HomeMy WebLinkAbout102-86 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Granting Rezoning of Land
from A-2 to P-1 and Amending Ordinance No. 102
the Zoning Map of the City.
The City Council of the City of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 308 ± acre parcel located southeast of Green Valley
School along McCauley Road (Assessor's Parcel 202-050-036
through 040) otherwise known as the Warmington/Rassier
project, and shown on the attached Exhibit B is rezoned from
A-2 to P-1 zoning district. Rezoning is based upon the
approved Preliminary Development Plan for PUD 85-4, 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 foregoing Ordinance was introduced at a meeting of the City
Council of the City of Danville held on November 17 , 1986, and
was adopted and ordered published at a meeting of the Council
held on December 15 , 1986, by the following vote:
AYES: Lane, McNeely, Offenhartz, Schlendorf
NOES: None
ABSTAIN: None
MAYOR
EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
PUD 85-4
FINDINGS
The city of Danville Planning Commission 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 traffic impacts
through the assurance of off site improvements in a manner
acceptable to the City.
4. The Planning Commissionn has reviewed and considered the
Final EIR prepared for theproject and has recommended that
the City Council certify the EIR.
CONDITIONS OF APPROVAL
A. General
1. The development shall be substantially as shown on the
project drawings labeled "Preliminary Development Plan,
Rassier Ranch" as prepared by James R. Steadman and
Associates dated received September 18, 1986, marked
Exhibit C 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 or traffic
improvementsare made 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 the 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. A total of 226 dwelling units may be constructed
on the site subject to additional review of the
Final Grading Plan at the time of consideration of
the Final Development Plan and Tentative
Subdivision Map.
b. Areas represented as 10,000 square foot ~~
average lots (lots 1-109) shall be developed in a
manner consistent with the R-10 standards~_
excepting that lot sizes may include an average of
10.000 square feet of the Zoning Ordinance except
as follows:
i) A minimum of 15 feet of side yard set back
shall be maintained from the top of slope if
the grade difference between adjacent building
pads exceedsfive (5) feet in height.
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ii) All side and rear setback requirements shall be
measured from the top or toe of slopes adjacent
to the building pad.
iii) The difference in pad elevation between
adjoining lots shall not exceed ten feet except
where the lots are adjoining due to common rear
lot lines.
iv) The area between lots 6 and 7 and the adjacent
homes served by Redondo Way shall not exceed a
slope of 4:1.
c. Areas represented as 5,000 square foot minimum
lots (lots 1-115) shall be subject to specific
site plan review at the time of Final Development
Plan subject to the following standards.
i)Structures on adjacent parcels shall be
separated by a minimum of ten feet.
ii) Sideyard setbacks may be zero on one side but
shall be a minimum of ten feet on one side;
except that if a side slope between adjacent
lots exceeds five feet in height the setback
from the top of slope shall not be less than
ten feet and the setback from the toe of slope
shall not be less than five feet.
iii) A minimum of one on street parking space per
dwelling unit shall be provided within the zero
lot line development area of which 75% shall be
on the street directly in front of the
residences to be served. If this standard
cannot be met, parking bays shall be provided.
iv) The area between lots 6 and 7 and the adjacent
homes served by Redondo Way shall not exceed a
slope of 4:1.
d. The two estate lost shall be developed in
compliance with the R-20 standards of the Zoning
Ordinance.
4. The following additional plans and information shall be
submitted for review at the time of Final Development
Plan consideration:
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a. Location and design of all fencing proposed
including but not limited to individual lot
fencing, fencing adjacent to open space areas and
fencing along public rights of way as appropriatel
b. Architectural drawings/
c. A plan for bicycle and pedestrian circulation
within the development;
d. Details for improvement of the recreation area.
5. The developer shall enter into a acceptable agreement
with the City addressing the disposition,
improvement.maintenance. and use of lands designated as
open space prior to issuance of grading permits or
recordation of Final Maps for the project, whichever
shall occur first.
6. Covenants. Conditions and Restrictions. Articles of
Incorporation and By-Laws for a mandatory homeowenrs
association shall be Drepared flor the proiect. The
City shall be made a third party beneficiary as to the
secitons of the C C & R's which address any aDDlicable
conditions included in the pro~ect conditions of
approval. Prior to filing a final subdivision map. the
City Attorney shall review the CC & R's to assume that
all applicable conditions of approval have been
addressed.
C. Landscaping
1. A final landscaping plan shall be submitted for review
and approval by the Planning Commission at the time of
consideration of the Final Development Plan. The
landscaping plan shall address entry landscaping ,
landscaping of graded slopes, landscaping within the
creek area, and landscaping of the recreation area..
2. All plant material shall be served by an automatic
underground irrigation system excepting the landscaping
installed in the open space areas in graded slopes, and
where drought resistant materials are acceptable to
staff, and shall be 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 with the
exception that rocks and pebbles may be substituted in
certain areas, subgect to review and approval at the
time of first Development Plan consideration.
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5. A plan shall be submitted for consideration at time of
application for Final Development Plan which reflects
the location, type and condition of all trees on the
site exceeding ten inches in diameter measured four
feet above ground level. Trees to be saved and removed
shall be identified. All practible measures shall be
taken to save the greatest number of trees on the site.
6. All cut slopes above areas to be developed with
residential units shall be landscaped with tree
planting and hydroseeding to achieve a natural
appearance.
7. Street trees shall be planted at a ratio of 2.5 trees
for each 10.000 square foot lot. and 2 trees for each
5.000 square foot lot.
D. Grading
1. Any grading on adjacent propertieswill require written
approval of those propertyowners~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:l,excepting
slopes between building pads with less than five feet
of grade difference between adjacent pads which may be
graded to 2:1.
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.
E. 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.
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. The following public improvements shall be jointly
constructed or funded by the Warmington/Rassier project
and other projects in the vicinity including but not
limited to Magee/Diablo Ranch developmentS:
a. Widening of Diablo Road between E1 Cerro Boulevard
and Green Valley Road;
b. Widening of Diablo Road between Camino Tassajara
and E1 Cerro Boulevard;
c. Widening of E1 Cerro Boulevard between 1-680 and
Diablo Road;
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d. 25% of the widening of Green Valley Road between
Diablo Road and Stone Valley Road; and,
e. Installation of traffic signals and associated
intersection modifications at the intersections of
Diablo Road/E1 Cerro Boulevard and Diablo
Road/Green Valley Road.
The exact method of funding these improvements and the
responsibility of each developer shall be determined at the
time of Final Development Plan or Tentative Subdivision Map
approval.
8. Phasing of these improvements may occur based on the phasing
of construction of the projects. Any such phasing of
improvements shall be determined at the time of Final
Development Plan and Tentative Subdivision Map
considerations.
9.
el zajon Drive
shall be closed at McCauley Road exceDting that provisions
shall be made for pedestrian and bicycle access as well as
for emergency vehicle access subject to review and approval
at the time of Final DeveloDment Plan consideration.
10. McCauley Road shall be improved as a 36 foot street within a
56 foot right of way, from E1 Cajon Drive to "G" Court.
Sidewalks may be deleted from the north side of McCauley
Road from E1 Cajon Drive to "H" Court.
11. McCauley Road from Diablo Road to E1 Cajon Drive shall be
improved as a 36 foot street with a landscaped strip of 7
feet along the north side and a meandering bicycle and
pedestrian path within a 17 foot landscaped area along the
south side, except that deviation in the actual width of the
right of way, the parking strip and the alignment of the
improvements may be allowed through consideration of the
Final Development Plan and Tentative Map to accommodate
unusal circumstances due to terrain or existing Dhvsical
features.
12. Project streets other than those specified in conditions 10
and 11 above shall comply with the standards established in
Title 9 of the City Code.
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13. Applicant shall ~$~ allow for an easment for access
purposes from the southeasterly terminus of McCauley Road to
the south property boundary. Location of this easement
shall match the location of the easement to be granted
across the adjacent Shapell property.
F. 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 service shall be provided by the Central
Contra Costa Sanitary District in accordance with the
requirements of the District.
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.
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, the minimum storm drain
easement width shall be ten feet. Wider easemtns will
be required in some cases based on piDe size and deDt.
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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. In accordance with Section 92-2.006 of the City
Ordinance Code, this project shall conform to the
provisioins of the City Subdivision Ordinance
(Title 9). any exceptions therefrom must
specifically be listed in the conditional approval
statement, attached to the Tentative Map.
14. Lots 6 an 7 adjacent to Redondo Way shall be
limited to single story structures.
15. All interior subdivision streets shall be
dedicated to the City of Danville and constructed
to City public road standards, or to the
satisfaction of the City Engineer.
16. total street width, including Droposed P.U.E. and
right of way shall be a minimum of:
a) 52 feet for minor street
b) 56 feet for collector street
17. McCauley Road shall be widened beyond collector
standards within 300 feet of Diablo Road to
provide a 46 foot curb to curb street.
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18. A complete drainage study will be required as a
condition of development addressina both tributary
area flows and effects on downstream capacities.
The applicant should be required to mitigate
effects of the increased runoff generated by this
development to include retention of storm flows as
may be appropriate.
20. Storm drain facilities shall be designed to
channel water into natural drainage ways. Prior
to inlets. trash and debris racks will be
reuuired. Outfall lined should be designed to
carry water from the edge of developed areas to
energy dissipaters at nearby creekbeds in order to
minimize erosion that will occur if outlets are
placed at the tops of slopes.
21. storm drains shall be placed in streets or open
space corridors wherever possible and the plan
shallbe designed so that this can be accomplished
without the pipes being excessively deep.
22. Any owk within the creek shall be subject to the
requirements of the Department of Fish and Game.
23. Grading and land preparation shall be resitricted
to the period of May to October to minimize
erosion and depositon of sediments. All exposed
erodible slopes resulting from grading activities
shall be hydrmulched or otherwise stabilized by
project developers each year by October 15.
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