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HomeMy WebLinkAbout89-06 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Rezoning of Property ) from R-20; Single Family Residential) Ordinance No. 89-6 District to P-l; Planned Unit ) Development District and Amending ) the Zoning Map of the Town ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the 2.3 +/- acre parcel located on the west side of Diablo Road approximately 180 feet south of Matadera Way (Assessor's Parcel Number: 196-300-017) as detailed on Tentative Map SD 7196 is rezoned from R-20; Single Family Residential District to P-l; Planned Unit Development District. Rezoning is based upon the approved Preliminary and Final Development Plans for PUD 89-1 and Tentative Map SD 7196, as conditioned by the requirements listed in Attachment A. SECTION 2. Zoning Map. The zoning map of the Town 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 become effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held April 3, 1989 and was adopted and ordered published at a meeting of the Council held on April 17, 1989, by the following vote. AYES: GREENBERG, JAGGER, LANE, RITCHEY NOES: NONE ABSTAIN: NONE ABSENT: SCHLENDORF Vice Mayor / ATTEST: APPROVED AS ~9 TOW~ ATTORNEY apmm4 FINDINGS AND CONDITIONS OF APPROVAL PRELIMINARY AND FINAL DEVELOPMENT PLAN PUD 89-1 AND TENTATIVE MAP 7196 REDWOOD GROUP/ELIAHU PLAN 2 FINDINGS A. The Town of Danville hereby finds as follows in support of the Preliminary and Final Development Plan: 1. The proposed Planned Unit Development District is consistent with the Danville General Plan; 2. The proposed deveIopment 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. The proposed development will mitigate off-site traffic impacts through the assurance of pro rate contribution in the Diablo/E1 Cerro/Green Valley Traffic Mitigation Fee; 4. Project conditions which follow serve to mitigate potential significant environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for this project. B. The Town of Danville further finds as follows in support of the Tentative Map: 1. The proposed subdivision is consistent with the Danville General Plan; 2. The design of the subdivision and the type of associated improvements will not cause significant environmental damage or substantially and voidable injure fish or wildlife or their habitat; 3. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems; 4. The density of the subdivision is physically suitable for the proposed density of development; lC 5. The design of the subdivision and the type of associated improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to the recordation of the Final Map. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. General Provisions 1. This approval is for a Planned Unit Development District for single family residential development of a maximum of six lots, identified as Osborn Estates. Except as may be modified by conditions contained below, development shall be substantially as shown on the second revised project drawings labeled "Osborn Estates - Tentative Map - Subdivision 7196/ PUD 89-1 Rezoning," consisting of two sheets prepared by Humann Company, Inc., dated received by the Planning Department on March 9, 1989 and three sheets of architectural drawings prepared by Mageloff Design and dated received by the Planning Department on March 9, 1989. a. Lots 1 and 4 shall be reduced in size for the purpose of widening the 20' access easement to provide an additional 8' wide tree planter area along the length of the private lane on the west property line between the subject parcel and the Larsen Day Care parcel. b. The residences on Lots 1 and 4 shall be rotated 180 degrees to orient the fronts of these residences toward the court serving Lots 1 thru 4. The revised plan reflecting the replotting of the residences, driveways and architectural changes if any, shall be reviewed and approved bythe Planning Department prior to recordation of a final map. c. The frontage of Lots 5 and 6 are authorized to be reduced to 90' width if determined necessary to provide for the relocation of the Osborn House on Lot 6 in a manner which observes the minimum yard setback requirements. 2. The developer shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee ~hedule in c££e~t 2C at the time the relevant permits are secured. Notice should ben taken specifically of the Park Dedication Fee (to be collected upon issuance of building permits) and the drainage acreage fees as established by the Contra Costa County Flood Control District. 3. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of October 13, 1988. 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, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. 5. Construction and grading operations, delivery of construction materials, and warming up and repair of grading and construction equipment shall be limited to weekdays (Emndaysthrough Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the city Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing at the site during project construction. 6. All physical improvements shall be in place prior to occupancy of any structure in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction Phasing Plan approved by the Planning Department. No structure shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. B. SITE PLANNING 1. The land uses and minimum dimensional ~tandards and 3C requirements for the principal and accessory structures on the lots in the subject project shall be consistent with the R-10; Single Family Residential District standards, as established by the Town Zoning Ordinance, except as follows. a. Lot sizes shall be substantially consistent with those shown on the Revised Tentative Map dated March 1989, and shall not be less than 9,500 square feet. b. The land uses and minimum setback standards for principal and accessory structures of those lots shall be generally as provided in the R-10; Single Family Residential District. Building to building sideyard separations shall be a minimum of 20 feet. Deviation from these standards shall be subject to administrative review and approval of the Chief of Planning. 2. The individual air conditioning condensers serving each unit in this project shall be ground mounted, shall be located behind residential fencing and shall be situated so as to maintain a minimum 5 foot clear and level passage on side yards. 3. For purposes of unit siting, the following criteria shall apply: a. Front yard setbacks shall be varied to create additional visual relief. b. Sideyard fencing shall be located so as to combine sideyard areas with front yard to the greatest extent practicable. c. On corner lots, (Lot 4) the secondary setback streetside sideyard shall be a minimum of 15 feet. 4. The following adjustments shall be made to the Tentative Map: a. All storm drain water shall discharge into Green Valley Creek and not to Diablo Road. b. The high point on the private street shall be revised so all water drains into the site. c. The private access easement shall be modified to include the area onLot 1 containing the proposed monument ~ignag¢ wall for future maintenance of said 4C wall. 5. A 50' wide public trail access easement shall be dedicated to the Town of Danville as part of the Planned trail system on Green Valley Creek. The easement shall be located at the top of the bank along Lots 5 & 6 on the south side of Green Valley Creek. The easement shall be reflected on the Final Map. 6. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. C. LANDSCAPING 1. The landscape plan for this subdivision shall include a landscape plan for front yard landscaping for Lot 6 containing the historic Osborn House. Special attention shall be addressed when designing a plan to be compatible with the historic structure. 3. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 4. Street trees shall be supplied at a ratio of two trees per lot. The type of trees utilized shall be subject to final review and approval by the Planning Department. 5. All existing trees on the site shall be preserved to the extent practical. All evergreen trees are to remain. 6. Existing trees within the flood control easement for Green Valley Creek shall be preserved to the extent practicable. Removal of trees will be allowed only upon receipt of written approval of the Planning Department. D. ARCHITECTURE 1. The proposed design of the residence developed on LOt 6 in this project shall be submitted for review and approval by the Heritage Resource Commission a minimum of 60 days prior to submitting for building department plan check. The primary residence shall be sited and elevated to be in harmony with the historic Osborn House, proposed to be an accessory structure on this lot. 2. The architectural plans submitted are approved as part of this application. The Planning Department shall have review authority over minor change= to these plans. Any 5C substantial changes will require review and approval by the Design Review Board. The units shall be designed in accord with the following criteria: a. All four exterior elevations of each unit shall be architecturally dimensioned, trimmed and detailed similar to front elevations. Trim material around doors and windows shall be a minimum of 1 5/8" thickness. b. Approved spark erresters shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. c. Fire retardant roof material shall be applied on all new residences as required by the San Ramon Valley Fire Protection Department. 3. Street numbers for new residences developed in this project shall be posted so as to be easily seen from the street at all times, day or night. 4. All development and construction on the site shall be consistent with Danville's Residential Development Standards. 5. Prior to issuance of building permits, samples of final colors and materials selected for each structure shall be submitted to the Planning Department for review and approval. The use of masonite, pressboard or their equivalent is expressly prohibited. 6. The entry monument signage shall be subject to review and approval by the Planning Department. 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 Chief Building official and employed at all times as conditions warrant. 3. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineerin~ recommendations 6C outlined in the project specific soils report shall be incorporated into the design of this project. 4. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. 5. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and depositing of sediments, except as may be authorized in writing by the City Engineer. 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 Town of Danville to ensure restoration of the site to stable and erosion resistant state if the project is terminated prematurely. 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. 2. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval 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. 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. 6. All improvements within the public right-of-way, shall 7C be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time project Improvement Plans are submitted, the developer shall supply to the City Engineer an up-to-day Title Report for the subject property. The improvements on the Diablo Road frontage shall include, but are not limited to, installation of two electroliers, curb returns and sidewalk and handicapped ramps on both sides of the private road. 7. The interior subdivision street shall be developed as a private roadway and shall contain 20' of pavement within a 24' right of way. The portion of street located between Lot 3 and 4 shall contain a minimum paved width of 16' unless otherwise approved by the San Ramon Valley Fire Protection District. 8. Proof shall be furnished to the City Engineer of the acquisition of all necessary right of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. 9. Prior to recordation of a Final Map, this subdivision shall mitigate offsite traffic impacts by one of the following methods: A. Payment of cash to the Diablo/E1 Cerro/Green Valley Traffic Mitigation Fee of approximately $8,000.00 per new single family residential unit. The actual amount will be determined at the filing of the Final Map and will be calculated based on best available cost estimates and unit participation. B. This subdivision may become a participant in the proposed "Magee-Rassier" Assessment District which will finance the traffic mitigation improvements. C. If the "Magee-Rassier" Assessment District is formed and a benefit district is created, this subdivision shall pay its applicable fee in lieu of option A above. For purposes of calculation of per unit road improvement fees, this project shall be assessed for the five new residentially developed lots. The Historic Osborn House occupying the site is currently utilized as a residential unit and will be used as an accessory structure when the new subdivision is constructed. The lit which the Historic Osborn House occuDies shall not be assessed any per unit road improvement fees. 8C G. 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. 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. 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 or at lease double the depth of the storm drain. 10. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/oreasements for the construction of off-site temporary or permanent road and drainage improvements. Electrical, gas, telephone, and Cable TV services, shall be provided underground in accordance with the City policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 11. All utilities required to serve the development shall be 9C installed underground. 12. All public improvement plans shall be prepared by a licensed civil engineer. 13. The developer shall mitigate the impact of additional stormwater runoff from this development on the San Ramon Creek watershed by either of the following methods: a. Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of offsite by the developer at his cost. The site selection, land rights, and construction staking will be determined by the Flood Control District. OR, AT THE OPTION OF THE DEVELOPER, b. Contribute to the County Deficiency Development Fee Trust (Fund No. 812100-0800) a drainage fee of $0.10 per square foot of new impervious surface area created by the development. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 14. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of any proposed construction project that may affect streams in accordance with Section 1601 and 1602 of the Fish and Game Code. If the subdivision is subject to requirements by the Department of Fish and Game, the developer shall submit with the improvement plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Fish and Game Department shall be noted or shown on the construction plans and shall be submitted to the Town for review and approval. Such review and approval shall be obtained from the Town prior to the filing of the Final Map. 15. A flood control drainage study for Green Valley Creek to convey 3750 cfs flow, shall be completed at the d~veloper's cost prior to Final MaD approval for the 10C project. The developer shall complete the recommended channel improvements contained in the study, or as required by the Contra Costa County Flood Control subject to review and approval by the City Engineer and Chief of Planning. The trees and vegetation within the Green Valley Creek shall be preserved to the greatest extent feasible. Alternate methods should be explored, if necessary, to accomplish maximum preservation of vegetation. H. Special Conditions 1. Relocation of the Osborn House shall be substantially as shown on the Revised Tentative Map dated received by the Planning Department on March 9,1989. 2. Relocation and Restoration of the historic Osborn House shall be completed prior to the recordation of the Final Map. This entitlement authorizes an exception from Ordinance No. 128 allowing movement and exterior restoration of the Osborn House, an identified historic structure. Relocation of the Osborn House is to be done in anticipation of a future Lot Line Adjustment, Land Use Permit and Variance applications to establish the unit as a second dwelling unit on APN: 196-290-012. 3. This approval sanctions the proposed lot line adjustment adjusting the westerly property line approximately 46' in an easterly direction between the subject parcel and the Larson parcel APN 196-290-012. 4. All building permits must be secured, the structure relocated and restoration complete prior to recordation of a Final Map. 5. The structure is subject to restoration consistent with the Secretary of Interior's Standards for Historic Preservation Projects and the California State Historic Building Code. 6. Prior to recordation of the Final Map, the developer shall submit evidence of a recorded road maintenance agreement providing for ongoing maintenance if the private roadway, monument wall signage, and private drainage systems. This agreement shall be subject to review and approval by the City Attorney prior to recordation. 11C 7. If the future proposed lot line adjustment between the subject parcel and APN 196-290-012 (Larsen) does not occur the Osborn House shall be utilized as ancillary living area to the principal residence developed on Lot 6. If the Osborn House is to be utilized as accessory living space for the primary residence, then the two single story non-historic additions, containing the kitchen and laundry room on the nDrth elevation, shall be removed as part of the unit's restoration. Exterior modifications to the unit made in conjunction with the removal of the non-historic additions shall be subject to review and approval by the Heritage Resource Commission. Any additional modifications/additions proposed shall require review and approval by the Heritage Resource Commission. To facilitate the review of the unit's location, the developer shall detail the preliminary footprint for the future residence on Lot 6 and the footprint of the existing Larson residence on APN 196-290-012. The HRC shall also review the precise citing of the unit. 8. Prior to recordation of the Final Map, the developer shall record a cross vehicular and pedestrian access agreement for the internal road network developed in this project. The agreement shall be subject to review and approval by the City Attorney prior to recordation. Additionally a shared access easement agreement providing for the shared access and maintenance of the driveway between Lots 5 and 6 shall be recorded prior to recordation of a Final Map. 9. When at such time the Town adopts a Heritage Preservation Ordinance and this structure is nominated for designation as a heritage resource, the applicant shall grant written permission to the Town to allow such occurrence. An approved covenant binding the owners, successors, and assigns to this condition will be a deed restriction, running with the land andSall subsequent conveyances of the subject property. ppmm29 12C EXHIBIT D MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE LEAD AGENCY: Town of Danville Planning Department NAME OF PROJECT: PUD 89-1 & SD 7196 Osborn Estates PROJECT LOCATION: A 2.3 acre property located at 928 Diablo Road, approximately 180 southwest of the intersection of Matadera Road. PROJECT DESCRIPTION: Preliminary and Final Development Plan and Tentative Map requests for a proposed 6 lot subdivision involving 2.3 acres of property on the north side of Diablo Road. ENVIRONMENTAL EFFECTS: The five areas listed below have been identified as creating significant environmental impacts: 1. Potential Loss of a Historic Structure 2. Identification of Channel Improvements within Green Valley Creek 3. Potential Tree Loss 4. Circulation/Traffic Hazards 5. Recreation Trail Plan MITIGATION MEASURES: Through the redesign of the subdivision, three of the potential impacts referenced above have been mitigated. The historic structure contained on the property is to be relocated and restored in an area shown on the tentative map. A binding agreement has been provided by the developer and conditions of approval have been drafted to insure the restoration. The developer has provided the Town with a binding 13C agreement to fund a hydraulic study and insure the improvements to the Green Valley Creek to the satisfaction of the Contra Costa County Flood Control, the City Engineer and Chief of Planning. The potential tree loss on the site has been mitigated through redesign of the subdivision to save the large evergreen trees and the cluster of locust trees in the median cul-de-sac landscape median. Further mitigation measures have been addressed through Conditions of Approval binding the developer to replant the median should the trees be lost to disease within one year of completion the referenced road improvements. Through subdivision redesign, intersection alignment has been accomplished mitigating potential traffic hazards. The revised tentative map reflects an offer of a 50 foot public access trail easement to the Town of Danville. DETERMINATION: The project, as now proposed will not have a significant adverse impact on the environment. The project conditions of approval and a letter dated February 6, 1989 from the developer will serve to establish a binding commitment by the project developer that addresses and mitigates potential cumulative impacts. The Initial Study was prepared by the Planning Department, Town of Danville. Copies of the Initial Study may be obtained at the Town offices located at 510 La Gonda Way, Danville, California 94526. ATTEST: Kevin Gailey Principal Planner ppmm29 14C