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RESOLUTION NO. 2010-10
RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
LEG09-0004 AND FINAL DEVELOPMENT PLAN - MINOR
SUBDIVISION REQUEST DEV09-008 (APN: 207-061-036
THROUGH 046 & 207-061-051 - BRADDOCK AND LOGAN)
WHEREAS, BRADDOCK AND LOGAN (Ownerj Applicant) has requested approval of
a Preliminary Development Plan - Rezoning (LEG09-0004) and Final Development Plan
- Minor Subdivision (DEV09-0082) request to rezone the site from P-1; Planned Unit
Development District to a new P-1; Planned Unit Development District and to re-
subdivide a portion of the site, involving 11 existing lots, to create 3 additional lots,
resulting in a total of 26 lots for the project; and
WHEREAS, the project site is contained within the existing 26.7 + j- acre Tassajara Lane
subdivision called Tassajara Estates; and
WHEREAS, the re-subdivision involves existing Lots 8 through 18 on Tamarind Lane,
further identified as Assessor parcel Numbers 207-061-036 through 046 & 207-061-051;
and
WHEREAS, a new P-1; Planned Unit Development District must be created to
amending the zoning for the site to allow for an increase from 23 to 26 lots and a Minor
Subdivision request must be approved prior to recordation of a Parcel Map; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), as mitigated through required project modifications or recommended
mitigation measures included as project conditions of approval, a Mitigated Negative
Declaration of Environmental Significance has been prepared for the project indicating
that no significant adverse environmental impacts are expected to be associated with
this project; and
WHEREAS, the Planning Commission did reVIew the project at a noticed public
hearing on March 30,2010; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Town Council approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Danville Planning Commission recommends the Town Council
adopt the Mitigated Negative Declaration of Environmental Significance and approve
Preliminary Development Plan - Rezoning request LEG09-0004 and Final Development
Plan - Minor Subdivision request DEV09-0082 and makes the following findings in
support of this action:
FINDINGS:
Preliminary Development Plan - Rezoning:
1. The proposed Planned Unit Development Zoning District will substantially
comply with the Danville 2010 General Plan since the proposed use is residential
and the General Plan land use designation allows residential uses.
2. The uses authorized or proposed in the Planned Unit Development Zoning
District are compatible within the district and to uses authorized in adjacent
districts.
3. There is no evidence before the Town that the proposed Planned Unit
Development Zoning District will have potential for an adverse effect on wildlife
resources or the habitat upon which the wildlife depends.
4. The proposed Planned Unit Development Zoning District is in conformance with
the intent and direction of the previously approved Sycamore Valley Specific
-Plan.
5. The Planned Unit Development Zoning District will constitute a residential
environment of sustained desirability and stability, and will be in harmony with
the character of the surrounding existing neighborhood and the ultimate
development planned for the subject area.
Final Development Plan - Minor Subdivision:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2010 General Plan because, in part, the site allows for
residential development of up to one unit per acre.
PAGE 2 OF RESOLUTION NO. 2005-20
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations because the site is being rezoned to a Planned Unit
Development District designation that will direct development to be consistent
with the site's underlying General Plan land use designation (i.e., Residential -
Country Estates - 1 Acre Lot Minimum).
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because all homes within the project
will connect to public water and sanitary sewer service. In addition, drainage
from the site will be handle by exiting storm drain facilities which are design to
handle the stormwater run-off from the site; and
4. 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 because this project will result in three additional lots in a
previously approved subdivision and will result in an over reduction of run-off
from the site.
5. 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.
6. On February 15, 2005, the Regional Water Quality Control Board (RWQCB)
adopted stormwater regulations, commonly referred to as "C.3." The original
subdivision (SD 8389) on the subject site was not subject to the new C.3.
regulations because the project had already been approved. However, in order to
receive the Water Quality Certification from the RWQCB, the developer was
required to build stormwater treatment control facilities on the project site. The
improvements were designed and built to the 2005 California Stormwater
Quality Associations (CASQW A) Best Management Practice Handbook.
7. The RWQCB also reviewed and approved a Stormwater Control Plan (dated
9/29/05) for subdivision SD 8389. The impervious area used to design the
stormwater treatment facilities on the site exceeded the amount of impervious
area for the current project site plan. In 2008, the developer revised the lot lay
out (MS 856-08) to add one additional lot and again in 2010 (851-09) to add three
more lots - both of these revisions include less impervious area than that
anticipated by the previously approved Stormwater Control Plan for SD 8389.
8. The project Declaration of Covenants, Conditions and Restrictions (CC&Rs) of
Tassajara Lane for SD 8389 which include an Operation and Maintenance Plan
PAGE 3 OF RESOLUTION NO. 2010-10
have previously been recorded. The obligation for maintenance of the
stormwater treatment facilities will be added to the new lots through there
incorporation into the homeowners association.
9. The developer and the HOA have an existing Operation and Maintenance
(O&M) agreement for the stormwater treatment facilities that was reviewed,
approved by the Regional Water Quality Control Board and recorded. It has also
been incorporated into the project CCRs. Each of the new parcels in this
subdivision will participate in the project O&M agreement.
10. The project is subject to Hydrograph Modification Management Plan regulations,
However, the C.3. regulations currently in effect exempt the project under
condition #1 of the C.3. Guidebook, 4th Edition since the project contains less
impervious area than the previous project, thus creating no. additional run-off as
a result of the new project.
CONDITION OF APPROVAL:
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the final map for the project. 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
(LEG09-0004) and Final Development Plan - Minor Subdivision request
(DEV09-0082). Collectively, these approvals serve to rezone the site from
P-1; Planned Unit Development District to a new P-1; Planned Unit
Development District and to re-subdivide a portion of the site, involving
11 existing lots, to create 14 reconfigured lots (three net new lots),
resulting in a total of 26 lots for the project. The site is identified at the
Tassajara Estates development of Tassajara Lane. Development shall be
substantially as shown on the project drawings as follows, except as may
be modified by conditions contained herein;
PAGE 4 OF RESOLUTION NO. 2010-10
a. Tentative Map labeled "Tentative Map Minor Subdivision 852-09/' as
prepared by Braddock and Logan Services Inc. Engineering
Department, consisting of six sheets, dated received by the Planning
Division of November 13, 2009.
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 prior to issuance of said permit and prior to any Town Council final
approval action. Following is an estimate of the applicable fees:
a. Map Check Fee (14 lots) ..........................................$ 4,286.00
b. Improvement Plan Check Fee ...............3% of cost estimate
c. Engineering Inspection Fee ...................5% of cost estimate
d. Grading Plan Check, Permit & Inspection ....................TBD
e. Base Map Revision fee (14 lots adjusted)..............$l,162.00
f. Excavation Mitigation Fee (3 new lots).................$l,290.00
g. Park Land in Lieu Fee (3 new lots) ......................$ 21,154.00
The following fees are due at building permit issuance for the above-
mentioned project:
a. Child Care Facilities Fee........................................$ 335/unit
b. Storm Water Pollution Program Fee .....................$ 47/unit
c. SCC Regional Fee ................................................ $1,182/ unit
d. SCC Sub-Regional Fee........................................ $ 3,263/unit
e. Residential TIP Fee .............................................$ 2,OOO/unit
f. Tri- Valley Transportation Fee ........................... $ 2,181/ unit
g. Finish Grading Inspection Fee ...............................$ 70/unit
3. Prior to recordation of the final map, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $ 632.88 ($105 + 636 notices X $0.83 per notice).
*
4.
Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
PAGE 5 OF RESOLUTION NO. 2010-10
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5. The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $2,010.25. This check shall be made payable to the Contra Costa
County Clerk's Office and shall be submitted to the Town within five days
of project approval.
6.
Construction activity shall be restricted to the period between the weekday hours
of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless othenvise approved in
"writing by the City Engineer for general construction activih} and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the applicant shall install a minimum 3'x3'
sign at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and
all contractors and sub-contractors working on the job.
7.
The applicant shall require contractors and subcontractors to fit all internal
combustion engines with mufflers, which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
8.
A watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as workdays. Dust-
producing activities shall be discontinued during high wind periods.
9.
Planning Division sign-off is required prior to final Building Inspection
sign-off.
10. Except as specifically provided for through this approval, project
development shall be subject to all conditions of approval contained
within previously approved Town Council Resolution No. 27-2003 for
PUD 99-04, Planning Commission Resolution No. 2004-20 for DP2004-14,
and Planning Commission Resolution No. 2009-04 for MS856-08, as
determined by the Town.
B. SITE PLANNING
*
1.
All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties
and rights-of-way.
PAGE 6 OF RESOLUTION NO. 2010-10
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
*
2.
3. Dimensional yard standards for structures developed on lots ill this
development shall be as follows:
Primary front yard setback:
Secondary front yard setback:
Side yard setback:
Aggregate side yard setback:
Rear yard setback:
25 feet
20 feet
Minimum 10 feet
Minimum 25 feet
Minimum 20 feet
4. Unless otherwise approved through a subsequent Land Use Permit
application(s), dimensional yard standards for detached secondary
structures developed on lots in this development shall be as follows:
Primary front yard setback:
Secondary front yard setback:
Side yard setback:
Rear yard setback:
65 feet
15 feet
Minimum 5 feet
Minimum 10 feet
5. A maximum building height of two stories or 28 feet measured from
average finished grade shall be permitted. Structures established on Lot
19 and Parcels A, B, C and D shall observe a maximum building height of
two stories or 24 feet measured from average finished grade, unless
otherwise permitted through a site-specific Development Plan approval.
The minimum front yard setback for garages serving the units on these
three lots may be reduced to 20 feet where the garage is developed with a
side-load design and where a minimum setback of 25 feet is observed for
any second story portion of the residence.
6. Except as otherwise specified in these conditions of approval,
development and use of residential lots shall be governed by the
restrictions of the R-20 zoning district.
C. LANDSCAPING
1. A weed abatement program before, during, and after construction within
100 feet of combustible construction and 30 feet from street and property
PAGE 7 OF RESOLUTION NO. 2010-10
lines shall be maintained. In addition, where development is adjacent to
wild land or open space areas, a separate landscape plan shall be prepared
for vegetation fuel modification and/or buffer zone(s). This plan shall
feature fire resistant and drought tolerant varieties and be submitted for
review and approval by the San Ramon Valley Fire Protection District
prior to the issuance of building permits.
2. The developer shall be required to install front yard landscaping for each
residence within six months of their occupancy. Alternatively, the
individual homeowners may submit a landscape plan, which is of
comparable or superior design and quality, for review and approval by
the Planning Division. Where alternate landscaping is authorized for
installation, front yard landscaping shall be installed within six months of
occupancy of the affected residence. Developer installed front yard
landscaping shall be as generally shown on the plans approved under
Planning Commission Resolution No. 2004-20 as follows: Landscape plans
labeled "Typical Front Yard Landscapes," and "Preliminary Front Yard
Landscapes Enhanced Plan" as prepared by Ripley Design, dated May 7,
2004.
D. ARCHITECTURE
*
1.
All ducts, meters, air conditioning and/ or any other mechanical
equipment whether on the structure or on the ground shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main structures.
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2.
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.
3. Home development within the subdivision shall continue to be consistent
with the previously approved architectural plans as follows:
a. Architectural plans labeled "Tassajara Lane," consisting of 15
pages, as prepared by William Hezmalhalch Architects, Inc., dated
received by the Planning Division on May 12, 2004.
b. Preliminary Architectural Plans for Plan 6 and Plan 7, consisting of
14 sheets, prepared by William Hezmalhalch Architects Inc., dated
December 8, 2008.
PAGE 8 OF RESOLUTION NO. 2010-10
c. Preliminary Architectural Plan for Plan 4 and Plan 5, consisting of
14 sheets, as prepared by William Hezmalhalch Architects Inc.
4. Prior to recordation of the parcel map, the applicant shall submit a revised
plot plans for the project for review and approval by the Town's Design
Review Board. The plot plan shall strive to provide diversity of unit types
throughout the project.
E. GRADING
*
*
1.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If
construction does occur during the rainy season, the developer shall
submit an Erosion Control Plan to the City Engineer for review and
approval. This plan shall incorporate erosion control devices such as, the
use of sediment traps, silt fencing, pad berming and other techniques to
minimize erosion.
2.
All grading activity shall address National Pollutant Discharge
Elimination system (NPDES) concerns. Specific measures to control
sediment runoff, construction pollution and other potential construction
contamination shall be addressed through the Erosion Control Plan (ECP)
and Storm Water Pollution Prevention Plan (SWPPP). The SWPPP shall
supplement the Erosion Control Plan and project improvement plans.
These documents shall also be kept on-site while the project is under
construction. An NPDES construction permit may be required, as
determined by the City Engineer.
3. A statement to run with deeds to new lot created by this subdivision shall
be recorded acknowledging all geotechnical reports by title, author (firm),
and dates, calling attention to recommendations and noting that the
reports are available to initial prospective buyers of the units in the project
from the developer.
4. All structures shall be designed and constructed in conformance with the most
recently adopted California Building Code requirements for seismic design. The
Town Engineer shall review and approve all engineering plans and the Chief
Building Official shall review and approve all building plans.
5. Prior to the issuance of a grading permit, the applicant shall submit a final site-
PAGE 9 OF RESOLUTION NO. 2010-10
specific, design-level geotechnical investigation, to be prepared by a licensed
professional, to the City for review and approval. The recommendations shall be
incorporated into all development plans submitted for the project.
F. MISCELLANEOUS
*
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*
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1.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
2.
Pursuant to Govermnent Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify and hold
harmless the Town of Danville and its agents, officers and employees
from any claim, action or proceeding against the Town or its agents,
officers or employees to attack, set aside, void, or annul, the Town's
approval concerning this Preliminary Development Plan - Rezoning and
Final Development Plan - Major Subdivision 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.
3. Lots created by this subdivision shall incorporated into the homeowners
association for the project and shall be subject to and included in the
CC&Rs previously approved for this project.
4.
Use of a private gated entrance is expressly prohibited.
5.
The proposed project shall conform to the Town's Stormwater
Management and Discharge Control Ordinance (Ord. No. 2004-06) and all
applicable construction Best Management Practices (BMPs) for the site.
For example, construction BMPs may include, but are not limited to: the
storage and handling of construction materials, street cleaning, proper
disposal of wastes and debris, painting, concrete operations, dewatering
operations, pavement operations, vehicle/ equipment cleaning,
maintenance and fueling and stabilization of construction entrances.
Training of contractors on BMPs for construction activities is a
requirement of this permit. At the discretion of the City Engineer, a Storm
Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
PAGE 10 OF RESOLUTION NO. 2010-10
6. The proposed project is a revision of a previously approved project and
the revised lot layout contains less impervious area than the previously
approved project that was reviewed and approved by the Regional Water
Quality Control Board. The stormwater requirements for MS 851-09 shall
comply with the RWQCB's previously approved Stormwater Control Plan
for SD 8389 and the related Operation and Maintenance requirements for
the stormwater treatment facilities since the project is partially built and
all storm water treatment facilities have already been constructed on-site.
7. All new impervious areas created as a result of this project from the house
footprint, driveways, sidewalks around each home plus approximately
90% of the "usable" rear yard area shall not exceed the previous
impervious area calculations that the stormwater treatment facilities were
designed to accommodate. Prior to issuance of building permits for this
subdivision, the Applicant shall provide a viable method for estimating
the maximum additional impervious area for each lot and show that these
areas do not exceed the area utilized to design the stormwater facilities.
This information shall be subject to review and approval by the City
Engineer.
8. The project shall continue to conform to the Town's Inclusionary Housing
Ordinance. For the overall project, the developer shall provide at least
eight below market rate for-rent second units as defined by the Ordinance.
Prior to recordation of the parcel map, the previously approved affordable
housing agreement for the project shall be amended to reflect the new lot
count and configuration as determined necessary by the Chief of
Planning.
9. Prior to recordation of the final map, the applicant shall install a STOP
sign on Tamarind Street at the intersection of Tassajara Lane. Installation
of the sign shall be subject to review and approval by the Town's
Transportation Department.
10. Prior to recordation of the final map, the applicant shall paint a center line
on Tassajara Lane. The location and design of the center strip shall be
subject to review and approval by the Town's Transportation Department.
PAGE 11 OF RESOLUTION NO. 2010-10
APPROVED by the Danville Planning Commission at a special meeting on March 30,
2010, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Antoun, Attwood, Combs, Graham, Morgan, Nichols, Radich
Overcashier
APPROVED AS TO FORM:
t12/(~ (? ~
City Attorney )
PAGE 12 OF RESOLUTION NO. 2010-10