HomeMy WebLinkAbout098-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Granting Prezoning of Land ) ORDINANCE NO. 98
from A-2 to P-1 and Amending )
the Zoning Map of the City. )
The city Council of the city of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 55 ± acre parcel located at the southeast corner of
Camino Tassajara and Dougherty Road (Assessor's Parcel
206-010-004 and 206-010-005) otherwise known as the Morgan
Property, and shown on the attached Exhibit B is prezoned
from A-2 to P-1 zoning district. Prezoning is based upon
the approved Preliminary Development Plan for PUD 86-2, as
conditioned by the requirements listed on Exhibit A.
SECTION 2. Zoninq Map.
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 or 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 zoning designations become effective upon
annexation of the property to the City of Danville.
The foregoing ordinance was introduced at a meeting of the City
Council of the City of Danville held on October 6 , 1986, and
was adopted and ordered published at a meeting of the Council
held on November§ , 1986, by the following vote:
AYES: Kennett, Lane, McNeely
NOES: None
ABSTAIN: Offenhartz ~///½,~/~L ,~y/?°~/l~
Absent: Schlendorf MAYOR ~,~
EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
PUD 86-2
FINDINGS
The City of Danville hereby finds as follows in support of the
P-1 Prezoning and Preliminary Development Plan:
1. The proposed planned unit development is consistent with the
city General Plan;
2. The residential development will constitute a residential
environment of sustained desirability and stability, and
will be in harmony with the character of the surrounding
neighborhood and community;
3. That the development will mitigate off site impacts through
the assurance of off site improvements in a manner
acceptable to the City.
4. The previously certified EIR prepared for the Dougherty Road
Area General Plan Amendment fully discussed potential
impacts associated with development of the Morgan Property
satisfying the requirements of the California Environmental
Quality Act.
CONDITIONS OF APPROVAL
A. General
1. The development shall be substantially as shown on the
project drawings labeled "Morgan Property, Preliminary
Development Plan",as prepared by Frisbee, Wood and
Associates dated 8/13/86, and the grading plan labeled
"Morgan Property Conceptual Grading Plan" as prepared
by Bissell and Karn and marked Exhibit "D" on file with
the Planning Department except as modified by the
following conditions of approval.
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 fee 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, Park
Dedication Fee and the drainage acreage fees as
established by the Flood Control District.
If extraordinary off site fees are paid which exceed
the amount of the residential T.I.P. fees, the City
will consider waiving the fees.
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3. The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District and San
Ramon Unified School District.
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 to suggest appropriate mitigation measures, if they
are deemed necessary.
5. Construction and grading operations shall be limited to
weekdays (Mondays through Fridays) during the hours
from 7:30 a.m. to 5:30 p.m., unless otherwise approved
in writing by the City Engineer.
B. Site Planning
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 transformers 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
street and the front of a building.
3. A total of 219 dwelling units may be constructed on the
site as follows:
a. 107 single family detached units
b. 112 multiple family units on a seven acre site.
4. Development standards for the two areas shall be as
follows:
a. Single family units: Subject to the R-6 standards
of the Zoning Ordinance except that a minimum of
fifteen feet shall be provided between adjacent
dwelling units.
b. Multiple family units: Final development plan
approval is required prior to development of the
multiple family project. The site plan shall be
generally as shown on the revised site plan dated
8/13/86. A minimum of fifteen feet shall be
provided between adjacent structures, including
decks and patio enclosures.
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Landscapinq
1. A final landscaping plan shall be submitted for review
and approval by the Planning Department prior to the
issuance of a building permit.
2. All plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growing condition.
3. All trees shall be a minimum of 15 gallon container
size and properly staked. Shrubs not used as ground
cover shall be a 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 site shall be preserved to
the extent practicable: removal will be allowed only
upon written approval of the Planning Department as
indicated on final plans.
6. A landscaped setback of 30 feet shall be provided along
the Camino Tassajara frontage. This landscaping shall
include a hardscape element which separates the
multiple family project from the Camino Tassajara
hardscaped area. Landscaping of this frontage shall be
consistent with the landscaping along Camino Tassajara
within the Sycamore Valley Specific Plan Area.
7. A landscape maintenance easement shall be established
along the property's Camino Tassajara frontage. This
area shall participate in a 1972 Act Landscape and
Lighting Maintenance District.
8. All cut slopes above areas to be developed with
residential units shall be landscaped with tree
planting and hydroseeding to achieve a natural
appearance.
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 structure(s). The highest point of any
roof mounted equipment shall not extend above the top
of the equipment well.
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2. Architectural approval is not granted at this time for
either the single family or multiple family portions of
the project. Design of the various units shall be
subject to review and approval by the Architectural
Review Committee prior to issuance of any building
permits. City of Danville Residential Design
Guidelines shall govern the design of the building.
3. Prior to the issuance of building permits, samples of
final colors and materials selected for all single and
multiple family structures shall be submitted to the
Planning Department for review and approval.
E. Grading
1. Any grading on adjacent properties 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 dust. These measures shall
be approved by the City Engineer and employed at all
times as conditions warrant.
3. Graded areas shall not exceed a slope of 3:1.
4. Grading proposed on the hills within the open space
area shall be contoured to simulate the existing hill
form, not resulting in concave or straight cut slopes.
5. Pad elevations on lots 29 through 48 shall be lowered
to substantially reduce or eliminate the grade
separation from the adjacent lot to the east.
Developers of these two parcels shall cooperate toward
achieving pad elevations which are similar avoiding
grade differences where possible.
F. Streets
1. The developer shall obtain an encroachment permit from
the Engineering Department prior to commencing any
construction activities within any public right-of-way
or easement.
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2. All street signing shall be installed by the developer
as required by the City. This shall include, but is
not necessarily limited to "Stop," "No Parking," "Not a
Through Street," and street name signs. Traffic signs
and parking restriction signs shall be approved by the
Police Department.
3. The developer shall keep adjoining public streets free
and clean of project dirt, mud, materials and debris
during the construction period, as is found necessary
by the City Engineer.
4. Handicapped ramps shall be provided and located as
required by the City Engineer.
5. This development shall be provided with a safe and
effective circulation system for bicycles and
pedestrians. These facilities shall be designed and
installed to the satisfaction of the City Engineer and
shall be separated from vehicular traffic wherever
possible.
6. 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.
7. Dougherty Road shall be abandoned as necessary prior to
approval of a tentative subdivision map, and proof of
title to the entire abandoned portion shall be
submitted with the application for tentative
subdivision map.
8. Camino Tassajara frontage shall be improved by the
developer to a width of four travel lanes within a
dedicated right of way of 128 feet. Any additional
right of way up to the specified 128 feet shall be
dedicated to the City at the time of filing of the
initial Final Subdivision Map for the development.
Street improvements within the 128 feet shall include
four travel lanes, median landscaping frontage
landscaping, pedestrian and bicycle paths and necessary
turn lanes subject to review and approval by the City
Engineer.
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9. This project shall be required to participate in an
assessment district, fee benefit area or other funding
mechanism which may be formed to later fund specific
projects defined as necessary off site improvements of
benefit to the entire annexaiton area. The need for
such a district and the specific projects that will
have to be funded will be determined prior to the
approval of the Tentative Subdivision Map or final
Development Plan for this project.
G. Infrastructure
1. Water supply service shall be provided by the East Bay
Municipal Utility District in accordance with the
requirements of the District. Annexation to the
District shall occur prior to to approval of any Final
Subdivision Map.
2. Sewer disposal service shall be provided by the Central
Contra Costa Sanitary District in accordance with the
requirements of the District. Annexation to the
District shall occur prior to approval of any Final
Subdivision Map.
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
District.
4. All storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest approved downstream facility.
5. Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain facility,
or as approved by the City.
6. Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe. Deviations from this requirement shall be
endorsed by a soils engineer and approved by the City
Engineer.
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7. Concentrated drainage flows shall not be permitted to
cross sidewalks 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, the easement shall be equal to at least
double the depth of the storm drain.
10. The developer shall comply with all relevant
requirements of the Contra Costa County Flood Control
District.
11. The developer shall furnish proof to the City Engineer
of the acquisition of all necessary rights of entry,
permits and/or easements for the construction of
off-site temporary or permanent road and drainage
improvements.
12. All utilities required to serve the development shall
be installed underground.
13. The project developer shall pay an average fee of $4885
per unit to fund off site traffic and related
improvements. The precise amount of the fee may vary
depending upon the type of residential unit involved,
but shall average $4885 per unit over all development
within the Crow Canyon corridor area. This fee shall
include up to $1300 per unit for reimbursement into the
Crow Canyon Road benefit district, with $3585 per unit
to be allocated for off site improvements within
Danville and San Ramon, and their respective spheres of
influence. The portion of the fee to be paid to City's
of San Ramon and Danville may be adjusted a maximum of
25% upon the mutual agreement of all parties
concerned. If the amount of the reimbursement to the
Crow Canyon Road benefit district is increased, the
contribution specified in this condition shall increase
an equal amount.
14. A traffic signal shall be installed at the project
entrance from Camino Tassajara. Funding for this
signal shall be fully assured by this project including
necessary intersection modifications. Reimbursement
for a portion of these costs shall occur on a per unit
basis when properties along Old Blackhawk Road develop.
15. In accordance with Section 92-2.006 of the City
Ordinance Code, this project shall conform to the
provisions of the City subdivision ordinance (Title
9). Any exceptions therefrom must be specifically
listed in the conditional approval statement, attached
to the Tentative Map.
16. Abutter's rights of access along Camino Tassajara,
except for the intersection area, shall be
relinquished. The relinquishment shall include the
right of way returns of the affected subdivisions,
17. Based upon mitigation measures contained in the EIR,
applicant shall prepare and submit an acoustical study
addressing noise mitigation along the Camino Tassajara,
at time of Final Development Plan.
18. A traffic signal is required at the intersection of
Camino Tassajara and Crow Canyon Road. This
development shall participate in funding of that signal
with other developments including Tassajara Ranch,
Vista Tassajara, Edmonston Ranch and West Branch as may
be appropriate. The determination of how the costs of
the signal will be distributed shall be determined by
the City Engineer prior to approval of a Final
Development Plan or Tentative Subdivision Map.
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19. This Agreement was approved by an Ordinance of the Danville
City Council in Danville on Auqust 18~6 .c~~
Susanna Schlendorf, Rayor ~l~n Coyne, ~ -_~lTager
City of Danville Televents
Attest:
City Clef
Approved as to form=
C~F~rles Williams
City Attorney