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Home My WebLink About099-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Granting Prezoning of Land ) ORDINANCE NO. 99 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 272+ acre parcel located at the southeast corner of Camino Tassajara and Dougherty Road (Assessor's Parcel 206-010-007 and 008, 206-020-056 and 058) otherwise known as the Tassajara Ranch Property, and shown on the attached Exhibit B is prezoned from A-2 to the P-1 zoning district. Prezoning is based upon the approved Preliminary Development Plan for PUD 86-3 as conditioned by the requirements listed on Exhibit A. SECTION 2. Zoning 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 August 19, 1986, and was adopted and ordered published at a meeting of the Council held on November 6, , 1986, by the following vote: AYES: Kennett, Lane, McNeely NOES: None ABSTAIN: O ffenhartz Y O~ J~/~~ Absent: Sch] endorf AT TEST:~~ ~x~ ~~ EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL PUD 86-3 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 Tassajara Ranch 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 "Tassajara Ranch: Land Use Diagram" as prepared by Anthony M. Guzzardo and Associates dated January 17, 1986, and including addendums titled and dated "Tassajaras Ranch Addendum Parcel: Land Use Diagram 1A", June 11, 1986 and "Tassajara Ranch: The Haskins Parcel", August 1, 1986, 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. 1 3. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and San Ramon Valley 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. Development of the site shall occur as follows: a. Areas designated single Family Residential - Medium Density (Areas D,K, and the Haskins Parcel) shall conform to the requirements of the R-6 Zone District except that a minimum of 15 feet shall be maintained between structures on adjacent lots. b. Areas designated Multiple Family Residential Low Density and Medium Density ( Area E,F,G and H) are subject to review and approval at the time of consideration of the Final Development Plan. Siting of the units, setbacks, architectural designs, exact number of units and other site development standards shall be determined through Final Development Plan consideration. Up to 480 units may be developed in areas E and F. However these areas shall be revised to replace at least two different product types including variation in unit densities. Area E shall contain the higher density of these two areas. 2 c. Areas A and B are designated Mixed Use. The precise uses permitted in this area shall be determined through considerationh of the Final Development Plan. d. Use of Area C shall be determined upon approval of the Final Development Plan. e. The Community Park (Area I) shall be expanded to include a greater amount of recreation area to accommodate field games (ie. soccer, softball). The site shall be rough graded to provide the required field areas. 4. The cul de sac at the south end of Area H shall be deleted. 5. Development on the Haskins parcel shall be setback a minimum of 200 feet from the ultimate right of way line for Camino Tassajara. C. Landscaping 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 and Crow Canyon Road frontage. This landscaped area may include the graded slopes along Crow Canyon Road. Landscaping of this frontage shall be consistent with the landscaping along Camino Tassajara within the Sycamore Valley Specific Plan Area. For areas approved for mixed use, parkng may project a maximum of 10 feet into this 30 foot setback. 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. 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. 4 5. Grading in Areas E, G and H shall be modified to result in a land plan which is more reflective of the existing topography. 6. Grading in Area F shall be compatible with grading west of the site on the Morgan property. Further, grading shall be modified to follow the contours at the base of the knolls being preserved on the Morgan Property. 7. Seven lots on the south side of Area D adjacent to the General Open Space shall be deleted in order to reduce the extent of grading on this portion of the hill, and to result in grading more reflective of the existing hill form. 8. six lots shall be deleted from the southerly cul de sac in Area D and the cul de sac shortened in order to reduce the extent of grading. 9. Lots 24 through 32 shallbe deleted in order to substantially reduce the cut slope adjacent to the P.G. & E. towers. 10. Proposed grading on the Carlin property (Areas K and L) be subject to review and approval through the Final Development Plan consideration. 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. 5 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. Camino Tassajara and Crow Canyon Road along the entire project 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, pedestiran and bicycle paths and necessary turn lanes subject to review and approval by the City Engineer. Improvements as specified above shall also be completed across the frontage of the westerly Haskins property not currently proposed to be developed. Reimbursement of a portion of the cost of any such improvements may occur at such time as fronting properties along any such road segment develop. 6 8. 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 annexation 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 a Tentative Subdivision Map or Final Development Plan for this project. 9. The access road along the west boundary of the Haskins parcel, which provides access to the Conroy parcel shall be a public street extending to a intersection with the street which connects to the Vista Tassajara project. Alternatives to this street pattern may be considered through approval of the Final Development Plan. 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 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. 7 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. 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 $4,885 per unit to fund off site traffic and related improvmetns. The precise amount of the fee may vary depending upon the type of residential unit involved, but shall average $4,885 per unit over all development within the Crow Canyon Corridor Area. This fee shall include up to $1,300 per unit for reimbursement into the Crow Canyon Road benefit district, with $3,585 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 the 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 and at the project entrances from Crow Canyon Road. The signals shall be fully funded by this project including necessary intersection modifications. 8 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 therefrim 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. 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