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Home My WebLink About088-86 BEFORE Tt ~OWN COUNCIL OF THE CITY TANVILLE In the matter of: ) ) ) -- Granting rezoning of Land ) ORDINANCE NO. 88 from R-65 (Single-family ) Residential) to P-1 (Planned) Unit District and amending ) the zoning map of the City ) The Town Council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the approximately 40 acre parcel located at the northwestern terminus of Hilferd Way (Assessor's Parcel Number 199-080-004) and as shown on the attached Exhibit 'B' is rezoned from the R-65 (Single-family Residential) to the P-1 (Planned Unit) District. Rezoning is based upon the approved development plan for PUD 85-8, as conditioned by the requirements listed in Exhibit 'A'. SECTION 2. Rezoning. The zoning map of the City of Danville is amended accordingly. SECTION 3. Publication. The City Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation of b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the City of Danville held on r~¥ 5th , and was adopted and ordered published at a meeting of the council held on r~¥ I¢~ . , 1986, by the following vote: AYES: Lane, McNeely, Offenhartz, Schlendorf NOES: None ABSTAIN: Kennett / ! /. , , j~',:..' ~.. ,.' ? ,, ,..:~ / '<.'- -- ~ .~~f/ MAYOR .: ATTEST: J .... ~ ~.~~t~,~~ ~j~ ~ ~?~ ~ ..... ~ i~~'~'~-~~ ~t,. ,~~ · , In the matter of: ) Granting rezoning of Land ) ORDINANCE NO. 88 from R-65 (single-family ) Residential) to P-1 (Planned) Unit District and amending ) the zoning map of the city ) The Town council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the approximately 40 acre parcel located at the northwestern terminus of Hilferd Way (Assessor's Parcel Number 199-080-004) and as shown on the attached Exhibit 'B' is rezoned from the R-65 (single-family Residential) to the P-1 (Planned Unit) District. Rezoning is based upon the approved development plan for PUD 85-8, as conditioned by the requirements listed in Exhibit 'A'. SECTION 2. Rezoninq. The zoning map of the city of Danville is amended accordingly. I SECTION 3. Publication. The city Clerk shall either a) have this ordinance published once within 15 days after adoption in a newspaper of general circulation of b) have a summary of this ordinance published twice in a newspaper of general circulation once five days before its adoption and again within 15 days after adoption. SECTION 4. Effective Date. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the City of Danville held on ~v 5th , and was adopted and ordered published at a meeting' of the council held on ~1a¥ I(3 , 1986, by the following vote: AYES: Lane, McNeely, 0ffenhartz, Schlendorf NOES: None ABSTAIN: Kennett / // M3NYOR / ATTEST: M.D.B.M , TAX COD! AREA 1118TNOLIL TF~CT 6680 M.B. 301.,.17 (~,t'. Jm 44,. \ ~J,,k , A ~.,... ,~,. ,.~ -.,~. ..'" ~1.,'"' Q -,, C',~ aJ,sa,. / (~),~,,,.. vo~ ") it /2-/~ -a ASSESSOR S MA Rf1~v I h h p '~..41NG COMMISSION '~, lIBIT ZONIN~ MAP EXHIBIT C GENERAL PLAN f A-2. i f A ./ /J · II PEESENT ZONING AREA GEN£P. AL PLAN '$[.;RROUNDTNG ZONZNG EXZSTTNG LA/~D USE ., I I 'SURROUNDING ~D USE - PROPOSED LAND USE O~XNER I EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL FINAL DEVELOPMENT PLAN FOR PUD 85-8 AND TENTATIVE MAP 6680 PRELIMINARY DEVELOPMENT PLAN PUD 85-8 1. The project appears to be capable of development within 2 1/2 years; 2. The proposed planned unit development and tentative map are consistent wi~h ~he City's general plan specifically the -general open apace" designation of the plan under which large lot projects incorporating abundant open space are deemed appropriate. 3. The proposed project appears to offer the potential for a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and com~unity. 4. The development of a harmonious, integrated plan Justifies exceptions from the normal application of the zoning ordinance. 5. An environmental assessment has indicated a negative declaration for the project. -5- MODIFIED CONDITIONS OF APPROVAL 10. Developer shall indemnify the City for defects in the design and construction of all private roadways, private utility systems, and storm drains in the project. 11. All emergency vehicle access ways, fire trails and private drainage structures within individual lots shall be the responsibility of the individual property owners, to a point where said access ways, trails and drainage structures connect to existing facilities. EXHIBIT A CONDITIONS OF APPROVAL P. J .-', .,--. ',- ".-/ A. General Standard Conditions 1. ~he development shall be sUbstantially as shown on the project drawings labeled DevelOpment Plan PUD 85-8: Tentative Map 6680, dated 9/85, as prepared by Humann Company, Inc. and marked Exhibit "8" on file with the Pla~ning Department except as modified by the following conditions of approval. c; r;> {(.,~.'_ 2. The developer shall pay any and all City and other related fees that the property may be subject to. These fees shall be based on the current ~ee schedule in effect at the time the relevant permit is secured. Notice should be taken specifically of the City'S Transportation Improvement Program (TIP) fee and the d~ainage acreage fee as established by the Flood Control District. 3. The developer shall comply with all requirements of the San Ramon valley Fire Protection District, as indicated in the District's letter to the City of October 30, 1985. 4. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped until a professional archeologist certified by the Society of California Archeology and/or the Society of Professional Archeology has had an opportunity to evaluate the significance of the find and tosugqest appropriate mitigation measures, if they are deemed necessary. 5. Construction and qrading operations shall be limited to weekdays (Mondays through Fridays) durinq the hours from 7:30 a.m. to 5:50 p.m., unless otherwise approved in writing by the City Engineer. . 5gecial Conditions 6. ~he applicant and any successors in interest to this approval shall adhere to the letter of agreement between Humann Company, Inc. and Stephen A. Rothstein, President, Montair Property Owners Association regarding project improvements and related matters. -6- 7. Thio approval is granted subject to all ~he recommendations contained in the Geetechnical Investigation of Tentative Subdivision 6680, dated ~anuary 2, 1986 by Rogers/Pacific, professional engineering consultants. 8. xX]MtlIilSISW~IX)UWJf N~Bd[ilJl~X~X~Xl~tKXZJb~tMiX~tlX~t~ IIrJaMIX~IX~X~XBrI~XI~NilIXZMUB~ZI~J~X~XrlJ~ llX~W~tZX~~XEM31~I~XXKEI~IE~NX JNKXM~WI~LW~i · QOOKB~AXNN~KUXXm~XX~XXXXKmN~XU~X~XX~IXX~yXX~b ~[NX~k~KNX~UXI(,XX~m011~XX~X~XX2NKX~X~KXXXXNK IZZ~X;mX~X XRI~IlXXN~XNNN~31KUX~XAX~X~A~IKIXX~XIICX~ qtlXtN;tlOOgO~~XX,~ll/;~XXtt,.A.4'k~]f"X~X~X'x]Btt~;X'Xel;~x~;kX~,x ennn~x~~xd~llxxxcjcTx~Mkwmnc~m~!l]ox:mcxglx~kXqUl~eln~, lax~~xx~w~xqGxX%xl~l~af~x~xo~x#~k~ e~N~#~X .~ XI;JmK~I X XW, I(gOr~Id(X~ ~)I~!II, J;rXI~~]t~M~ IIX'Jm~Uo~t(x~l~xoo~xJI;b~llx xa;~m · 9. That no improvement activities, including but not limited to grading, construction, tree removal or site preparation shall be initiated until all proper permits are obtained. 20. t~x~h~XS~~XMx~MxI~I~X~~I~JYJ~q~X~ U~aJ~X~d~~I~XXiUX~IJMJaXM~I~LtimI~E IMMI~X~yml. 22. ~stxx~xt~xllAm~x~xix~mump~xm~xmx~xa~sxnxr~ J~i~XX~~X~lI~CRI~XX~gIK~[ICXX~X3tX~K~ali3aI~ ~~It~XXX~ ~il~ ~XZ~JJIXJ~X[~ tXMJ~XX~XI~X~ Mydul~x~j~mxx4~fl~a~xmatxm~xnai~xax~aalxmp 22. Pro~ect CC & R'o shall provide: a. ~hat the City be granted an irrevocable right-ofoentry for public safety and municipal purposes; ' b. that if ?.he project is t=o contain any private utility systems, etorm drain, the HOA shall maintain at all times a contract with a private or public entity, approved by ~he city Engineer to maintain, repair and inspect those systemS. Such maintenance contract -7- shall provide that the contractor file with the City Engineer semi-annual or annual reports certifying that t. hoee systems are in good repair and being properly maintained. The contractor shall report all problems, and expected future service needs; c. That the HOA shall be responsible for maintenance of all non-buildable areas, including open space easement areas if individual property owners fail to do so; e. Membership in the Association ie uandatory for all lo= owners in the subdivision. f. MXI[X=HX~ X~XtI~KX~X~IKX~X~IXX~X~X~X~XX~I~ g. No antennas, microwave or satellite receiving dishes or other broadcasting or receiving devices shall be permitted. h. Prohibition of recreational vehicle parking. 13. Except as otherwise modified by these conditions of approval the lots within the project shall be governed by the zoning standards of the R-65 district. 14. That the developer shall dedicate open space easement areas to tnclude provision for trail access to ~ast Bay Reaional Park facilities across the u~per Dort~ons of the site generally as follows: lo=s 2,3,4, and 7 - all steeply sloping and or heavily wooded areas outside of the areas indicated as building sites; lots 5 and 6 - all land generally above 1050 feet in elevation; lot 1 - that area adjacent to the extension of Hilferd Way necessary for slope protection. Said areas shall be offered for open space easement dedication to the City on the final map. Except for open type fencing, and small accessory structures subject to the approval of the Planning Department, these areas shall be kept free of structures and maintained in their natural state in a manner conducive to the public health and safety. 15. The location of the building area shown on lot 4 shall be considered conceptual only. In view of the length of .. the driveway to lot 4 and the eleva~ion of ~/%e building area as shown it may be desirable to lower said building area £or public safety purposes. The applicant shall work with the Planning, Engineering and Fire District etaff in order to determine the most appropriate building area for this lot. This area shall be shown on a final plan to be subsequently reviewed and approved by the Chief of Planning and City Engineer. --8-- 16. The effective date Of tentative map approval shall be the effective date of development plan and P-1 Zoning approval as granted by ~he City Council. B. Site p1Ann4ng 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 2. The location of any pad mounted tranIformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any itreet and the front of a building. Specia~ Conditions 3. No structures shall be constructed outiide of building areas as conceptually shown on the tentative map, preliminary development plan, Exhibit B, except for open type fencing or small accessory atructureI as approved by the Planning Department. 4. A street lighting system shall be provided by the developer designed to minimize off-site visibility from lower vantage points. The system shall be approved by the City Engineer and Chief of Planning, ins=alled by the developer and maintained by the HOA. e -9- C. ?~ndscaD~n= 1. A final landscaping plan shall be submitted for review and approval by ~he Planning Department prior to the issuance of a building permit. 2. All plant material shall be served by an automatic underground irrigation system end maintained in a healthy growing condition. 3. All trees shall be · minimum of 15 gallon container size and properly etaked. Shrubs not used as ground cover shall be · minimum of 5 gallons is size. 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 5. All existing trees on the eita shall be preserved to the extant practicable: removal will be allowed only upon written approval of ~1s Planning Department as indicated on final plans. Special Cond4tions 6. All new plant material introduced onto the property by the developer or individual lot owners shall be of a fire retardant nature (e.g. such species as eucalyptus and pine shall not be allowed). 7. All landscaping in common and private areas shall compliment the natural setting and be so designed to minimize the use of water for irrigation. 8. Final landscape plans ~~/~/~/~&~~/~~/ ~&~shall bs required prior to the issuance of building permits for main structures (see Condition ~~/~/~&~/~/~~y Lot landscaping can be minimal, emphasizing the fit of the structure into its natural setting, but i~ shall be Dlanned. D. Arch{tecture 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on ~he structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compa~ible wi~h the main structure(s). The highest point of any roof mounted equipment shall not extend above the top of ~hs equipment well. -10- 2. The street number(I) of the building(e) shall be posted so am to be easily eean from the street at all times, day and night. 3. If signing for the development is desired, in addition to any signs approved ae part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate application. 4. Prior to the issuance of a building permit, samples of final colore and materials selected shall be submitted to the Planning Departsent for review and approval. SDec!a! Conditions 5. All buildings in ~/%e project shall be a maximum of two stories or 28 feet in height measured from the building pad or the highest pad location on split pad lots. 6. The final design of all main structures within the project shall be subject to review and approval by the Architectural Review Committee (ARC) of the Planning Commission. It ie intended that all structures blend with their surroundings to the maximum extent practicable. To this end, building materials shall be confined mainly to varying types of fire retardant wood and some ~ypee of masonry (such as slumpblock or brown brick and other materials). Colors shall be those earthtones that beet conform to the area. Bright colors such ae white stucco walls or red roofs shall be prohibited. The applicant ie reminded of the requirement of fire retardant roofing - Class A. All building proposals shall be accompanied by final landscape plans prepared by a licensed landscape architect (see condition C-8). All accessory structures, poole, decks, and other facilities, where allowed, shall be subject to approval of the Planning Department. E. Parking Not applicable. -11- F. Gradins 1. Any grading onadjacent proper~ies will require written approval of those property owners affected. 2. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent duit. These measures shall be approved by the City Engineer and employed at all times as conditions warrant. Special Con~t~on- 3. The grading and improvement plans for the tract shall ihow driveway access for all lots and all trees proposed to be removed within the entire subject site. 4. A fire retardant buffer, 10 feet in width shall be provided along the length of both sides of the project roadway and Ihall be engineered and landscaped An such a way as to minimize erosion to a level acceptable to the City Engineer. x Specie! Conditions 5. Where soil or geologic conditions encountered in grading operations are different from that anticipated An the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be Iubmitted for approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from hazards of land slippage, erosion, settlement, and seismic activity. 6. If grading is commenced prior to filing the Final Map, a surety or guarantee, as determined suitable by the City Engineer, shall be filed with the City of Danville to ensure reitoration of the site to a stable and erosion resistant state if the project is terminated prematurely. 7. The soils engineer ihall sign the final grading plans. -12- 8. Pr~or to any gra~ng and pr~or to the approval of the ,4nA] mAD. A det~4]ed construction gradin= Plan shall he mreDared bv the project enaineer or aeoloaist and !,,bm~tted for ~pprova~ to the City ~n~ineer. The aredAna Dlmn shml! ~n¢]ude a drainage. water quality and sed4mentat~on control plan for the construction and =he Dost const~,¢t40n Der~o~. The Plan shall also 4nclude prov4s40ns for ~ono term eros4on control 4ncludtna but not ]4mtte~ to a]oDe veaetat~on. All Iros~on mn~ sediment con=r0! measures shal~ be m~tnta~ned by the ~eve!oDer Jn~/or the homeowners AssocAa=4on. G. Streets Standard Conditions 1. The developer shall obtain an encroachment permit from the Engineering Depart:men= prior to co~encing any construction activities within any public right-of-way or easement. 2. The developer shall keep adjoining public an~ private streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. 3. 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 developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. ew -13- special Conditions 5. The proposed 20 foot wide paved roadway of the eubdiviiion Ihall be extended to Honeair Drive by widening Hilferd Way as necessary to achieve a 20 foot width . Adequate drainage facilities shall be provided along Hilfsrd between Montair and the subdivision. Such design iha11 be shown on project improvement plans subject to approval of the City Engineer. The Project Improvement Plans shall ihow a driveway to each building site along with turnsrounds, parking areas, pad elevations, and the associated grading. Driveway slopis Ihall not exceed 20 percent. 7. This site shall Join the Mortfair Homeowners' Association for Joint maintenance of existing private streets. 8. The applicant Iha11 be obligated for the cost of all street/access way improvements. 9. The developer shall submit improvement plans prepared by a registered Civil Engineer to the City Engineer for review and approval and, pay the plan review fee. These plans shall include any necessary traffic signing and striping plans. H. Infrastructure 1. Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 2. Sewer disposal Iervice shall be provided by the Central Contra Costa Sanitary District 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 ~he Contra Costa County Flood Control District. 4. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. -14- 5. Off-site drainage flows Iha11 be intercepted at the project boundary via an approved storm drain facility, or aJ approved by ~ha City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 7. Concentrated drainage flows shall not be permitted to cross aidewalks or driveways. 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 9. If a storm drain must cross a lot, or be in an easement between lots, ~he easement shall be equal to or at least double the dep~ of T/is ItOrm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 11. All utilities required to serve the development shall be installed underground. Special Conditions 12. The Project Improvement Plan shall show a storm drain to collect run-off from the building sites of lots 1, 2, and 3. 13. The Project Improvement Plan shall show proposed storm drain sizes, slopes and elevations. 14. The structural condition of the axisting storm drains under Hilfard Way shall be determined by the developer and information submitted to the City Engineer. They shall be replaced if ~he City Engineer determines their condition to be inadequate. 15. Improvement plane for this subdivision shall include the design of a storm drain for each lot to carry run-off from the building site to the storm drain system of this eubdiviIion. All run-off from driveways and impervious building iita areas shall be collected into the eubdivision'e ItOrm drainage system. For lot 4, a storm drain will be required to collect run-off at the sag in~ha driveway at elevation 1015.5. -15- 16. Based on the subdivision drainage study, additional capacity shall be provided as needed for the creek crossing of Hilferd Way. 17. The storm drainage study shall verify the adequacy of the downstream watercourse to which this subdivision's storm drain system discharges. 18. Drainage Area 10 fees shall be paid, if applicable. 19. Drainage facilities and drainage easements shall be provided to the satisfaction of the City Engineer. 20. Provisions shall be made to protect the subdivision improvements from hillside runoff via interceptor ditches, grade terraces, or similar facilities within the development as shown on improvement plans approved by the City Engineer. -16- tj X,/'I I ,~ I ! ~.J NEGATIVE DECLARATION LEAD AGENCY: City of Danville NAME OF PROJECT: #Hilferd Terrace,# PUD 85-8 SD 6680 (Habitat) PROJECT DESCRIPTION: Seven lot single family residential subdivision and related facilities and approximatley 40 acres at t. he northern terminus of Hilferd Way. ENVIRONMENTAL EFFECTS: Minor alteration to existing land forms and drainage patternsl moderate increase in local fire risks. MITIGATION MEASURES: Lot by lot development review; implementation of geologic report recommendations; increased fire prevention/protection measures. DETERMINATION: On February 10, 1986, the Danville Planning Commission determined that project impacts could have been siqnficant but have been mitigated to insignificant levels by measures imposed as conditions of approval. The Initial Study was prepared by the Planning Department, City - of Danville. Copies of the Initial Study may be obtained at the city offices located at 510 La Gonda Way, Danville, California. ATTEST: Joe A. Calabrigo, Chief of Planning lp: nag-dec