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HomeMy WebLinkAbout100-86BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Granting Prezoning of Land ) from A-2 to P-1 and Amending ) the Zoning Map of the City. ) ORDINANCE NO. 100 The City Council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the 133 ± acre parcel located at the southeast corner of Camino Tassajara approximately 1100 feet west of Lawrence Road (Assessor's Parcel 206-040-046) otherwise known as the Vista Tassajara project, 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 86-4, 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 October o_~_, 1986, and was adopted and ordered published at a meeting of the Council held on November0. , 1986, by the following vote: AYES: Kennett, McNeely, Schlendorf NOES: ABSTAIN: ATTEST: Lane, Offenhartz EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL PUD 86-4 FINDINGS The City of Danville hereby finds as follows in support of the P-1 Prezoning, and Preliminary and Development Plan. The proposed planned unit development is consistent with the City General Plan; 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; That the development will mitigate off site impacts through the assurance of off site improvements in a manner acceptable to the City. The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment fully discussed potential impacts associated with development of the Vista Tassajara project satisfying the requirements of the California Environmental Quality Act. CONDITIONS OF APPROVAL A. General The development shall be substantially as shown on the project drawings labeled "Vista Tassajara Preliminary and Final Development Plan", as prepared by PRC Engineering, Inc. dated revised 8/25/86 and marked Exhibit "D" on file with the Planning Department except as modified by the following conditions of approval. Development of up to 240 units may be considered in reviewing the Final Development Plan and Vesting Tentative Map. -1- 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. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and San Ramon Valley Unified School District. 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. 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 All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 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. -2- Development of the site shall occur as follows: Development on the northerly portion of the site (served by "L" and "M" Courts) shall be set back a minimum of 200 feet from the realigned Camino Tassajara and shall be limited to development which conforms to R-6 development standards. No lots shall front on "A" Drive in this area. The 200 foot setback area shall be landscaped and maintained by the homeowners association except as provided in conditions C6 and C7. Development of the single family detached lots shall conform to the R-6 standards, except that a minimum of 15 feet shall be maintained between adjacent structures. The use of reciprocal easements in this area shall not be permitted. Development of the single family patio home portion of the site shall be subject to review and approval by the Architectural Review Committee of the Planning Commission. The Committee shall consider the siting of units, fence design, and location and architectural design of the units. Reciprocal easements shall be minimized through arranging the lot lines as necessary to achieve the desired usable yard area. Setbacks from the front property line shall be a minimum of twenty feet, except that the setback may be reduced to 15 feet if the entry to the garage is on the side or rear of the structure. A minimum building separation of 10 feet shall be maintained from any structure on an adjoining lot. The project shall include a continuous open space buffer along the eastern boundary of the site, between proposed developement and existing development to the east. A minimum of 40 feet shall be provided between lots 52 and 53, and the eastern property line. This continuous buffer area shall be landscaped with fencing provided alonq the eastern property line. -3- C. Landscaping A final landscaping plan shall be submitted for review and approval by the Planning Department prior to the issuance of a building permit. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 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. A landscaped setback of 30 feet within the 200 foot setback shall be provided along the Camino Tassajara frontage. Landscaping of this frontage shall be consistent with the landscaping along Camino Tassajara west of Dougherty Road and shall include provisions for pedestrian and bicycle trails. 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. 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 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. -4- Architectural approval is not granted at this time for any of the project residences. Design of all 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. Prior to the issuance of building permits, samples of final colors and materials selected for all single family structures shall be submitted to the Planning Department for review and approval. Grading Any grading on adjacent properties will require written approval of those property owners affected. 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. Graded areas throughout the site shall not exceed a slope of 3:1. Slope areas currently designated as 2:1 shall be decreased to the extent practical to the satisfaction of the Chief of Planning. 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. Streets 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- 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. 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. Handicapped ramps shall be provided and located as required by the City Engineer. 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. 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. "B" Drive shall terminate in a cul de sac in the vicinity of lots 51 and 53. Full right of way from "B" Drive shall be provided to the easterly boundary of the project site in the vicinity of Leema Road. An emergency vehicle access shall be provided from the terminous of "B" Drive to Leema Road. 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 necessay turn lanes subject to review and approval by the City Engineer. This improvement shall include realignment of Camino Tassajara through the Bettencourt property and four lane improvements extending to Leema Road. Reimbursement of a portion of the costs of any such improvements may occur at such time as fronting properties along any such raod segment develop. -6- All project streets shall be public with no security gating at project entrances. 10. 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 project 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. Infrastructure 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. 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. 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. -7- 10. 11. 12. 13. 14. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 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. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 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. All utilities required to serve the development shall be installed underground. The project developer shall pay average fee of $4,885 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 $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 be increased an equal amount. A traffic signal shall be installed at the project entrance from Camino Tassajara. This signal shall be fully funded by this project including necessary intersection modifications. -8- 15. 16. 17. 18. 19. 20. 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. 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, Based upon mitigation measures contained in the EIR, applicant shall prepare and submit an acoustical study addressing noise mitigation along the Camino Tassajara prior to approval of a Final Subdivision Map. The detention basin in the central portion of the site shall be securable by installation of decorative fencing at the access points. Fencing shall be setback a minimum of 20 feet and this setback shall be landscaped subject to review and approval by the Chief of Planning. The recreation area (Parcel C) shall be revised to create a larger swimming pool and to incorporate all structures into a single building. 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. coa819 -9- · .~*,qr_lr · // / '7" II / /,SR'E, OF .!