HomeMy WebLinkAbout09.a.3) Exhibit B-Town of Danville Resolution No. 28-2014RESOLUTION NO. 28-2014
CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING
FINDINGS OF FACT, ADOPTING MITIGATION MEASURES AND A
MITIGATION MONITORING AND REPORTING PROGRAM, AND
APPROVING PRELIMINARY DEVELOPEMNT PLAN - REZONING
REQUEST LEG12 -0001, MAJOR SUBDIVISION REQUEST SD 9309,
FINAL DEVELOPMENT PLAN REQUEST DEV114- 0011
AND TREE REMOVAL REQUEST TR14 -0007
(APN: 208 -160 -007 AND 008 - PODVA
PROPERTY - PONDEROSA HOMES)
WHEREAS, PONDEROSA HOMES (Applicant) and PODVA FAMILY TRUST
(Owners) have requested approval of a Preliminary Development Plan. - Rezoning
request (LEG12- 0001), Major Subdivision request (SD 9309), Final Development Plan
request (DEV'14- 17011), and Tree Removal request (TR14- 0007), on a 109 +/- acre site;
and
WHEREAS, the site is located in southwest Danville, at the terminus of Midland Way;
and
WHEREAS, the site is also identified as Assessor's Parcel Numbers 208 - 160 -007, 008;
and
WHEREAS, collectively, these approvals would: (1) rezone the property from A -2;
General Agricultural District to P -1; Planned Unit Development District; (2) approve the
subdivision of the 109 +/- acre site to create 20 lots and authorize the development of 20
single family residential units; (3) authorize the development of two of the 20 lots to
include a second dwelling unit; (4) approve project architectural design and
landscaping details, and; (5) authorize the removal of 14 Town - protected trees; 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 Major Subdivision and /or final Development flan request; and
WHEREAS, approval of Preliminary Development Plan - Rezoning request LEG12-
0001 is provided for under Town Council Ordinance No. 2014 -02; and
WHEREAS, the Danville 'free Preservation Ordinance requires approval of a Tree
Removal permit prior to the rear -tovat of Town - protected trees; and
%1'HEREAS, the project's parkland dedication obligations have been satisfied through
the project's l)rovision of aclectuate acreage of private and public open space and
rec-reatiuiiat faciIities; and
WHEREAS, the development applications were defined a "project under the
California Environmental Quality Act (CEQA) and the Town of Danville determined
that preparation of an Environmental Impact Report (EIR) for the project would be
required; and
WHEREAS, the Town of Danville prepared and circulated a Notice of Preparation
(NOP) on October 11, 2012, for a 30 -day review period ending on. November 9, 2012,
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 and the EIR was
assigned the Clearinghouse Number 2012102028; and
WHEREAS, the Town of Danville held a publicly noticed scoping session on the EIR on
October 23, 2012; and
WHEREAS, the Town of Danville subsequently completed a Draft Environmental
Impact Report (Draft EIR) in accordance with CEQA; and
WHEREAS, on November 1, 2013, the Draft EIR was released by the Town of Danville
to the public and interested agencies for a. 45 -day review period, which ended on
December 15,2013; and
WHEREAS, notice was trailed to approximately 140 addresses advising of the
availability of the Draft EIR for public review and of the public hearing to allow
comments on the Draft EIR which occurred on November 26,2013; and
WHEREAS, the'Town of Danville prepared a Final Environmental Impact Report (Final
EIR) and released it to the public and interested agencies on February 28, 2014; and
WHEREAS, on March 11, 2014, the Planning Commission held a public hearing to
consider the Final EIR and the development application; and
WHEREAS, at that meeting, the Planning Commission adopted Planning Commission
Resolution No. 2014 -04 recommending that the 'Town Council certify the Final EIR and
approving the development applications; and
WHEREAS, on April 1, 2014, the Danville Town Council held a public hearing to
consider the Final EIR and development application; and
PAGE 2 OF RESOLUTION NO. 28-2014
WHEREAS, an administrative staff report was submitted recommending that the Town
Council certify the Final EIR, adopt findings of fact, 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 EIR and Project, the
Town Council determined that the Draft EIR and Final EIR (collectively, the EIR) has
been prepared in compliance with CEQA; and
WHEREAS, the Town Council reviewed and considered the information contained in
the 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 EIR reflects its independent judgment and
analysis; and
WHEREAS, the Town Council finds that all feasible mitigation measures were
considered and recommended for adoption; 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
administrative record, including the EIR and other documentation relating to the Final
EIR and the development application; and
WHEREAS, the required CEQA Findings are attached to this Resolution as Exhibit 1;
now, therefore, be it
RESOLVED that the Town Council makes the following findings:
Section 1. The Town Council finds that the 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 declare that it has made a reasonable and good faith effort
to eliminate or substantially mitigate, through adoption of all feasible mitigation
measures, all potential negative impacts that may result from the development
application.
Section 3. The Town Council concurs with the CEQA Findings of Fact in Exhibit 1 to
this Resolution and incorporated herein by this reference.
PAGE 3 OF RESOLUTION NO. 28-2014
Section 4. The Town Council Certifies the FIR and approves the development
application.
Section 5. The Town. Council authorizes that a Notice of Determination be filed within
five working days of approval of the development application.
and, be it further
RESOLVED, that the Town Council approve Preliminary Development Plan -
Rezoning request (LEG12- 0001), Major Subdivision request (SD 9309), Final
Development Plan request (DEV14- 0011), and Tree Removal request (TR14 -0007) per
the conditions contained herein, and makes the following findings in support of these
actions:
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 2010 General Plan. The General Plan contains policies
that encourage clustering of development on flatter portions of properties to
preserve open space and natural features. Danville 2010 General Plan Policies
1.07, 2.05, and 18.02 contain such provisions, with Policies 1.07 and 1.8.02
specifically identifying PUD or P -1 zoning as implementation measures. All three
of these policies are carried forward in the Danville 2030 General Plan, adopted.
in March, 2013, with .Policy 18.02 being renumbered 20.02.
2. The project site is identified as a Special Concern Area in the General Plan. The
text for the Special Concern Area of the F..Iworthy West /Podva (on pages 63 and
64 of the 2010 General Plan) includes the following relevant direction:
a. The open hillsides are an important resource for the Town of Danville,
providing a scenic backdrop for many neighborhoods and habitat for a
diverse array of wildlife.
b. Danville's primary goal in this area is to ensure that future development,
if and when approved, occurs with minimal visual impact and very little
change to the natural features that define this site.
C. The properties offer significant opportunities for connections between
Danville and the regional park system.
d. Opportunities for a limited number of residential development may be
appropriate on the flatter portions of the site.
PAGE 4 OF RESOLUTION NO. 28 -2014
1 'The Town further finds that the rezoning for residential development is within
the maximum permitted density under the property's General Plan land use
designation.
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 and the site's Residential - Rural Residential
General Plan land use designation.
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 listed as a consistent zoning designation under site's
Residential - Rural Residential General Plan land use designation. 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 20 lots on the 109 +/- acre site falls
within the allowable maximum unit count of 20, consistent with the site's
Danville 2010 General Plan land use designation of Residential - Rural
Residential.
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 Environmental. Impact Report (EIR) 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,
PAGE 5 OF RESOLUTION NO. 28-2014
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 tlixough or use of the subject properties. Through
project conditions of approval, the subdivision will offer new easements for
public access.
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 Balance
Hydrologics, Inc.
TREE REMOVAL PERMIT
The project as proposed would remove 24 trees. Of the 24 trees to be removed, 14 have
been determined to be protected trees under the provision of the Town's Tree
Preservation Ordinance.
The findings below address only the 14 trees designated as protected under the Town's
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 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 system
and grading to create residential development pads.
2. Erosion / surface water flow. Removal of the `Town- protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual. effects. With respect to other trees in the area, the project site contains a
significant number of additional trees, including additional 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
xvitli trees of an approved species and of a cumulative number and diameter
necessary to equal the diameter of the trees) which have been approved for
re,rnoval in accordance with the Town's Tree Preservation. Ordinance. Tree
replacement will. be conducted in accordance with the Town's requirements,
including planting a mixture of small. and large box trees to meet the cumulative
diameter number of the removed trees. The project proponent will also be
PAGE 6 OF RESOLUTION NO. 28-2014
required to replace all non- ordinance- species or 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.
Removal of the 24 trees, including 14 Town - protected trees, will not significantly
affect off -site shade or adversely affect privacy between properties due to the
site's topography, the other trees that would remain, and the locations 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
(LEG12- 0001), Major Subdivision request (SD 9309), Final Development
Ilan request (DEV14- 0011), and Tree Removal request (TR14 -0007) which
would collectively serve to: (a) rezone the property from A -2; General
Agricultural District to P -1; Planned Unit Development District; (b)
approve the subdivision of the 109 +/- acre site to create 20 lots and
authorize the development of each lot with a single family residence; (c)
authorize two of the 20 lots (i.e.,10% of the lots) to include a second
dwelling unit; (d) approve the project architectural design. and landscape
details, and; (e) authorize the removal of 14 Town.- protected trees.
Development shalt be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Development Plan. Subdivision 9309 labeled "Planned
Development - Podva Property," consisting of a plot plan,
landscape plans and details, as prepared] by Vandertoolen
Associates and Carlson, Barbee and Gibson, Inc. consisting of five
sheets and dated f une, 2013.
PAGE 7 OF RESOLUTION NO. 28-2014
b. Vesting Tentative Map labeled "Subdivision 9309 Vesting Tentative
Map - Podva Property," including Site Plan, Grading and Utility
Plan, Cross Sections, Tree Exhibit, Storm Water Control Plan, and
Cut and Fill Exhibit, as prepared by Carlson, Barbee and Gibson
Inc., consisting of seven sheets and dated February 28, 2014.
C. Architectural Plans labeled "Podva," consisting of floor plans,
elevations, roof plans, and details, as prepared by William
Hezmalhalch Architects, Inc. consisting of 41 sheets and dated
June, 2013.
d. Draft Environmental Impact Report as prepared by RBF Consulting
dated October, 2013, and Final Environmental Impact Report, as
prepared by RBF Consulting and dated March, 2014.
e. Preliminary Stormwater Control Plan, as prepared by Carlson,
Barbee, and Gibson, Inc. and dated October 30, 2013.
f, Truck Turn - Around Exhibit as prepared by Carlson, Barbee, and
Gibson, Inc. on file with the Planning Division and attached as an
exhibit to the Administrative Staff Report prepared for this project.
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:
a. Final Map Check Tee ........... ..............................$ 4,932.00
b. Base Map Revision Fee......, ..... .................I........ $1,980.00
C. Improvement Plan Check Fee ......... 3% of cost estimate
d. Engineering Inspection Fee .............5% of cost estimate
d. Grading Plan Check, Permit & Inspection ..............TBD
e. Excavation Mitigation Fee (Flood Control)..$ 13,000.00
The following fees are due at Building Permit issuance for the above -
mentioned. project:
a. Child. Care Facilities Fee .. ............................... $ 355 /unit
b. Finish Grading Fee ............... . $ 77/ unit
C. Storm Water Pollution Program Fee.—.... ....... $ 51/ unit
d. SCC Regional Fee.,,.,., ............. ............ $1,252 /unit
e. Residential TIP Fee ............... $ 2,000/ unit
f. Tri-V alley Transportation Fee ........ ..............$ 2,313/ unit
PAGE 8 OF RESOLUTION NO. 28-2014
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 $1,417.20 (six mailings at $120 + 140 notices @ $0.83 per notice due
per mailing).
4. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Rzu-non
Valley Fire Protection District and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of those respective
agencies.
5. The applicant shall submit to the Planning Division fees required to file a
Notice of Determination for this project as required by AB 3185, The fee
shall be $3,029.75 In addition, the applicant shall pay a $50.00
administrative fee to cover the processing cost for the AB 3185 fee, Both
checks shall be inade payable to the Contra Costa County Clerk and shall
be submitted to ti-ie ,rown within five days of project approval.
E Prior to the issuance of Grading Permits, the applicant shall demonstrate to the
satisfaction of the City Engineer that a Project Grading Operations Plan ivill be
intplemented that assures thefollou4ng:
a. Construction operations ulill be linfiled to the hours of 7:30 a.m. to 5.30
p.m. Monday through Friday, unless othernise approved in Writing, by the
City Engineer for general construction activity and the Chief Building
(Yficial for building cons tri tetion activity.
b. Construction contracts zoill specify that all construction equiptnentfixed
or tnObile, Will be equipped rvith property operating and, mvintained
rtn lers and other Sttite required noise attenuation devices.
il. Construction noise reduction methods Tvill be implemented, such as
shutting cff idling equipment; maximizing the distance betzveen
construction equipment staging areas and nearby occupied uses, housing
generators and compressors in acoustical enclosures; and making use of
electric air compressors and similar pourer tools, rather than using diesel
equipment.
d. During construction, stationary construction equipment -chill be placed
such that entitted noise is directed azom frornsensitive noise receptors.
Y
e. All construction entrances ujill be clearly posted rvith construction hours,
allaevable 7vorkdays, and the phone= number of the job superintendent to
allo'ev surrounding properly o-(vners the ability to contact the job
superinteriMitzoith project - related concerns.
f. Where the job superintendent receives a noise-related complaint, or is
PAGE 9 OF RESOLUTION NO. 28-2014
advised by the 7'onlii (If their receipt of a noise-related complaint, the Tozon
shall be advised by the job superintendent of the corrective action taken
and a report indicatirag the action shall be provided to [fie reporting party
upon request.
T Prior to any construction work on the site, including preliminary site
clearing or site grading, the applicant shall install a sign (minimum
dimensions of 3'x3) at the project entry which specifies the allowable
construction work days and hours and lists the company name, phone
number, and contact person for the overall project manager and for all
contractors and sub-contractors working on the job.
8. 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.
9, 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: (a) off -site improvements to be installed in
conjunction with each phase, (b) erosion control for undeveloped portions
of the site; (c) timing of delivery of emergency vehicle access connections;
and (d) 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.
10. The applicant shall prepare and submit a written Compliance Report,
signed by the applicant, detailing how the project will comply with each
applicable project condition of approval. A Compliance Report shall be
prepared. and submitted with the initial submittals for the grading permit,
the final map, the project improvement plans, and for the building permit
submittal. Fach Compliance Report submitted shall list each pertinent
condition of approval for that stage of development followed by a
description of what the applicant has provided as evidence of compliance
with that condition. Each Compliance Report submitted is subject to
review and approval by the City Engineer and/or the Chief of Planning
and/or the Chief Building Official, and may be rejected if it is not
comprehensive with respect to the applicable conditions of approval.
PAGE 10 OF RESOLUTION NO. 28-2014
11. Planning Division sign-off is required prior to final Building Inspection
sign-off for the initial residence completed in the project, for the tenth
residence completed in the project and for the final residencc completed in
the project.
12. Prior to issuance of individual building pen-nits, the applicant shall
document the project has made payment of applicable school impact fees
to the satisfaction of the San Ramon Valley Unified School District.
13. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated
with grading activity and installation of subdivision improvements. As
deemed necessary, following the Planning Division's review of the
spec'ialist's assessment, the applicant shall develop and implement the
corresponding rodent control plan to reduce impacts to surrounding
properties to the extent reasonably possible for the time periods of heavy
construction activity. The report shall include a schedule for regular
rodent inspections and mitigation based on the development schedule for
the project. This rodent control plan is subject to review and approval by
the Planning Division.
"I 4 The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of each phase
of project mass grading activity. 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.
15. Priar to issuance of a grading purivit, project grading plaits, bttilding plans, and
building specifications shall be prepared and sii1infitted for revien, an d. approval
ki/ the Cite Engineer and the Chief Bttildittg 9fficial that stipulate drat [lie
JbIloa)big basic construction mitigation measures alill be, intpleynented for project
c�'onstruction activity:
ti, All exposed siir�fiaces (c,g., parking areas, staging areas, soil piles,, graded
(Irells, urtpaved 4-iccess roads, etc,) shall be ivatered ivith as ntinitntini
Jreqtiency qftzvo times per day.
b. All haul irticks transporting soil, sand, or other loose rnaterial off-site shall
be ctnyered.
C. Al/ c4sible rinid or dirt track-oitt onto ad anent public roads sitall lie
winooed itsing a)et po7ver vactiwit street siveepers, zt*h a mininfuni
PAGE 11 OF RESOLUTION NO. 28-2014
frequency of at least once per day. [Note: The use of drty poiae'r sweeping
for this cleaning is expressly prohibited.]
d. All vehicle .speeds on unpaved roads shall be limited to a maximum speed
of 15 mph.
e, All roadways, driveways, and side-walks to be paved shall be completed as
soon as reasonably feasible.
f. All building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
g, Idling tithes of construction equipment shall be minimized either by
shutting equipment off 'when riot in use or by "reducing the maxirnurn
idling time to 5 minutes (as required by the California. airborne toxics
control measure 1"itle 13, Section 2485 oj' California Code of Regulations
[CCR]). Clear signage stating these operation standards shall be provided
by the applicant for construction workers at all project access points.
h. All construction equipment shall be maintained and properly tuned in
accordance with manufacturer's spe-cifi.cations. All construction
equipment shall be checked by a certified visible emissions evaluator prior
to use on the project site.
ii. Applicant shall post a publicly visible sign with the telephone numbers
and persons to contact" both for the project superintendent and for the
Town of Danville regarding dust complaints. The project superintendent,
once advised of the dust complaint, shall respond and take corrective
action 'within 48 hours. 'T'he BAAQMD's phone number shall also be
visible to ensure compliance with applicable regulations.
16. Project dlernolition plans anti specifications shall stipulate, to the satisfaction of
the Chief Building Official and prior to initiation of any demolition activities, that
such demolition activities will comply with BAAQMD Regulation 11, Rule 2:
Asbestos De'molitio'n, Renovation., and Ma.nu.fircturing.
IT Prior to initiation of each discrete phase of construction activity, the applicant
shall docuwrent to the satisfaction of the C.'ity Engineer and the Chief Building
C-f ficial that construction phases (e.g., grading, utility installation, Paving,
building construction, etc.) do not overlap,
18. If subsurface deposits believed to be cultural or hurnan in origin are discovered
during the construction of the project., all 'work shall halt within a 200- foot radius
of the discovery and a qualified archaeologist, meeting the Secretary of the
Interior's Qualification Standards for prehistoric: and historic archaeologist, shall
be retained at the project applicant's expense to evaluate the significance of the
find:: Work shall not continue at the discovery site until the archaeologist
PAGE 12 OF RESOLUTION NO. 28-2014
conducts sufficient research and data collection to make a determination that the
resource is either. (a) riot cultural in origin; or, (b) not potentially significant or
eligible fcrr listing on the National Register of Historic Places or the California
Register of Historical Resources.
f a polentiall y- eligible resource i's encountered, then the archaeologist, lead
agency and project applicant shall arrange for either; (a) total avoidance of the
resou..rce, if possible; or (b) test excavations to evaluate eligibility and, if eligible,
data recovery as mitigation. The determination shall be lbrmally documented in
writing and submitted to the lead agency and filed with the Northa7est
Injrrrrnation Center as verification that the provisions in this mitigation measure
have been niet
I f human remains of arty kind are found during construction activities, all
activities shall cease immediately and the C"antra Costa County Coroner be
notified as required by state lazy (Section 70,50.5 of the Health and Safety Code). If
the coroner deterrnities the remains to be of Native American origin, he or she
shall notifi7 the illative American Heritage Commission (NAT -IC). The NAHC
shall then identifiy the most likely descendant(s) (MLD) to be consulted regarding
treatment and /or reburial of the rertlains (Section 5097.98 of the Public IZesou.rces
Code). If an MLD cannot be identified, or the MLD fails to snake a
recommendation regarding the treatment of the remains within 48 hours after
gaining access to the rerna.ins, the `I'o )n shall rebury the Native American human
remains and associated grave goods with appropriate dignity on the property in a
location not subjec.-t to further subsur{ace disturbance. Work can continue once
the MLD's recommendations Have been implemented or the rerrinins have been
reburied if-"no agreement can be reached with the MLD (Section 5097.98 of the
Public Resources Corte).
19. A paleontologist shall monitor initial project: ground disturbing ac:tiz7ities at or
below five feet from the original ground surface or at any direct exposure of
bedrock, A sample of alluvium belou.? this soil layer depth shall be taken for
presence- absence testing of• micro- vertebrate fossils. Subsequent to the initial
monitoring and sediment sampling, the paleontologist shall be allowed to
determine i f lrbirther monitoring or periodic site review(s) are necessary or if no
farther triorTitoritig f()r pi7.lecltitologlcal resources is appropriate.
Paleontological monitors shall be empowered to halt construction activities at the
location o{ a discovery to ret7iea, the possible paleontological material and to
protect the resource 'while it is being evaluated. ,Vonitoring shall continue until,
in. the Paleontologist's judgment, paleontological resources are not likely to be
discovered.
PAGE 13 OF RESOLUTION NO. 28 -2014
If paleontological resources are discovered during project activities, all zvork
within 25 feet of the discovery shall be redirected until the paleontological monitor
has assessed the situation and made recommendations regarding their treatment.
Adverse effects on paleontological resources shall be avoided by project
r.. activitiesunless avoidance is determined to not be feasible. All paleontological
resources encountered shall be evaluated .for their ,significance. If the resources are
determined to not be significant, avoidance is not necessary, If the resources are
determined to be significant, they shall be avoided to ensure no adverse effects, or
such effects shall be mitigated to the satisfaction of the paleontological monitor or
the Tonin,
1 %Vlrere paleontological resources are discovered during project activities, a report
shall be prepared upon project completion documenting the methods and results of
monitoring. 'I'he report shall be submitted to the Northzvest Information Center,
the Tou n of Danville, and the project applicant.
20, Prior to demolition activities, an asbestos survey shall be conducted by an
Asbestos Hatiard Emergency Response Act (AH1I .'RA) and California Division of
Occupational Safety and Health (C'al.10SHA) certified building inspector to
o'eterrnine the presence or absence of asbestos containing- materials (A.CMs). If
A.CMs are located, abaternent of asbestos shall be completed prior to any activities
that zvould disturb ACMs or create an airborne asbestos hazard. Asbestos removal
shall be perforrned by a State certified asbestos containment contractor in
accordance tvith the Bay Area Air Quality Management District (BAAQMD)
Regulation 11, Rule 2.
21. If paint is separated from building materials (chemically or physically) during
demolition of the structures, the paint evaste. shall be evaluated independently
from the building rnaterial for lead by a grr.alifred Environmental Professional. If
lead -based paint is found, the applicant shall be responsible fi:rr abatement, (i)hic:h
shall be completed by a qualified Lead Specialist prior to any activities that mould
create lead dust or fume hazard. Lead - -based paint rernaval and disposal shall be
perforrned in accordance ivith C.'alifornia Code of regulation 'Title 8, Section
1512.1, 'a,hich specifies exposure limits, exposure monitoring and respiratory
protection, and mandates good jork:er practices by Zvorkers exposed to lead.
Contractors performing lead -based paint removal shall provide evidence of
abatement actin }ities to the Tbzan- Engineer,
B. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited and
exterior fighting is dawn -lit and illuminates the intended area only.
PAGE 14 OF RESOLUTION NO. 28-2014
Building applications for new structures shall include an exterior lighting
plan subject to review and approval by the Planning Division that
includes the following requirements: (a) exterior lighting shall be
directional; (b) the source of directional lighting shall not be directly
visible; and (c) 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.
1 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 review and approval of the Contra Costa
County Health Services Department - Environmental Health Division and
the Planning Division,
4, Minimum setbacks for the primary residences for this development shall
be as shown on the approved plotting plans referenced under Condition
of Approval A.1.a, above. All future building additions and future
detached accessory structures shall be subject to the R-15; Single Family
Residential District development standards and the Single Family
Residential District Ordinance. Allowed uses and conditionally allowed
uses shall be as listed under the R-15; Single Family Residential District
Ordinance.
D, As part of the subject P-1; Planned Unit Development District, the
remaining, approximately 99 acre undeveloped portions of the site, shown
as Parcels A, B, and C on the project Vesting Tentative Map, 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 these portions of the project site.
6. With the recordation of the initial final map for the project, the applicant
shall make an offer of dedication (or shall make a prior or concurrent land
donation) to the East Bay Regional Park District (EBRPD), offering in
dedication. the 95.6 +/- acre parcel identified as Parcel C on the project
Vesting Tentative Map referenced under Condition of Approval A.I.b.,
above.
PAGE 15 OF RESOLUTION NO. 28-2014
With the recordation of the initial final map for the project, the applicant
shall make an offer of dedication (or shall make a prior or concurrent land
donation) to the :EBRPD of a recreational trail easement and an emergency
vehicle and maintenance access easement providing for public access to,
and maintenance of, the Las Trampas Regional Wilderness Area.
S. The applicant shall be responsible for the construction of a trail within the
trail easement described above in Condition of Approval B.7. The trail
shall be constructed to the EBRPD recreational trail and emergency
vehicle and maintenance access standards. The trail. shall be equipped
with. appropriate fencing, gates, informational signage and similar trail
improvements, as determined by the Town in consultation with the
District.
9. The applicant shall be responsible for the construction of appropriate
gates, fencing, and similar open space improvements on the parcel to be
offered in dedication to the EBRPD, as determined by the Town in
consultation with the District to meet the District's open space standards.
10. 'the applicant shall be responsible for the establishment of an appropriate
long term funding mechanism to cover expenditures for open space
maintenance. The mechanism selected shall be determined prior to
recordation of the initial final snap for the project. The amount and form
of funding shall be as determined appropriate by the Town in
consultation with the EBRPD, and shall be consistent with the funding
needs shown to be necessary to maintain similar District open space
facilities and shall account for increases in costs associated with inflation.
1.1. The applicant shall record a deed notification to run with the title of the
lots created as part of this subdivision which notifies existing and future
property owners of the existence of the public trail connection within the
development and the right of the general public to take access to the
EBRPD Las Trampas Regional Wilderness Area via that trail connection
by walking through the residential project on designated sidewalk areas
and to park in designated project curbside parking that is to be identified
as being available to the public to access the trail connection.
12. Parcel 7 from the Preliminary Report by First American Title Company
dated 4/15/2011 (Order Number 0131- 617896ala) is a prescriptive
easement for "...limited vehicutar access to repair a fence and to feed farm
animals." It extends across the Grisel property (APN 208- 650 -024) at 263
PAGE 1.6 OF RESOLUTION NO. 28-2014
Montego Road.. This easement will not be relevant or useful once the
subject property develops. As such, the owner shall quit claim this
easement prior to or concurrent with recordation of the final subdivision
map, as may be determined necessary by the Town.
"13. The drainage easements that encumber the adjoining Plummer (APN 208-
361 -011), Raty (APN 208- 303 -004), Daugherty (APN 208 - 303 -01), Peers
(APN 208 - 302 -021), Kolnes (APN 208- 302 -011), Larson (APN 208 -302 -010),
and Bender (APN 208- 302 -009) parcels will no longer be needed once the
applicant constructs storm drain improvements along the subdivision's
eastern boundary. As such, the applicant shall prepare all necessary
documents that will allow the Town to quit claim all rights and interests
in these drainage easements, as determined necessary by the 'Town.
14. The responsibility to maintain the existing trash rack located to the south
of proposed Lot 4 shall be transferred either to the Geologic hazard
Abatement District (GHAD), the project homeowners' association (IIOA),
or other similar instrument found to be acceptable by the Town upon
recordation of the initial final map recorded for the property. The area to
the south of Lot 4 shall be configured to the satisfaction. of the Engineering
Division to assure accommodation. to stage the necessary maintenance
equipment and to make provision for the turnaround and departure of
equipment used to remove debris from the trash rack. The area shall be
graded as determined appropriate by the Town and shall have all- weather
surfacing (as generally shown on the exhibit referenced under Condition
of Approval A.M., above).
C. LANDSCAPING
1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board prior to
the .final. Town approval of the improvement plans for the project. The
plans 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 that is to be located in areas that will be the
responsibility of the project homeowners' association (HOA), the Geologic
Hazard Abatement District (GRAD), or other similar instrument found to
be acceptable by the `Gown shall be served by an automatic underground
irrigation system and shall be maintained in a healthy growing condition.
PAGE 17 OF RESOLUTION NO. 28 -2014
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 that are to be the responsibility of the HOA to
maintain, that are 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 onsite or offsite
protected trees which are not approved for removal, a security deposit in
the amount of the assessed value of the tree(s) (calculated pursuant to the
Town's Tree Protection Ordinance) shall be posted with the Town 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. tree(s). The appraisal shall. be done in accordance
with the current edition of the "Guide for Establishing Values of Trees and
Other Plants," by the Council of Tree and Landscape Appraisers under the
auspices of the International Society of Arboriculture. The appraisal shall
be performed by a Certified Arborist, and shall be subject to review and
approval by the Planning Division. 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 the
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.
* 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, All good neighbor fences shall be constructed of a solid design. Fences
shall be constructed of pressure treated Douglas Fir (or equivalent), shall
include minimum 2 "x8" kickboards, solid 2 "x4" top and bottom rails, and
2 "x2" nail strips at the top and bottom of the fence boards.
PAGE 18 OF RESOLUTION NO. 28-2014
K The retaining wall with stone veneer shown on Sheet L -4 of the project
Landscape Plans (Section A -A.) shall be designed to minimize its visibility,
subject to final review and approval by the Town and the Design Review
Board.
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 they 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 less than four inches in height,
they shall be illuminated consistent with the requirements of 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.
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 prior to sign installation.
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 residences shall be constructed using a high quality window
manufacturer, subject to review and approval by the Design Review
Board prior to issuance of building permits for the project.
PAGE 19 OF RESOLUTION NO. 28-2014
8. Hardy Plank Artisan series siding or a similar product shall be utilized for
the building siding, subject to review and approval by the Design Review
Board prior to issuance of building permits for the project.
F. MOLOGICAL
1. Prior to the start of construction, a qualified biologist shall train appropriate
project construction staff regarding habitat sensitivity, identification of special
status species, and required practices. The training shall include the general
measures that are being implemented to conserve these species as they relate to the
project, the penalties for non- compliance, and the boundaries of the project area. A
fact sheet or other supporting materials containing this information shall be
prepared and distributed. Upon completion of training, employees shall sign a
forin stating that they attended the training and understand all the conservation
and protection measures.
2. A qualified biologist shall survey the project site prior to, and be present to
monitor, construction activities during any initial ground disturbance or
vegetation clearing or other periods during construction, as necessary. The
biologist shall capture and relocate any Qilifornia red-legged frogs (CRLF) that
are discovered during the surveys or construction monitoring. Any individual
CRLFs that are captured shall be held for the minimum amount of time necessary
to release them to suitable habitat outside of the v)ork area.
1 A qualified biologist shall stake and .' flag construction exclusion zones around all
known locations of CRLF breeding and upland refuge areas in the construction
7-one. These areas shall be avoided during construction activities to the maximum
extent practicable, All construction areas shall be flagged, an d fill activity shall be
confined to these areas.
4. 1 f a CRLF is encountered during construction ?vork, construction activities shall
cease until the animal is rent(wed and relocated by a qualified biologist.
L.Inless otherivise authorized by the City Lngineer, construction activities
I I 117,001-oing sit(, clearing and site grading shall be limited to the period from May I
through October 3 1.
6. Permanent and temporanj construction disturbances and other types of pro ' iect-
related disturbances to CRLF habitat shall be minimized to the maximum extent
practicable and corrftned to the project site. To minimize temporary disturbances,
ali project- relatei-I vehicle trqffic shall be restricted to established roads,
construction areas, designated cross-countt�j routes, and other designated areas.
PAGE 20 OF RESOLUTION NO. 28-2014
'I'hese areas shall also be included in preconstruction surveys and, to the
maxintwn extent possible, shvIl be established in locations disturbed by previous
activities to prevent further adverse effects. Sensitive habitat areas shall be
delineated with high visibility flagging or few ing to prevent encroachment of
construction personnel and equipment into the areas during project work
activities. At no time shall equipment or personnel be allowed to adversely affect
areas outside the project site without authorization from the U.S. Fish and
Wildlift, Seroice.
7. Because dusk and dawn are often the times when CRLF are roost actively foraging
and dispersing, all construction activities involving site clearing and site grading
shall arise one half hour before sunset and shall not begin prior to one half hour
before S111111'se.
8. A Mitigation and Monitoring Plan shall be prepared for the explicit purpose of
providing appropriate ongoing management of the open space area. This plan
shall be submitted to the Planning and Engineering Divisions for revietv and
approval. At a minimum this plan shall:
a. Identify the location of the restoration efforts for replacing jurisdictional
ii,aters. 'I'he replacement ratio for Jurisdictional Tvaters shalt be at a
minimum of a 7:1 ratio.
b. Identify the approaches to be used for any proposed habitat enhancement
including, identification as to what extent onsite ponds will be expanded,
measures to define any reconfiguration of existing pond bottoms, measures
to increase the pond depth of any existing ponds, and provision of
appropriate evidence that sufficient water budget exists for any proposed
habitat enhancernent.
C, Identify a suitable planting regime for restoring or enhancing wetland and
riparian habitats.
& Identify success criteria for monitoring both the wetland and riparian
habitats that are consistent with similar habitats regionally.
el Providefior the monitoring of restored or enhanced wetland habitats for at
least five years and restored or enhanced riparian habitats for jive years.
f. Define and identifif maintenance and management activities to mflna
ge
the open space habitats to meet the stated goals of support habitat
characteristics suitable for the CRLF. This is to include identification of
suitable fencing so as to control access, limited cattle grazing or other
procedures to inanage grass height and forage production at levels that
ben(;fft the CRLF, and to provide for reinoval of trash,
PAGE 21 OF RESOLUTION NO. 28-2014
g. Define and provide for an appropriate financial mechanism, such as a non
Toasting endowment or an assessment district that funds the management
of the open space into perpetuity.
9. The f)llowing measures specific to western pond turtles shall be implemented.
a. Pre - construction surveys shall be conducted to ensure that western pond
turtles (WP'I) are absent from the construction area. If WPT are present,
a qualified biologist possessing all necessari/ permits shall relocate them.
b� Immediately following the pre - construction surveys, the construction zone
shall be cleared, and silt fencing shall be erected and maintained around
construction zones to prevent WPT from moving into these areas.
C. A biological monitor shall be present onsite during particular times of
construction to ensure no WPT are harmed, injured, or killed during
project buildout.
10. The following measti..res specific to Alameda whipsnake shall be implemented:
a. Pre - c=onstruction surveys shall be conducted to ensure that Alameda
whipsnake are absent from the construction area. If Alameda whi.psnake
are present, a qualified biologist possessing all necessary permits shall
reloc=ate thern.
b. Irmnediately followin the pre - construction surveys, the c=onstruc=tion zone
shall be cleared, and silt fencing shrill be erected and maintained around
construction. zones to prevent Alameda whipsnake from rreoving into these
areas.
C. A. biological monitor shall be present onsite during particular times of
construction to ensure no Alameda r17hipsnake are harmed, injured, or
killed during project buildout.
17. 't'o the maximum extent practicable, trees planned for removal shall be rernoved
during the non - breeding season for tree - nesting raptors and other tree- or
ground - nesting migratory birds (i.e., the period frorn September 1 through
January 31). If it is not feasible to avoid tree removal or other disturbances during
the breeding season (i.e., the period from February 1 through. August 31), a
qualified biologist shall conduc=t a pre - construction survey for tree- nesting raptors
and other tree- or grount:t- nesting migratory birds in all trees or other areas of
potential nesting habitat 7ith.in the constru.c.tion footprint and within 250 feet of
the footprint, if such disturbance would occur during the breeding season. J'his
survey shall be conducted no more than 14 days prior to the initiation of
tleitiolXtroii.I onstru(.taorr activities during the early part of the breeding season
(ix, the period of February through April) and no more than 30 days prior to the
PAGE 22 OF RESOLUTION NO. 28 -2014
initiation of these activities during the late part of the breeding season (Le., the
period of 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 (up to 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 confrrned 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.
12, In order to avoid impacts on active burrowing owl nests, aqualified biologist shall
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 surveys shall be conducted in a manner
consistent with accepted burrowing owl survey protocols. If pre- construction
surveys determine that burrowing ouds occupy the site during the non - breeding
season (i.e., the period from September 1 through January 31), then a passive
relocation effort (e.g., blocking burrows with one -way doors and leaving them. ire
place for a minimum of three days) shall be implemented to ensure that the owls
are not harmed or injured during construction. Once it has been determined that
on,ls have vacated the site, the burrows can be collapsed, and ground disturbance
can proceed. If burrowing owls are detected within the construction footprint or
inrmtediately adjacent lands (i.e., within 250 feet of the footprint) during the
breeding season (i.e., the period from February 1 through August 31), a
construction -free buf fer of 250 feet shall be established around all active owl nests.
The buffer area shall be enclosed with temporary f nc'ing, and construction
equipment and workers shall not enter the enclosed setback areas. Buffers shall
remain in place for the duration of the breeding season or until it has been
canfiri -ned by a qualified biologist that all chicks have fledged and are independent
of their parents. Afler the breeding season, passive relocation of any remaining
owls may take place as described above..
I3. Pre- constru..c:tion surveys conducted for burrowing o wds shall also be used to
determine the presence or absence of badgers in the development footprint. if an.
active badger glen is identified during pre - construction surveys within or
imiwediately adjacent to the construction envelope, a construction free buffer of
up to HOC) feet (or distance specified by the resource agencies, t.t'., the California.
Departnsent of Fish and Game) shall be established around the den. Because
badgers are knocon to use multiple burrovis in a breeding burrow cornple:Y, a
biological monitor shrill be present onsite during construction a.ctiviiies to ensure
the buffer is adequate to avoid direct impact on individuials or den abandonment.
PAGE 23 OF RESOLUTION NO. 28 -2014
The monitor shall be present onsite until it is determined that young are (�f 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.
14, The project applicant shall implement avoidance, minimization, and/or
compensation measures to reduce impacts on jurisdictional waters and riparian
habitats to a less than significant level,
Avoidance. The preferred method of mitigation is the avoidance of all waters of the
U.S, and State by designing the project so that it avoids the placement of fill
'within potential jurisdictional waters and impacts on riparian habitat.
The proposed project has been designed to avoid all but approximately 288 linear
feel:, totaling a land area of 0.03 +/- acres, of upland seasonal channels and
associated riparian vegetation, Riparian woodland habitat associated zvith higher
order drainages oil the site -will be avoided by the proposed project as designed.
Additionally, to avoid the site's steeper slopes, the proposed project has been
confined to the flatter area (it the east end of the SitE, Which Will require some fill of
epherneral drainages located in the construction area.
Minimization. Because fidl avoidance is not possible, actions shall be taken to
minimize impacts on aquatic and riparian habitats. Aleasu.res taken during
constriwtion activities shall include placing construction fencing around the
aquatic features or riparian areas to be preserved to ensure that construction
activities do not inadvertently impact these areas,
As part of project build-out, all proposed lighting shall be designed to avoid light
and glare impacts on the riparian corridors to be avoided. Light sources sluill not
be visible from riparian areas and shall not illuminate riparian areas or Cause
glare opt [lie opposite side of the channels (e.g., to neighboring propel-ties).
Additionally, proposed development activities shall be designed and situated to
U'Void the loss of trees within any riparian areas to the rnaxiinurn extent
practicable,
Because impacts to the ephemeral drainages at the east end of the site
cannot be avoided, an onsite habitat mitigation and monitoring plan shall be
de'oeloped to mitigate for impacts on these features. It is expected that all
mitigation ineasures can be accOmniodated zoithin the approximately 100 acres of
the site that are proposed for preservation as open space. If the preserved area
cannot ,fully accommodate the mitigation measures, than offsite restoration shall
be implemented.
PAGE 24 OF RESOLUTION NO. 28-21014
tl0itigation ntensures shall either result in the creation of new habitat as
replacement for habitat lost or enhance the quality of existing habitat for native
plants and wildli e. Mitigation reasures shall include repliacemertt of riparian
and aquatic habitat fit a replacement -to -loss ratio of Lip to 3:1 for permanent
acreage impacts (e.g., up to three acres created for each acre pernnanently
impacted) as -well as reseeding or replanting of vegetation in temporarily
disturbed areas according to a site - specific mitigation plan. At a min.imuni, this
plan shall identify mitigation areas, a planting plan, site maintenance activities,
sticcess criteria, and remedial measures to compensate for lack of success.
The mitigation goal shall be to create and enhance riparian or aquatic habitats
With Habitat functions and values greater than or equal to those existing in the
itripact, zone. This could include enhancing the wetland ponds and associated
seasonal drainage and tributaries to increase their wetland and riparian value,
'Which would benefit native wildlife in the region, such as CRLF.
A detailed monitoring plan, including specific success criteria, shall be developed
and submitted to permitting agencies during the permit process. The mitigation
area shall be monitored in accordance with the plan approved by those permitting
agencies. 'I'he basic components of the monitoring plant shall consist of final
success criteria, performance criteria, monitoring methods, data analysis, as -built
plans, monitoring schedule, contingency /remedial measures, and reporting
requirements.
15. A Habitat Mitigation and Monitoring Plant shall be prepared that rat a minimum,
a. Defines the location of all restoration /creation activities;
b. Provides evidence of suitable water availability (e.g., from precipitation
and surface runoff) to support any created wetland and riparian habitats;
C. Identifies the species, amount and location of plants to be installed,
d. Identifies time of year for planting and ntiethod for supplemental watering
during the establishment period;
e. Identifies the monitoring period which shall be not less than. five years for
cnetland restoration and not less than five years for riparian restoration,
defines sticcess criteria that shall be required for the wetland restoration to
be deemed a success;
f Identifies adaptive management procedures that accommodate the
uncertainty that comes with restoration projects. 'These include, but shall
not be limited to, measures t(? address colonization by invasive species,
unexpected lack of water, excessive,foraging of installed wetland plants by
native wildlife; etc.;
PACE 25 Or RESOLUTION NO. 28 -2014
g. Defines management and maintenance activities (e.g., weeding of
in.viasive, providing f6r supplemental - (vater, repair of water deliver/
systems, etc.), and,
h, Provides for surely in funding the monitoring and ensuring that the
created evetland and riparian habitats fill within lands to be preserved and
managed into perpetuity.
16. The project applicant shall comply with all state and federal regulations related to
construction work that -would impact aquatic habitats occurring on the site, The
project applicant shall be required to obtain a Section 404 Clean Water Act permit
frorn the LISACE, Section 401 Water Quality Certification from the RWQC,B,
and Section 1600 Strearnbed Alteration Agreement from the CDFWr prior to
initiating any construction within these habitats, A qualified biologist shall be
present onsite during the filling of features considered jurisdictional by these
agencies.
17, To compensate ,for the proposed re'rnoval of 24 trees, the project applicant shall
assure the implementation of the follow ng measures;
a. The project applicant's Consulting Arborist shall calculate the total inches
of diameter oj� Town - protected trees to be removed, as of the date of the
grading permit application (i.e., the "Total [riches "), and submit that
calculation to the Planning Division. The project applicant shall be
required to replace the 14 Town- protected trees to be removed with a
rlumber and size of oak trees equal to the total inches of the diameter of the
trees to be removed. The required tree mitigation planting shall be in
addition to the street trees otherwise required to be planted as part of. the
project's landscape plan.
b. It is currently estimated that all mitigation oak trees can be accommodated
onsile. 1 "here trees shall be 24 -inch box size trees, zohich shall receive a.
credit of two- inches per tree tocna'rd the total mitigation planting
requirement,
C. Free Preservation. Ordinance Section 32.79.:9(h) sets forth requirements
for preservation of Town "Protected" trees on the project site that would
riot be reinoved for the project, but might be affected by the construction
process. The ordinance requires payment of security to the extent that the
project sponsor proposes construction work that would occur within the
dripline of a protected tree intended to be preserved. The current
calculated ahte of these trees is $200,950.
PAGE 26 OF RESOLUTION NO. 28 -2014
18, The following recontmendations shall be observed /implementer] to help reduce
impacts to trees from development and to maintain and improve their health and
vitality through the clearing, grading and construction phases of the project.
a. Any changes to the plans affecting the trees shall be reviewed by the
Consulting Arborist 'with -regard to tree impacts. 'These include, but are
not limited to, demolition plans, site plans, improvement plans, utility
and drainage flans, grading plans, and landscape and irrigation plans.
b. Have the vertical and horizontal locations of the 24 trees, as identified in
the Arborist Import, Podva Property, Danville, CA, prepared by
HortScience on October 14, 2013, established and plotted on all plans.
Once trunk locations are plotted on plans and reviewed by the Consulting
Arborist, impacts on individual trees can be assessed and tree protection
zones for those trees identified for preservation can be established.
Cl A tree= protection zone shall be established around each tree to be
preserved. No grading, excavation, construction or storage of materials
shall occur within that zone. I- lozwever, up to 12 inches of fill may be
placed around the trunks of trees. Trees not listed belort, shall have the tree
protection zones established as one foot behind the edge of grading. The
tree protection zones fbr all other trees are as follow }s:
Nitniber
143
Species
Valley Oak
Diameter
21
ZOne
Dripline in all directions
....... .._..
144
......�._..... _...... _ ..__
Valley Oak
. �.._..._.
47
�. ,..................._ _............_........_........ _ � ._...........
Dripline in all directions
1111._......
171
.H._._ .. _..
' Valley Oak
�, ._.. ;...._
36
...............__ �_........... ................. ....... .............. ....... ............. .............................
Dripline in all directions
..._.
172
M..._ � . .. .
Valley Oak
_.._
7
... __.... ...1.111... ..._ _111_1.. - ..........._...
Dripline in all directions
176
1111.
Valley Oak
...................... ....................
15
m. .����.m��� m................. 1111..
Dripline in all directions
w.
179
..�.... � ....................................... 111..._..._1
j Valley Oak
.........._
1 ��
Dripline in all. directions
185
............. 1. __ ._..� .._._..�.._
Valley Oak
.. .......... _. __1111..
44
_�_ _ _._.. . . 1111- .._.__� .._..........
Dripline in all directions
_. _...W....
186
.. ___ _ _.._._
Coast live. Oak
_...._w._...�...._....
14
.1.1.1...1......._.....
Dripline in all directions
_..__ ....... .................
187
........ �................ ...
Valley Oak
,.,.... .._._.�.._
20
.-...,......,.,.,.., ..._m ...- ............_..
Dripline in all directions
18 ...
........ ........
_.. .. .....
Valley Oak
_. _. .... .. ... ......._....... . _................. ....__
21
Dripline: in till directions
_. � _.__...............
192
Valley Oaks,
�._...._._.,....._
� ........ _ 1111.._.
35' SW, 20' W, dripline in all other
........,_ .........
.... .........
dlYCetrt7nS
d. Underground services including utililres, sub- drains, 'water or sewer shall
be routed around true protection zones. Where encroachment cannot lie
PAGE 27 OF RESOLUTION NO. 28 -2014
avoided, special construction techniques, such as hand digging or
tunneling under roots, shall be employed 'where necessary to minimize
root Irijiiry.
e. Tree Preservation Motes, prepared by the Consulting Arborist, shall be
included on all plans.
f Irrigation systems shall be designed so that no trenching zvould occrlr
within the tree protection zone.
g, Any herbicides placed under paving materials must be safe for use around
trees find labeled for that use.
h. Do not lime Within 50' of any tree to be preserved. Lime is toxic to tree
roots.
19. The demolition contractor and construction superintendent shall meet with the
Consulting Arborist before beginning work to discuss work procedures and tree
protection.
20. The applicant shall be responsible for the installation of tree protection measures
around the trunk of trees along the property line of Lots 1, 2, 3, 19, 20 and Parcel
A. 7'ree protection measures shall consist of either hay bales stacked 6-foot high or
rolls of erosion control material wrapped around the tree trunks. For all other
trees, the applicant shall provide for the installation of fencing to enclose the tree
protection zone prior to demolition, grubbing or grading. Fences shall be 6-jbot
chain link or equivalent as approved by the TOWn. Tree protection items that are
utilized shall rerriain in place until all grading and construction is completed.
21. The applicant shall be responsible for the location and staking of the property tine
as well as the proposed location of both the V -ditch and retaining wall prior to the
start of demolition. Following staking, the Consulting Arborist will reviety tree
protection and construction procedures Leith the project superintendent.
22. '- he applicant shall be responsible for the remotwl of the existing wire fencing by
hand and shall rernoc >e anil attachments to tree trunks by hand.
23. Tree pruning may be required to clean the crown and to provide construction
clearance. All pruning shall be done by a State of California Licensed "free
Con.tractor (C61/D49). All pruning shall be done by Certified Arborist. or
Ceriified 'free Worker in accordance -with the I3e ?st Management Practices j1br
Pruning (International Society of Arboriculture, 2002) find adhere to the most
PAGE 28 OF RESOLUTICiN Nth, 28 -2014
31 Supplemental irrigation for trees tl ffec:ted by project construction may be reds- sired,
rnith such irrigation to be provided as may be specified by the Consulting
A rboris t.
34. tf injury should occur to any tree not slated for removal during construction, the
injured tree shall be evaluated as soon as feasible by the Consulting Arborist so
that appropriate treatment(s) can be applied,
3 55. No excess soil, chemicals, debris, equipment or other materials shall be dumped or
stored mithin the tree protection. zones.
36. Any additional tree pruning needed for clearance during construction shall be
performed by a Certified Arborist and not by construction personnel.
37. Preserved trees zc;ill experience a physical environment different from that of pre -
development. As a result, tree health and structural stability shall be monitored.
Occasional pruning, fertilization, mulch, pest management, replanting and
irrigation may be required and shall be provided as may be directed by the
Consulting Arborist. In addition, provisions for monitoring both tree health and
structural stability follo(ving construction shall be made a priority. As trees age,
the likelihood of lrailure of branches or entire trees increase. Therefore, annual
inspection for hazard potential shall be conducted,
F. GRADING,
Any grading on. adjacent properties will require prior written approval. of
those property owners affected..
2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowners associations of
nearby residential projects arid to the 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. `rhe 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 narnes of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
3. Where soils or geologic: conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report
PAGE 30 GE RESOLUTION NCB. 28 -2014
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.
4. 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 of the Danville Municipal Code.
* 5, All cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
* b. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
7. 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.
8. runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
9, Concurrent with the submittal of the final grading plaits, the applicant
shall submit a plan detailing all project retaining walls greater than three
feet in height and all other retaining walls determined to need to be
reviewed through the building permit review process that are proposed to
be installed in the project. Details shall include wall height, design,
construction materials, and method of provision for drainage behind the
walls. 'T'he plans shall. also depict which retaining walls will be
maintained by the CHAD, homeowners' association, or other instrument
found to be acceptable by the "Town, Final wall design shall be subject to
review and approval by the Planning Division prior to issuance of grading
permits.
10. A designs -leuel �t eotec hrr crrl engineering investigation shall be performed prior to
the issuance nce oJXradhng perrnits Jar all uture deT.?elopnrtent ulithin the project site.
I'he design and construction of pro,iec°t- related de-oeloprnent shall incorporate the
i'et'Ortlnilen'f.d.atZOns of the desng72 -level geotec'1lnicdrl etigineeri.7ig investigation.
PAGE 31 OF RESOLUTION NO. 28 -2014
11. A clu.alified Environmental Professional shall be present during the rernoval of
onsite debris located in the southeastern portion of the project site near the steel
outbuilding. If stained soil is present beneath any debris, soil samples shall be
collected from the stained soil and analyzed. The debris shall be removed and,
based on the results sample analyses, disposed of in accordance zenith regulatory
requirements.
12. Prior to grading and other construction activities, construction personnel shall be
trained to recognize indications of Underground Storage Tanks (LISTS), buried
debris, and other potential adverse environmental condition zlnhich may be
discovered on the property. If u.nknozon Wastes or suspect materials are discovered
during construction by the contractor that are believed to involve hazardous
'imste or materials, the contractor shall comply zvith the follozcning:
a. Immediately stop u)ork in the vicinity of the suspected contaminant,
removing ujorkers and the public from the area.
b. Notify the "Fourn Engineer.
C. Secure the areas as directed by the `I own Engineer.
d. Notify the Contra Costa County flealth Services - Hazardous Materials
Programs (CCHS- HA/1P?) Coordinator.
13.. Prior to grading permit approval, the project applicant shall submit an Open
Space Management Plan to the Sari. Ramon Valley Fire. Protection District and
the City Engineer for reviev.) and approval. The Open Space Management Plan
shall incorporate all applicable San Ramon Fire Protection District conditions of
approval related to access, roadzcnay widths, turning radii, fire floza requirements,
fire hydrant locations, and other requirements to assure access to open space for
fire protection personnel and for fuel modification and maintenance in perpetuity.
G. S'TBEETS
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.
PAGE 32 OF RESOLUTION NO. 28 -2014
* 3. All m.u.d 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 sha.11 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.
k 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. Public streets shall be improved to the standards in Condition of
Approval 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 Condition of Approval
A.1. above and shall conform to Standard Plan 104 a & 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, 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. The proposed guardrail along the street side of the 6' headwall located
just north of Lot 1.4 shall be designed in accordance with the California.
Building Code §101.3 Guards and 1607.7.3 Vehicle Barrier Systems.
PAGE 33 OF RESOLUTION NO. 28 -2014
It The applicant shall provide for the installation of R1 =1 Stop signs and
appropriate pavement legends and markings at the eastbound and
northbound approaches to the Midland Way / Westridge Avenue
intersection, as determined appropriate by the Engineering and
Transportation Divisions.
1.2. The applicant shall be required to install a W53(CA) Not a Througli Street
sign at the westbound approach, as determined appropriate by the
Engineering and Transportation Divisions.
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. 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.
5. Any portion of the drainage system that conveys runoff from public
streets shall be installed within. a dedicated drainage easement or public
street.
h. 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.
T 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
improvernents.
PACE 34 OF RESOLUTION NO. 28-2014
8. 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.
Join utility poles shall not be used.
9, 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.
* 10. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. MISCEI..LANEC IUS
* 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
PAGE 35 OF RESOLUTION NO. 28 -2014
from. any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the 'd'own'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 (HOA), Geologic Hazard Abatement
District (CHAD), or similar instrument found to be acceptable by the
Town, shall be responsible for maintenance of all common landscape
areas and common fencing. If an HOA is formed, draft project CC &Rs
shall be submitted to the Planning Division and City Attorney for review
and approval a minimum of 45 days prior to recordation of the final map.
An HOA shall be required to be formed for the project unless the
developer can show, to the satisfaction of the Town, that the duties
typically handled by the HOA can be adequately handled by the GRAD
or other similar instrument. In determining the adequacy of the CHAD or
other sirnila.r instrument, emphasis shall be placed on the need to provide
for a local arid. accessible representative that residents of the neighborhood
can readily contact in the event that maintenance issues arise.
'5: A Geologic Hazard Abatement District (GRAD) shall be established or the
project, shall annex into an existing GRAD. The GRAD shall finance the
prevention, mitigation, abatement, or control or any current or future geologic
hazard that threatens impro'aernents on the property. Said GE-IAD shall be
established according to Public Resources Code. §26500 et seq. The approximately
99 acres of permanent open space created as part of this project shall be
maintained by the is HAD. The CHAD shall be responsible for maintenance and
upkeep of the detention basin and other storniWater pollution control and
hydrorriodif?catiorr ficcility constructed as part of the project,
6. The project is in. the San Ramon Creek watershed. The project shall
rn.iti.gate the impact of additional. stormwater runoff draining to San
Ramon. Creek by either of the following methods:
a. Remove 1 cubic yard of channel excavation material from the
inadequate portion of Sari 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 applicant at
his own cost. The site selection, land rights, and construction
staking:; will be performed by the FC District,
PAGE 36 OF RESOLUTION NO. 28-2014
OR, upon written request by the applicant:
b, Provide for a cash payment in lieu of actual excavation and
removal of material from the inadequate portion of San Ramon
Creek. The cash 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 the FC District's standard
impervious surface area ordinance. The FC District will use these
funds to work on San Ramon Creek annually.
7. The applicant shall submit a final storm.water control plan for review and
approval by the Town prior to recordation of the final map.
& Prior to recordation of the final map, the project applicant shall prepare and
submit a. detailed Operation and Maintenance Agreement to the Development
and Services Department for review; and approval. The Operation and
Maintenance Agreement shall identify the maintenance and ficnding for proposed
storm water management futures at the project site (i.e., bio- retention facility,
storm zt)ater detention basin). All features shall be maintained and funded by the
local homeoumers' association (HOA.)' GHAD, or other instrument determined to
be acceptable to the Toznn. The maintenance protocols shall address both routine
and non-routine maintenance activities and shall explicitly identify monitoring
and reporting requirernents. These protocols shall include an estimate of annual
monitoring and maintenance costs.
k 9. Use of a private gated entrance is expressly prohibited.
"10, As a part of the issuance of a demolition permit and /or building; permit
for the project, the applicant shall submit a recycling plan for building and
construction materials and the disposal of green waste generated from
]arid 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 arid the
construction of new buildings were /are being recycled according to their
recycling plan or in an equivalent manner.
12. The project shall conform to the Regional Water Quality Control Board
post - construction C.3 regulations whicti shall be designed and engineered
PAGE 37 OF RESOLUTION NO. 28 -2014
to integrate into the project's overall site, architectural, landscaping and
improvement plans. 'These recluirements are contained in the project's
Stormwater Control Plan and are to be implemented as follows:
a. Prior to issuance of permits for building, site improvements, or
Landscaping, the permit application shall. be consistent with the
applicant's approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in
the approved plan. The permit application shall include a
completed Construction Plan C.3 Checklist as described in the
Town's Stormwater C3 Guidebook.
b. 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.
C. 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.
d. Prior to building perrn:it final and issuance of a. Certificate of
Occupancy, the applicant shall. submit, for the "T'own's review and
approval, a Stormwater BMP Operation and Maintenance Plan. in
accordance with the Town of Danville guidelines. Guidelines for
the preparation of Stormwater BMP Operation and Maintenance
Plans are in Appendix F of the Town's Stormwater C.3 Guidebook.
1.3.
The project shall conform to the Towns ln.clusionary Housing for
Affordable Residential Housing Ordinance. The applicant shall assure the
provision of at least two 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, being rented at a rent rate making there
PAGE 38 OF RESOLUTION NO. 28-2014
affordable to low income households. The development of the units and
the provisions providing for tenant occupancy of the 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 the Contra
Costa County Recorder in accordance with the Town's Second 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 Town's Second
Dwelling Unit Ordinance and State Law.
APPROVED by the Danville Town Council at a regular meeting on April 1, 2014, by the
following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAINED: None
ABSENT: None
MAYOR
APPROVED AS TO FORM:
l dr.
..........
CITY ATTORNEY
ATTEST
PAGE 39 OF RESOLUTION NO. 28-2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MITIGATION MONITORING AND REPORTING PROGRAM
MITIGATION MONITORING REQUIREMENTS AND PROCEDURES
The California Environmental Quality Act (CEQA) was amended in 1989 to add Section 21081.6, which
requires a public agency to adopt a monitoring and reporting program for assessing and ensuring compliance
with any required mitigation measures applied to a proposed development. As stated in Section 21081.6 of
the Public Resources Code,
thepublic agency shall adopt a reporting or monitoringprogram for the changer to the project which it has
adopted, or made a condition of project approval, in order to mitigate or avoid significant ffects on the
environment. "
Section 21081.6 provides general guidelines for implementing mitigation monitoring programs and indicates
that specific reporting and /or monitoring requirements, to be enforced during project implementation, shall
be defined prior to final certification of the EIR.
The mitigation monitoring table below lists those mitigation measures that may be included as conditions of
approval for the project. To ensure that the mitigation measures are properly implemented, a monitoring
program has been devised which identifies the timing and responsibility for monitoring each measure. The
developer will have the primary responsibility for implementing the measures, and the various Town of
Danville departments and Divisions will have the primary responsibility for monitoring and reporting the
implementation of the mitigation measures.
MMRP -1 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
March 2014 MMRP -2
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
4.1 Aesthetics
4.1 -3 Implement Mitigation Dleasure 4.4 -13a.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Arborist
of Grading or
Onsite Inspection
Building Permits;
Separate Submittal —
During Project
During Project
Applicant to Provide
Proof Payment
4.2 Agricultural Resources
The proposed project would not result in significant adverse impacts related to agricultural resources. No mitigation is required.
4.3 Air Quality
4.3 -1a Prior to issuance of any Grading Permit, the Chief Building
Town of Danville (Building,
Prior to Issuance
Plan Check
Official and City Engineer shall confirm that the Grading
Engineering, and Planning
of Grading
Plan, Building Plans, and specifications stipulate that the
Divisions)
Permit
following basic construction mitigation measures shall be
implemented for all construction projects:
• All exposed surfaces (e.g., parking areas, staging
areas, soil piles, graded areas, and unpaved access
roads) shall be watered two times per day.
• All haul trucks transporting soil, sand, or other
loose material off -site shall be covered.
• All visible mud or dirt track -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.
• All vehicle speeds on unpaved roads shall be
limited to 15 mph.
• All roadways, 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.
March 2014 MMRP -2
Podvo Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -3 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
• Idling times shall be minimized either by shutting
equipment off when not in use or reducing the
maximum idling time to 5 minutes (as required by
the California airborne toxics control measure Title
13, Section 2485 of California Code of Regulations
[CCR]). Clear signage shall be provided for
construction workers at all access points.
• All construction equipment shall be maintained
and properly tuned in accordance with
manufacturer's specifications. All equipment shall
be checked by a certified visible emissions
evaluator.
• Post a publicly visible sign with the telephone
number and person to contact at the lead agency
regarding dust complaints. This person shall
respond and take corrective action within 48
hours. The BAAQMD's phone number shall also
be visible to ensure compliance with applicable
regulations.
4.3 -1b Prior to any demolition activities, the Chief Building
Town of Danville (Chief
Prior to
Plan Check
Official shall confirm that the demolition plans and
Building Official)
Demolition
specifications stipulate that demolition activities comply
Activities of
with BAAQMD Regulation 11, Rule 2: Asbestos
Onsite Structures
Demolition, Renovation, and Manufacturing.
4.3 -1c Prior to issuance of any construction activities, the Town
Town of Danville (Chief
Prior to Issuance
Plan Check
shall confirm that construction phases (e.g., grading, paving,
Building Official and City
of a Grading
building, etc.) do not overlap.
Engineer)
Permit or
Building Permit
MMRP -3 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
(
March 2014 MMRP -4
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
4.4 Biological Resources
4.4 -2 Mitigation measures for impacts on the California red-
Project Contractor; Qualified
Prior to Start of
Plan Check
legged frog, western pond turtle, burrowing owl, and
Biologist; Project Applicant;
Construction
Onsite Inspection
American badger are discussed in sections 4.4 -3, 4.4 -4, 4.4-
Town of Danville Planning
Separate Submittal -
5, 4.4 -7, and 4.4 -8, respectively.
Division; Qualified Arborist
reports, studies, plans
Other Agency /Permit
Approval
4.4 -3a The following measures would minimize direct and
Project Contractor; Qualified
Prior to Start of
Onsite Inspection
indirect impacts on California red - legged frogs.
Biologist
Construction;
Separate Submittal -
1. Prior to the start of construction, a qualified
During Project
reports, studies, plans
biologist shall train all project staff regarding
Grading and all
habitat sensitivity, identification of special status
Construction
species, and required practices. The training shall
Activities
include the general measures that are being
implemented to conserve these species as they
relate to the project, the penalties for non-
compliance, and the boundaries of the project
area. A fact sheet or other supporting materials
containing this information shall be prepared and
distributed. Upon completion of training,
employees shall sign a form stating that they
attended the training and understand all the
conservation and protection measures.
2. A qualified biologist shall survey the project site
prior to, and be present to monitor, construction
activities during any initial ground disturbance or
vegetation clearing or other periods during
construction, as necessary. The biologist shall
capture and relocate any California red - legged
frogs that are discovered during the surveys or
construction monitoring. Any individuals that are
March 2014 MMRP -4
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
captured shall be held for the minimum amount
of time necessary to release them to suitable
habitat outside of the work area.
3. A qualified biologist shall stake and flag exclusion
zones around all known locations of CRLF
breeding and upland refugia areas in the
construction zone. These areas shall be avoided
during construction activities to the maximum
extent practicable. All construction areas shall be
flagged, and all activity shall be confined to these
areas.
4. If a CRLF is encountered during construction
work, activities shall cease until the animal is
removed and relocated by a qualified biologist.
5. Construction activities shall be limited to the
period from May 1 through October 31.
6. Permanent and temporary construction
disturbances and other types of project - related
disturbances to CRLF habitat shall be minimized
to the maximum extent practicable and confined
to the project site. To minimize temporary
disturbances, all project- related vehicle traffic
shall be restricted to established roads,
construction areas, designated cross - country
routes, and other designated areas. These areas
shall also be included in preconstruction surveys
and, to the maximum extent possible, should be
established in locations disturbed by previous
activities to prevent further adverse effects.
Sensitive habitat areas shall be delineated with
high visibility flagging or fencing to prevent
encroachment of construction personnel and
equipment into any sensitive areas during project
MMRP -5 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
work activities. At no time shall equipment or
personnel be allowed to adversely affect areas
outside the project site without authorization
from the USF vVS.
7. Because dusk and dawn are often the times when
CRLF are most actively foraging and dispersing,
all construction activities should cease one half
hour before sunset and shall not begin prior to
one half hour before sunrise.
4.4 -3b A Mitigation and Monitoring Plan shall be prepared for the
Project Applicant; Qualified
Prior to Issuance
Onsite Inspection
explicit purpose of managing the open space area. This
Biologist; Town of Danville
of Grading or
Separate Submittal -
plan shall be submitted to the Town of Danville for review
Planning Division
Building Permits;
reports, studies, plans
and approval. At a minimum this plan shall:
Post-
• Identify the location of the restoration efforts for
Construction
replacing jurisdictional waters. The replacement
ratio for jurisdictional waters shall be at a
minimum of a 1:1 ratio.
• Identify the approaches to be used such as to
what extent should the onsite ponds be expanded,
define any reconfiguring of the ponds bottom and
increase in depth, provide evidence that sufficient
water budget exists for any proposed
enhancement.
• Identify a suitable planting regime for restoring or
enhancing wetland and riparian habitats.
• Identify success criteria for monitoring both the
wetland and riparian habitats that are consistent
with similar habitats regionally.
• Monitor restored or enhanced wetland habitats
for at least five years and restored or enhanced
riparian habitats for five years.
March 2014 MMRP -6
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -7 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
• Define and identify 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, removal of trash.
• Define and provide for a financial mechanism
such as a non- wasting endowment or an
assessment district that funds the management of
the open space into perpetuity.
4.4 -3c Implement Mitigation Measure 4.4 -10a through 4.4 -10c
Project Applicant; Project
Prior to Issuance
Plan Check
(compensation measures for impacts on waters of the
Contractor; Qualified
of Grading or
Onsite Inspection
U.S.).
Biologist; Town of Danville
Building Permits;
Other Agency
Planning Division; U.S.
During Project
Perm it /Approval
Army Corps of Engineers;
Grading and
California Dept. of Fish and
Construction
Separate Submittal —
Wildlife; San Francisco
Activities
reports, studies, plans
Regional Water Quality
Control Board
4.4 -4a Implementation of Mitigation Measures 4.4 -3a through
Project Applicant; Project
Prior to Issuance
Onsite Inspection
4.4 -3c.
Contractor, Qualified
of Grading or
Separate Submittal -
Biologist; Town of Danville
Building Permits;
reports, studies, plans
Planning Division
During Project
Grading and
Construction
Activities
4.4 -4b The following measures specific to western pond turtles
Project Contractor; Qualified
Prior to Start of
Onsite Inspection
(WPT) shall be implemented:
Biologist
Construction;
• Pre - construction surveys shall be conducted to
During Project
ensure that WPT are absent from the
Grading and
MMRP -7 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
March 2014 MMRP -8
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
construction area. If WPT are present, a qualified
Construction
biologist possessing all necessary permits should
Activities
relocate them.
• Immediately following the pre - construction
surveys, the construction zone shall be cleared,
and silt fencing should be erected and maintained
around construction zones to prevent WPT from
moving into these areas.
• A biological monitor shall be present onsite
during particular times of construction to ensure
no WPT are harmed, injured, or killed during
project buildout.
4.4 -5a Implementation of Mitigation 1\leasures 4.4 -3a through
Project Applicant; Qualified
Prior to Issuance
Onsite Inspection
4.4 -3c.
Biologist; Town of Danville
of Grading or
Other Agency
Planning Division
Building Permits;
Permit /Approval, if
During Project
Necessary
Grading and
Separate Submittal -
Construction
reports, studies, plans
Activities
4.4 -5b The following measures specific to Alameda whipsnake
Project Contractor; Town of
Prior to Start of
Onsite Inspection
shall be implemented:
Danville Planning Division;
Construction;
Other Agency
• Pre - construction surveys shall be conducted to
Qualified Biologist
During Project
Permit /Approval, if
ensure that Alameda whipsnake are absent from
Grading and
Necessary
the construction area. If Alameda whipsnake are
P
Construction
Separate Submittal -
present, a qualified biologist possessing all
Activities
reports, studies, plans
necessary permits should relocate them.
• Immediately following the pre - construction
surveys, the construction zone shall be cleared,
and silt fencing should be erected and maintained
around construction zones to prevent Alameda
whipsnake from moving into these areas.
March 2014 MMRP -8
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
• A biological monitor shall be present onsite
during particular times of construction to ensure
no Alameda whipsnake are harmed, injured, or
killed during project buildout.
4.4 -6 To the maximum extent practicable, trees planned for
Project Contractor; Town of
Prior to Start of
Onsite Inspection
removal shall be removed during the non - breeding season
Danville Planning Division;
Construction;
Other Agency
(September 1 through January 31). If it is not possible to
Qualified Biologist
During Project
Permit /Approval, if
avoid tree removal or other disturbances during the
Grading and
Necessary
breeding season (February 1 through August 31), a
Construction
Separate Submittal -
qualified biologist shall conduct a pre - construction survey
Activities
reports, studies, plans
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
within 250 ft. 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 (i�Iay 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 (up to 250 ft.) 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.
MMRP -9 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
V 1
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
4.4 -7 In order to avoid impacts on active burrowing owl nests, a
Project Contractor; Town of
30 Days Prior to
Onsite Inspection
qualified biologist shall conduct pre - construction surveys
Danville Planning Division;
Construction
Other Agency
for burrowing owls within the construction footprint and
Qualified Biologist
Activities; During
Permit /Approval, if
within 250 feet of the footprint no more than 30 days prior
Project Grading
Necessary
to the onset of ground disturbance. These surveys shall be
and Construction
Separate Submittal -
conducted in a manner consistent with accepted burrowing
Activities
reports, studies, plans
owl survey protocols. 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 necessary 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 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 shall be enclosed with temporary
fencing, and construction equipment and workers shall not
enter the enclosed setback areas. 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. After the
breeding season, passive relocation of any remaining owls
may take place as described above.
4.4 -8 Pre - construction surveys conducted for burrowing owls
Project Contractor; Town of
30 Days Prior to
Onsite Inspection
shall also be used to determine the presence or absence of
Danville Planning Division;
Construction;
badgers in the development footprint. If an active badger
Qualified Biologist
During Project
den is identified during pre - construction surveys within or
Grading and
immediately adjacent to the construction envelope, a
Construction
March 2014 MMRP -10
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
construction -free buffer of up to 300 ft. (or distance
Activities
specified by the resource agencies, i.e., CDFNV) shall be
established around the den. Because badgers are known to
use multiple burrows in a breeding burrow complex, a
biological monitor shall be present onsite during
construction activities to ensure the buffer is adequate to
avoid direct impact on individuals or dem abandonment.
The monitor would be necessary 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.
4.4 -10a The project applicant shall implement avoidance,
Project Contractor; Town of
Prior to Issuance
Plan Check
minimization, and /or compensation measures to reduce
Danville Planning Division;
of Grading or
Onsite Inspection
impacts on jurisdictional waters and riparian habitats to a
Qualified Biologist
Building Permits;
Other Agency
less than significant level.
During Project
Permit /Approval
Avoidance. The preferred method of mitigation would
ran
Grading and
g
Construction
Separate Submittal -
be avoidance of all waters of the U.S. and State by
Activities
reports, studies, plans
designing the project so that it avoids the placement of
fill within potential jurisdictional waters and impacts on
riparian habitat.
The proposed project has been designed to avoid all
but approximately 288 linear feet, totaling 0.03 acres, of
upland seasonal channels and associated riparian
vegetation. Riparian woodland habitat associated with
higher order drainages on the site have been avoided.
Additionally, to avoid the site's steeper slopes, the
proposed project is confined to the flatter area at the
east end of the site, which requires some fill of
ephemeral drainages in these areas.
Nfinimization. Because full avoidance is not possible,
actions shall be taken to minimize impacts on aquatic
MMRP -11 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
and riparian habitats. Measures taken during
construction activities shall include placing construction
fencing around the aquatic features or riparian areas to
be preserved to ensure that construction activities do
not inadvertently impact these areas.
As part of project build -out, all proposed lighting shall
be designed to avoid light and glare impacts on the
riparian corridors to be avoided. Light sources shall not
be visible from riparian areas and shall not illuminate
riparian areas or cause glare on the opposite side of the
channels (e.g., to neighboring properties). Additionally,
proposed development activities shall be designed and
situated to avoid the loss of trees within any riparian
areas to the maximum extent practicable.
Mitigation. Because impacts to the ephemeral drainages
at the east end of the site cannot be avoided, an onsite
habitat mitigation and monitoring plan shall be
developed to mitigate for impacts on these features. It
is expected that all mitigation measures can be
accommodated within the approximately 100 acres of
the site that are proposed for preservation as open
space. If the preserved area cannot fully accommodate
the mitigation measures, then offsite restoration shall be
implemented.
Mitigation measures shall either result in the creation of
new habitat as replacement for habitat lost or enhance
the quality of existing habitat for native plants and
wildlife. Mitigation measures shall include replacement
of riparian and aquatic habitat at a replacement -to -loss
ratio of up to 3:1 for permanent acreage impacts (up to
three acres created for each acre permanently impacted)
as well as reseeding or replanting of vegetation in
temporarily disturbed areas according to a site-specific
March 2014 MMRP -12
it Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
mitigation plan. At a minimum, this plan shall identify
mitigation areas, a planting plan, site maintenance
activities, success criteria, and remedial measures to
compensate for lack of success.
The mitigation goal shall be to create and enhance
riparian or aquatic habitats with habitat functions and
values greater than or equal to those existing in the
impact zone. This could include enhancing the wetland
ponds and associated seasonal drainage and tributaries
to increase their wetland and riparian value, which
would benefit native wildlife in the region, such as
CRLF (see Impact discussion 4.4 -3).
A detailed monitoring plan, including specific success
criteria, shall be developed and submitted to permitting
agencies during the permit process. The mitigation area
shall be monitored in accordance with the plan
approved by those permitting agencies. The basic
components of the monitoring plan consist of final
success criteria, performance criteria, monitoring
methods, data analysis, as -built plans, monitoring
schedule, contingency /remedial measures, and
reporting requirements.
4.4 -10b A Habitat Mitigation and 1\1onitoring Plan shall be
Project Applicant; Qualified
Prior to Issuance
Onsite Inspection /
prepared that at a minimum:
Biologist
of Grading or
Post - Construction
• Defines the location of all restoration /creation
Building Permits'
Separate Submittal -
activities;
Post-
reports, studies, plans
• Provides evidence of suitable water availability
Construction
(e.g., from precipitation and surface runoff) to
support any created wetland and riparian habitats;
• Identifies the species, amount and location of
plants to be installed;
I Identifies time of year for planting and method
MMRP -13 March 2014
Podva Properly Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
for supplemental watering during the
establishment period;
• Identifies the monitoring period which should be
not less than five years for wetland restoration
and not less than five years for riparian
restoration, defines success criteria that shall be
required for the wetland restoration to be deemed
a success;
• Identifies adaptive management procedures that
accommodate the uncertainty that comes with
restoration projects. These include (but not
limited to) measures to address colonization by
invasive species, unexpected lack of water,
excessive foraging of installed wetland plants by
native wildlife; etc.;
• Defines management and maintenance activities
(weeding of invasive, providing for supplemental
water, repair of water delivery systems, etc.); and,
• Provides for surety in funding the monitoring and
ensuring that the created wetland and riparian
habitats fall within lands to be preserved and
managed into perpetuity.
4.4 -10c The project applicant shall comply with all state and federal
Project Contractor; Town of
Prior to Issuance
Onsite Inspection
regulations related to construction work that would impact
Danville Planning Division;
of Grading or
Other Agency
aquatic habitats occurring on the site. The project applicant
U.S. Army Corps of
Building Permits;
Permit /Approval
shall be required to obtain a Section 404 Clean Water Act
Engineers; San Francisco
During
permit from the USACE, Section 401 Water Quality
Bay Regional Water Quality
Construction
Certification from the RWQCB, and Section 1600
Control Board; California
Streambed Alteration Agreement from the CDFW prior to
Dept. of Fish and Wildlife
initiating any construction within these habitats. A qualified
biologist shall be present onsite during the filing of features
considered jurisdictional by these agencies.
March 2014 MMRP -14
Podva Properly Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
4.4 -13a To compensate for the proposed removal of 24 trees, the
Project Applicant; Qualified
Post-
Plan Check
project applicant would be required to implement the
Arborist
Construction /
Onsite Inspection
following measures:
During Project
Separate Submittal —
1. The project applicant's Consulting Arborist shall
Landsca i
n p g
Applicant to Provide
calculate the total inches of diameter of protected
Proof of Payment
trees to be removed, as of the date of the grading
permit application (the "Total Inches "), and
submit that calculation to the Town. The project
applicant shall be required to replace the 14
Town- protected trees to be removed with a
number and size of oak trees equal to the total
inches of the diameter of the trees to be removed.
The required tree mitigation planting shall be in
addition to the street trees otherwise required to
be planted as part of the project's landscape plan.
2. It is currently estimated that all mitigation oak
trees can be accommodated onsite. These trees
shall be 24 -inch box size trees, which shall receive
a credit of two- inches per tree toward the total
mitigation planting requirement.
3. Tree Preservation Ordinance Section 32.79.9(h)
sets forth requirements for preservation of Town
"Protected" trees on the project site that would
not be removed for the project, but might be
affected by the construction process. The
ordinance requires payment of security to the
extent that the project sponsor proposes
construction work that would occur within the
dripline of a protected tree intended to be
preserved. The current calculated value of these
trees is $200,950.
MMRP -15 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
4.4 -13b To compensate for the proposed removal of the ten non-
Project Applicant
Prior to Issuance
Plan Check
protected non - heritage trees the project applicant shall be
of Grading or
Onsite Inspection
required to replace the ten trees at 1:1 replacement ratio.
Building Permits;
During
Construction
4.4 -13c The following recommendations will help reduce impacts
Project Contractor; Qualified
Prior to Issuance
Plan Check
to trees from development and maintain and improve their
Arborist, Town of Danville
of Grading or
Onsite Inspection
health and vitality through the clearing, grading and
Planning Division
Building Permits;
Separate Submittal —
construction phases.
During
reports, studies, plans
1. Any changes to the plans affecting the trees shall
Construction
be reviewed by the Consulting Arborist with
regard to tree impacts. These include, but are not
limited to, demolition plans, site plans,
improvement plans, utility and drainage plans,
grading plans, and landscape and irrigation plans.
2. Have the vertical and horizontal locations of the
24 trees, as identified in the Arborist Report, Podva
Property% Danville, CA, prepared by HortScience on
October 14, 2013, established and plotted on all
plans. Once trunk locations are plotted on plans
and reviewed by the Consulting Arborist, impacts
on individual trees can be assessed and tree
protection zones for those trees identified for
preservation can be established.
3. A tree protection zone shall be established around
each tree to be preserved. No grading, excavation,
construction or storage of materials shall occur
within that zone. However, up to 12 inches of fill
may be placed around the trunks of trees. Trees
not listed below shall have the tree protection
zones established as one foot behind the edge of
grading. The tree protection zones for all other
trees are as follows:
March 2014 MMRP -16
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -17 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
Number
Species
Diameter
Zone
143
Valley Oak
21
Dripline in all directions
144
Valley Oak
47
Dripline in all directions
171
Valley Oak
36
Dripline in all directions
172
valley Oak
7
Dripline in all directions
176
Valley Oak
15
Dripline in all directions
179
Valley Oak
18
Dripline in all directions
185
Valley Oak
44
Dripline in all directions
186
Coast Live
Ok
14
Dripline in all directions
187
Valley Oak
20
Dripline in all directions
188
Valley Oak
21
Dripline in all directions
192
Valley Oak
56
35' SW, 20'% dripline in
all other directions
4. Underground services including utilities, sub -
drains, water or sewer shall be routed around the
tree protection zone. Where encroachment
cannot be avoided, special construction
techniques such as hand digging or tunneling
under roots shall be employed where necessary to
minimize root injury.
5. Tree Preservation Notes, prepared by the
Consulting Arborist, shall be included on all
plans.
6. Irrigation systems shall be designed so that no
trenching would occur within the tree protection
zone.
7. Any herbicides placed under paving materials
must be safe for use around trees and labeled for
that use.
MMRP -17 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
8. Do not lime within 50' of any tree to be
preserved. Lime is toxic to tree roots.
4.4 -13d Pre - construction treatments and recommendations:
Project Contractor(s);
Prior to
Onsite Inspection
1. The demolition contractor and construction
Qualified Arborist, Town of
Demolition,
superintendent shall meet with the Consulting
Danville Planning Division
issuance of
Arborist before beginning work to discuss work
grading permits,
procedures and tree protection.
or Construction
2. Install tree protection around the trunk of trees
Activities; During
Construction
along the property* line of Lots 1, 2, 3, 19, 20 and
Parcel A. Tree protection shall consist of either
hay bales stacked 6 -foot high or rolls of erosion
control material wrapped around the tree trunks.
Hay bales and rolls will be more effective at
protecting the trunk from impacts from
equipment than fencing. For all other trees,
install fencing enclose the tree protection zone
prior to demolition, grubbing or grading. Fences
shall be 6 ft. chain link or equivalent as approved
by the Town. Fences are to remain until all
grading and construction is completed_
3. Locate and stake the property line as well as the
proposed location of both the V -ditch and
retaining wall prior to the start of demolition.
Following staking, the Consulting Arborist will
review tree protection and construction
procedures with the project superintendent.
4. Remove the existing wire fencing by hand.
Remove attachments to tree trunks by hand.
5. Tree pruning may be required to clean the crown
and to provide construction clearance. All
pruning shall be done by a State of California
Licensed Tree Contractor (C61/1349). All pruning
March 2014 MMRP -18
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
shall be done by Certified Arborist or Certified
Tree Worker in accordance with the Best
Management Practices for Pruning (International
Society of Arboriculture, 2002) and adhere to the
most recent editions of the American National
Standard for Tree Care Operations (2133.1) and
Pruning (A300). Brush shall be chipped and
spread beneath the trees within the tree
protection zone.
6. Structures and underground features to be
removed within the tree protection zone shall use
the smallest equipment, and operate from outside
the tree protection zone. The Consulting Arborist
shall be onsite during all operations within the
tree protection zone to monitor demolition
activity.
4.4 -13e Recommendations for tree protection during construction:
Project Contractor(s);
Prior to
Onsite Inspection
1. Prior to beginning work, all contractors working
Qualified Arborist, Town of
Demolition,
in the vicinity of trees to be preserved shall meet
Danville Planning Division
issuance of a
with the Consulting Arborist at the site to review
grading permit or
all work procedures, access routes, storage areas
Construction
and tree protection measures.
Activities; During
2. Where the retaining wall or V -ditch comes within
Construction
3' of the trunk, excavate by hand for a distance of
5' on either side of the trunk.
3. Any grading, construction, demolition or other
work that is expected to encounter tree roots shall
be monitored by the Consulting Arborist.
4. No grading, construction, or demolition shall
occur within the tree protection zone. Up to 12
inches of fill may be placed around the trunks of
the trees. Any modifications must be approved
MMRP -19 March 2014
Podva Properly Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
and monitored by the Consulting Arborist.
5. Fences shall be erected to protect trees to be
preserved. Fences define a specific tree protection
zone for each tree or group of trees. Fences are to
remain until all site work has been completed.
Fences may not be relocated or removed without
permission of the Consulting Arborist.
6. Construction trailers, traffic and storage areas
shall remain outside fenced areas at all times.
7. Prior to grading, pad preparation, excavation for
foundations /footings /walls, trenching, trees may
require root pruning outside the tree protection
zone by cutting all roots cleanly to the depth of
the excavation. Roots shall be cut by manually
digging a trench and cutting exposed roots with a
saw, vibrating knife, rock saw, or other approved
root pruning equipment. The Consulting Arborist
shall identify where root pruning is required and
monitor all root pruning.
8. All underground utilities, drain lines, or irrigation
lines shall be routed outside the tree protection
zone. If lines must traverse through the
protection area, they shall be tunneled or bored
under the tree as directed by the Consulting
Arborist.
9. Supplemental irrigation may be required and shall
be specified by the Consulting Arborist.
10. If injury should occur to any tree during
construction, it should be evaluated as soon as
possible by the Consulting Arborist so that
appropriate treatments can be applied.
March 2014 MMRP -20
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -21 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
11. No excess soil, chemicals, debris, equipment or
other materials shall be dumped or stored within
the tree protection zone.
12. Any additional tree pruning needed for clearance
during construction shall be performed by a
Certified Arborist and not by construction
personnel.
4.4 -13f Maintenance of impacted trees:
Qualified Arbotist; Town of
Post-
Onsite Inspection
Preserved trees will experience a physical environment
Danville Planning Division
Construction
different from that of pre - development. As a result, tree
health and structural stability shall be monitored.
Occasional pruning, fertilization, mulch, pest management,
replanting and irrigation may be required. In addition,
provisions for monitoring both tree health and structural
stability following construction must be made a priority. As
trees age, the likelihood of failure of branches or entire
trees increases. Therefore, annual inspection for hazard
potential is recommended.
4.4 -14 Implementation of Tklitigation Measures 4.4 -2 through 4.4-
Project Applicant; Project
Prior to
Plan Check
13.
Contractor(s); Qualified
Demolition or
Onsite Inspection
Arborist; Qualified Biologist;
Construction
Separate Submittal —
Town of Danville Planning
Activities; Prior
reports, studies, plans
Division; U.S. Army Corps
to Issuance of
of Engineers; California
Grading or
Other Agency
Dept. of Fish and Wildlife;
Building Permits;
Permit /Approval
San Francisco Regional
Water Quality Control Board
During Project
Grading and
Construction
Activities; Post-
Construction
MMRP -21 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
4.5 Cultural Resources
4.5 -2 If subsurface deposits believed to be cultural or human in
Town of Danville Planning
During
Onsite Inspection
origin are discovered during the construction of the
Division; Project Contractor;
Construction and
Other Agency
project, then all work shall halt within a 200 -foot radius of
Qualified Archaeologist
Ground-
Permit /Approval
the discovery. A qualified archaeologist, meeting the
Disturbing
Secretary of the Interior's Qualification Standards for
Activities
prehistoric and historic archaeologist, shall be retained at
the project applicant's expense to evaluate the significance
of the find. Work shall not continue at the discovery site
until the archaeologist conducts sufficient research and
data collection to make a determination that the resource is
either: 1) not cultural in origin; or, 2) not potentially
significant or eligible for listing on the National Register of
Historic Places or the California Register of Historical
Resources.
If a potentially - eligible resource is encountered, then the
archaeologist, lead agency and project applicant shall
arrange for either: 1) total avoidance of the resource, if
possible; or 2) test excavations to evaluate eligibility and, if
eligible, data recovery as mitigation. The determination
shall be formally documented in writing and submitted to
the lead agency and filed with the Northwest Information
Center as verification that the provisions in this mitigation
measure have been met.
If human remains of any kind are found during
construction activities, all activities shall cease immediately
and the Contra Costa County Coroner be notified as
required by state law (Section 7050.5 of the Health and
Safety Code). If the coroner determines the remains to be
of Native American origin, he or she shall notify the
Native American Heritage Commission (NAHC). The
NAHC shall then identify the most likely descendant(s)
1LD to be consulted regarding treatment and /or
March 2014 MMRP -22
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
reburial of the remains (Section 5097.98 of the Public
Resources Code). If an MLD cannot be identified, or the
:GILD fads to make a recommendation regarding the
treatment of the remains within 48 hours after gaining
access to the remains, the Town shall rebury the Native
American human remains and associated grave goods with
appropriate dignity on the property in a location not
subject to further subsurface disturbance. Work can
continue once the 1ILD's recommendations have been
implemented or the remains have been reburied if no
agreement can be reached with the MLD (Section 5097.98
of the Public Resources Code).
4.5 -3 A paleontologist shall monitor initial project ground
Town of Danville Planning
During
Onsite Inspection
disturbing activities at or below five feet from the original
Division; Project Contractor;
Construction and
Separate Submittal —
ground surface or at any direct exposure of bedrock. A
Qualified Paleontologist
Ground-
reports, studies, plans
sample of alluvium below this soil layer depth shall be
Disturbing
taken for presence- absence testing of microvertebrate
Activities
fossils. Subsequent to the initial monitoring and sediment
sampling, the paleontologist can then determine if further
monitoring, periodic site reviews, or no further monitoring
for paleontological resources is appropriate.
Paleontological monitors shall be empowered to halt
construction activities at the location of a discovery to
review the possible paleontological material and to protect
the resource while it is being evaluated. Monitoring shall
continue until, in the paleontologist's judgment,
paleontological resources are not likely to be discovered.
If paleontological resources are discovered during project
activities, all work within 25 feet of the discovery shall be
redirected until the paleontological monitor has assessed
the situation and made recommendations regarding their
treatment. It is recommended that adverse effects on
paleontological resources be avoided by roject activities.
MMRP -23 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program M1
March 2014 MMRP -24
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
If avoidance is not feasible, the paleontological resources
shall be evaluated for their significance. If the resources are
not significant, avoidance is not necessary. If the resources
are significant, they shall be avoided to ensure no adverse
effects, or such effects must be mitigated.
Upon project completion, a report shall be prepared
documenting the methods and results of monitoring. The
report shall be submitted to the Northwest Information
Center, the Town of Danville, and the project applicant.
4.5 -4 Implement Mitigation Measures 4.5 -2 and 4.5 -3.
Town of Danville Planning
During
Onsite Inspection
Division; Project Contractor;
Construction and
Separate Submittal —
Qualified
Ground-
reports, studies, plans
Archaeologist /Paleontologist
Disturbing
Activities
4.6 Geology and Soils
4.6 -2a A design -level geotechnical engineering investigation shall
Project Applicant; Qualified
Prior to Issuance
Plan Check
be performed prior to the issuance of grading permits for
P P � g P
Geologist; Town of Danville
of Grading
Onsite Inspection
all future development within the project site. The design
Engineering Division
Permits for all
Onsite
Separate Submittal —
and construction of project - related development shall
Future
Development
reports, studies, plans
incorporate the recommendations of the design -level
geotechnical engineering investigation.
4.6 -2b The applicant shall grant the formation of a Geologic
Project Applicant; Town of
Prior to Issuance
Plan Check
Hazard Abatement District GHAD on the proposed
( � p P osed
Danville Engineering
of Grading or
Separate Submittal —
project in order to address long -term remediation and
Division
Building Pits
g ermreports,
studies, plans
repair of landslides, erosion and other geologic hazards.
4.6 -3 Implement Mitigation Measures 4.6 -2a and 4.6 -2b.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Geologist
of Grading
Onsite Inspection
Permits for all
Future Onsite
Separate Submittal —
Development;
reports, studies, plans
Prior to Issuance
of Grading or
March 2014 MMRP -24
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -25 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
Building Permits
4.6 -4 Implement Mitigation Measure 4.6 -2a.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Geologist
of Grading
Onsite Inspection
Permits for all
Future Onsite
Separate Submittal —
Development
reports, studies, plans
4.6 -5 Implement Alitigation Measure 4.6 -2a.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Geologist
of Grading
Onsite Inspection
Permits for all
Future Onsite
Separate Submittal —
Development
reports, studies, plans
4.6 -6 Implement Mitigation Illeasure 4.6 -2a and 4.6 -2b.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Geologist
of Grading
Onsite Inspection
Permits for all
Future Onsite
Separate Submittal —
Development;
reports, studies, plans
Prior to Issuance
of Grading or
Building Permits
4.6 -7 Implement Mitigation Measure 4.6 -2a and 4.6 -2b.
Project Applicant; Qualified
Prior to Issuance
Plan Check
Geologist
of Grading
Onsite Inspection
Permits for all
Future Onsite
Separate Submittal —
Development;
reports, studies, plans
Prior to Issuance
of Grading or
Building Permits
4.7 Greenhouse Gases
The proposed project would not result in significant adverse impacts related to greenhouse gases. No mitigation is required.
MMRP -25 March 2014
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
March 2014 MMRP -26
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
4.8 Hazards and Hazardous Materials
4.8 -1a A qualified Environmental Professional shall be present
Contra Costa Health
During
Onsite Inspection
during the removal of onsite debris located in the
Services (Hazardous
Construction and
southeastern portion of the project site near the steel
Materials Handling); Town
Ground -
outbuilding. If stained soil is present beneath any debris,
of Danville Planning
Disturbing
soil samples shall be collected from the stained soil and
Division; Qualified
Activities
analyzed. The debris shall be removed and, based on the
Environmental Professional
results sample analyses, disposed of in accordance with
(HazMat Consultant)
regulatory requirements.
4.8-lb Prior to demolition activities, an asbestos survey shall be
Contra Costa County Health
Prior to any
Onsite Inspection
conducted by an Asbestos Hazard Emergency Response
Services — Hazardous
Demolition
Act (AHERA) and California Division of Occupational
Materials Program; Town of
Activities
Safety and Health (Cal /OSHA) certified building inspector
Danville Planning Division;
to determine the presence or absence of asbestos
Qualified Environmental
containing - materials (AClIIs). If ACMs are located,
Professional (HazMat
abatement of asbestos shall be completed prior to any
Consultant)
activities that would disturb ACMs or create an airborne
asbestos hazard. Asbestos removal shall be performed by a
State certified asbestos containment contractor in
accordance with the Bay Area Air Quality Management
District (BAAQMD) Regulation 11, Rule 2.
4.8 -1c If paint is separated from building materials (chemically or
Contra Costa County Health
During Project
Onsite Inspection
physically) during demolition of the structures, the paint
Services — Hazardous
Demolition
Separate Submittal —
waste shall be evaluated independently from the building
Materials Program; Town of
Activities
reports, studies, plans
material for lead by a qualified Environmental
Danville Planning Division;
Professional. If lead -based paint is found, abatement shall
Town of Danville
be completed by a qualified Lead Specialist prior to any
Engineering Division
activities that would create lead dust or fume hazard. Lead -
based paint removal and disposal shall be performed in
accordance with California Code of Regulation Title 8,
Section 1532.1, which specifies exposure limits, exposure
monitoring and respiratory protection, and mandates good
March 2014 MMRP -26
Podva Properly Residential Development
Mitigation Monitoring and Reporting Program
MMRP -27 March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
worker practices by workers exposed to lead. Contractors
performing lead -based paint removal shall provide
evidence of abatement activities to the Town Engineer.
4.8 -1d Prior to grading and other construction activities,
Project Contractor; Contra
Prior to any
Onsite Inspection
construction personnel shall be trained to recognize
Costa County Health
Grading or
indications of Underground Storage Tanks (USTs), buried
Services — Hazardous
Construction
debris, and other potential adverse environmental
Materials Program; Town of
Activities
condition which may be discovered on the property. If
Danville Planning Division
unknown wastes or suspect materials are discovered during
construction by the contractor that are believed to involve
hazardous waste or materials, the contractor shall comply
with the following:
• Immediately stop work in the vicinity of the
suspected contaminant, removing workers and
the public from the area.
• Notify the Town Engineer.
• Secure the areas as directed by the Town
Engineer.
• Notify the Contra Costa County Health Services
— Hazardous Materials Programs (CCHS -HMP)
Coordinator.
4.8 -2 Prior to grading permit approval, the project applicant shall
Project Applicant; San
Prior to Issuance
Plan Check
submit an Open Space Management Plan to the San
Ramon Valley Fire
of a Grading
Separate Submittal —
Ramon Valley Fire Protection District and the Town of
Protection District; Town of
Permit
reports, studies, plans
Danville for review and approval. The Open Space
Danville Planning Division
Management Plan shall incorporate all applicable San
Ramon Fire Protection District conditions of approval
related to access, roadway widths, turning radii, fire flow
requirements, fire hydrant locations, and other
requirements to assure access to open space for fire
protection personnel and for fuel modification and
maintenance in perpetuity.
MMRP -27 March 2014
Podva Properly Residential Development
Mitigation Monitoring and Reporting Program
March 2014 MMRP -28
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
4.8 -3 Implement Mitigation Measures 4.8 -1a through 4.8 -1b and
Project Contractor, Project
During
Onsite Inspection
4.8 -2.
Applicant; Contra Costa
Construction and
Plan Check
County Health Services —
Ground -
Separate Submittal —
Hazardous Nlaterials
Disturbing
reports, studies, plans
Program; Town of Danville
Activities; Prior
Planning Division; San
to any
Ramon Valley Fire
Demolition
Protection District
Activities; Prior
to Issuance of a
Grading Permit
4.9 Hydrology and Water Quality
4.9 -1 Prior to recordation of the final map, the project applicant
Project Applicant; Town of
Prior to
Plan Check
shall prepare and submit a detailed Operation and
Danville Planning Division;
Recordation of
Separate Submittal —
Maintenance Agreement to the Development and Services
Homeowners Association or
Final Map
reports, studies, plans
Department for review and approval. The Operation and
Geologic Hazard Abatement
Maintenance Agreement shall identify the maintenance and
District
funding for proposed storm water management features at
the project site (i.e. bio- retention facility, storm water
detention basin). All features shall be maintained and
funded by the local homeowners' association (HOA) or
GHAD. The maintenance protocols shall address both
routine and non - routine maintenance activities and shall
explicitly identify monitoring and reporting requirements.
These protocols shall include an estimate of annual
monitoring and maintenance costs.
4.9 -2 Implement Mitigation Measure 4.9 -1.
Project Applicant; Town of
Prior to
Plan Check
Danville Planning Division;
Recordation of
Separate Submittal —
Homeowners Association or
Final Map
reports, studies, plans
Geologic Hazard Abatement
District
March 2014 MMRP -28
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
MMRP -29 . March 2014
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
4.9 -3 Implement Mitigation Measure 4.9 -1.
Project Applicant; Town of
Prior to
Plan Check
Danville Planning Division;
Recordation of
Separate Submittal —
Homeowners Association or
Final Map
reports, studies, plans
Geologic Hazard Abatement
District
4.9 -4 Implement Alitigation ;Measure 4.9 -1.
Project Applicant; Town of
Prior to
Plan Check
Danville Planning Division;
Recordation of
Separate Submittal —
Homeowners Association or
Final Map
reports, studies, plans
Geologic Hazard Abatement
District
4.9 -5 Implement Mitigation Measure 4.9 -1.
Project Applicant; Town of
Prior to
Plan Check
Danville Planning Division;
Recordation of
Separate Submittal —
Homeowners Association or
Final Map
reports, studies, plans
Geologic Hazard Abatement
District
4.10 Land Use and Planning
The proposed project would not result in significant adverse impacts related to land use and planning. No mitigation is required.
4.11 Noise
4.11 -1a Prior to the issuance of Grading Permits, the Construction
Project Contractor; Town of
Prior to Issuance
Plan Check
Contractor shall demonstrate to the Town of Danville, the
Danville Planning,
of a Grading
Onsite Inspection
following:
Engineering, and Building
Permit
Separate Submittal —
• Construction operations shall be limited to the
Division(s)
reports, studies, plans
hours of 7:30 a.m. to 7:00 p.m. Monday through
Friday and 9:00 a.m. to 7:00 p.m. Saturday,
Sunday, and holidays to comply with the limits of
the Town of Danville Noise Ordinance, Chapter
4- 2.4(d).
• Construction contracts must specify that all
construction equipment, fixed or mobile, must be
equipped with properly operating and maintained
mufflers and other State required noise
MMRP -29 . March 2014
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March 2014 MMRP -30
Timing for
Implementation
Method of
Verification of
Responsible Monitoring
of Mitigation
Verification
Compliance
Mitigation Measure
Agency or Party
Measure
(Date /Initials)
attenuation devices.
• Construction noise reduction methods such as
shutting off idling equipment, maximizing the
distance between construction equipment staging
areas and nearby occupied uses, housing
generators and compressors in acoustical
enclosures, and use of electric air compressors
and similar power tools, rather than diesel
equipment, must be used where feasible.
• During construction, stationary construction
equipment must be placed such that emitted noise
is directed away from sensitive noise receptors.
• All construction entrances must clearly post
construction hours, allowable workdays, and the
phone number of the job superintendent. This
will allow surrounding owners to contact the job
superintendent with concerns. If the contractor
receives a noise- related complaint, appropriate
corrective actions must be implemented and a
report taken indicating the action with a copy of
the report provided to the reporting party upon
request.
4.11 -4 Refer to Mitigation Measure 4.11 -1a.
Project Contractor; Town of
Prior to Issuance
Plan Check
Danville Planning,
of a Grading
Onsite Inspection
Engineering, and Building
Permit
Division(s)
Separate Submittal —
reports, studies, plans
4.11 -5 Refer to Mitigation Measure 4.11 -1a.
Project Contractor; Town of
Prior to Issuance
Plan Check
Danville Planning,
of a Grading
Orsite Inspection
Engineering, and Building
Permit
Division(s)
Separate Submittal —
reports, studies, plans
March 2014 MMRP -30
Podva Property Residential Development
Mitigation Monitoring and Reporting Program
Mitigation Measure
Responsible Monitoring
Agency or Party
Timing for
Implementation
of Mitigation
Measure
Method of
Verification
Verification of
Compliance
(Date /Initials)
4.12 Population and Housing
The proposed project would not result in significant adverse impacts related to population and housing. No mitigation is required.
4.13 Public Services and Utilities
The proposed project would not result in significant adverse impacts related to public services and utilities. No mitigation is required.
4.14 Traffic
The proposed project would not result in significant adverse impacts related to traffic. No mitigation is required.
MMRP -31 March 2014