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HomeMy WebLinkAbout89-11 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Rezoning of Property ) Ordinance No. 89-11 from A-2; General Agriculture ) 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 15.1 ± acre parcel located on the south side of Camino Tassajara, approximately one-half mile east of Crow Canyon Road (Assessor's Parcel Number: 206-020-057) as shown on the attached Attachment A is rezoned from A-2; General Agriculture District to P-l; Planned Unit Development Distrcit. Rezoning is based upon the findings and conditions contained in Attachment B. 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 becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the Town Council of the Town of Danville held July 17, , 1989 and was adopted and ordered published at a meeting of the Council held on August 7, , 1989, by the following vote: AYES: GREENBERG, RITCHEY, SCHLENDORF NOES: NONE ABSTAIN: NONE ABSENT: JAGGER, LANE MAYOR ATTEST: APPROVED AS TO FORM: ARTM10 ATTACHMENT B ( FINDINGS AND CONDITIONS OF APPROVAL PRELIMINARY AND FINAL DEVELOPMENT PLAN -- PUD 89-5 VESTING TENTATIVE MAP -- SD 7321 FINDINGS The Town of Danville hereby finds as follows in support of the Preliminary and Final Development Plans: 1. The proposed Planned Unit Development is consistent with the Danville 2005 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. The development will mitigate off-site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town; 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 based on the following specific findings. a. Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR) including mitigation measures for the project, b. Pursuant to these mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigations, and c. Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) that feasible mitigation measures and alternatives developed in the EIR for the Dougherty Road Area General Plan Amendment have been incorporated; (2) that subsequent changes in the project including relocating the proposed community park site do not require important revisions of the prior EIR; (3) that there has not been substantial changes with respect to the circumstances under which the project is undertaken which require important revisions of the prior EIR; and (4) no new information of substantial importance to the project has become available which would require an additional EIR. J Cl ! The Town of Danville hereby finds as follows in support of the Vesting Tentative Subdivision Map: 1. The proposed map is consistent with the Danville General Plan and is consistent with the Preliminary and Final Development Plans for the project; 2. The design and improvements of the proposed subdivision is consistent with the Danville General Plan, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife; 3. The design of the subdivision or type of improvements is not likely to cause serious public health problems; 4. The site is physically suitable for the proposed density of development; 5. The design of the subdivision or the type of 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 recordation of final map for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL 1. This approval is for a single family residential development containing a maximum of 40 units encompassing approximately 15.1 acres. The subject site is identified as Assessor's Parcel Number 206-020-057. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Vesting Tentative Map for Subdivision 7321 prepared by Majors Engineering, Inc. dated May 22, 1989. b. bas of Danville drawings consisting of 32 sheets, prepared by Omega Architectural Group dated November 11, 1988 and revised May 10, 1989. c. Conceptual Landscape Plan for bas of Tassajara II prepared by Majors Engineering, Inc. c2 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 schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the Park Dedication Fee (to be collected upon issuance of building permits), the Child Care Fee 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 May 9, 1989. 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 of grading and construction equipment 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. 6. If the developer intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address off-site improvements erosion control, and project grading to be installed in conjunction with each phase. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 7. Except as provided for within these conditions of approval, land u~¢ r¢~ul~tion~ p~rt~inln~ to %hls ( c3 property shall be as provided under the R-6; Single Family Residential District 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. Parcel A shall be offered for dedication to the Contra Costa County Flood Control District. If the offer of dedication is not accepted, the developer shall comply with requirements of the Flood Control District and with Chapter of 914-14 of Contra Costa County Ordinance No. 89-28 which pertains, in part, to drainage easements, ingress easements, and structure setbacks. 3. Parcels C through O shall be transferred to the owners of the adjacent westerly parcels concurrent with recordation of the final map for the subject subdivision. Said transfer shall be by an instrument acceptable to the City Engineer. 4. Parcel B shall be owned and maintained by the homeowner's association for the subject subdivision. 5. An easement shall be established on the instruments of transfer for Parcels C through O which prohibit the construction of structures, other than fences, and grading on Parcels C through O. 6. A pedestrian trail shall be developed to provide a link between the subject subdivision and Subdivision 7135. The trail shall extend from southeastern "knuckle" adjoining Lot 23 and shall follow a southeasterly direction within Parcel B. The design of the trail shall be coordinated with the developers of Subdivision 7135. The trail shall extend to Cloverbrook Drive. A final trail plan shall be submitted in conjunction with the final landscaping plans for review and approval of the Planning Department. The trail shall be located no closer than ten feet to a property line adjoining a residence, except at the trail connection to the loop road of the subject subdivision. The trail shall be moved in a westerly direction from the location shown on the tentative map. The trail shall be a minimum of six feet wide and be constructed of concrete or asphalt. If asphalt is used, edge boards shall be provided on each side. A three foot wide band of turfblock or similar material shall be provided along one side of the trail to provide sufficient width for maintenance vehicles. The trail I C4 shall also serve as emergency vehicle access to the satisfaction of the San Ramon Valley Fire Protection District. Devices shall be installed at the entrance to the trail to prevent unauthorized vehicular access. An pedestrian access easement shall be recorded of the trail area to allow public use of the trail. 7. The northerly property line of Parcel 0 shall be the westerly continuation of the northerly property line for Lot 7. 8. The location and means of screening of ground-mounted air conditioning units shall be subject to review and approval by the Planning Department. 9. The northeast corner of Lot 23 shall be moved approximately ten feet to the west to accommodate the pedestrian trail. The overall width of the lot is not required to change. C. LANDSCAPING 1. Final Landscape and Irrigation Plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Department. The plan shall include common names of all plant materials. The landscape plan and irrigation plans shall address the following planting areas: Front Yards: The landscape design shall be compatible with the landscaping utilized for Subdivision 7136. Side Yards: Side yards which adjoin a street shall be landscaped consistent with the Subdivision 7136. Parcel B: The slope areas shall be planted with hardy, low-maintenance plant materials, including trees. A minimum of one tree shall be provide per 1000 square feet of landscape area. Dense shrubs shall be installed between the pedestrian trail and residential properties. Low level security lighting shall be installed along the trail. A security fence shall be installed between the trail and the properties to the east. Landscaping along the trail shall be coordinated with the C5 design utilized on Subdivision 7135. Parcels C - O: The landscape design shall include two trees shall be planted per parcel. Camino Tassajara: Landscaping within Camino Tassajara median, parkway and the required landscape easement shall be consistent with the Sycamore Valley Specific Plan Area. The plan is subject to review and approval by the Planning, Engineering, and Maintenance Departments. Slopes: All slopes shall be landscaped with hydroseeding. 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Trees shall be provided with a drip irrigation system which may be abandoned when the trees have been established. 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 existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Department. 5. A landscape easement 30 feet minimum in width shall be established abutting the Camino Tassajara frontage. This project shall participate in a 1972 Act Landscape and Lighting Maintenance District. 6. The developer shall submit a comprehensive fence and wall plan for review and approval by the Planning Department prior to issuance of building permits. The plan shall show the type, height, and location of all walls and fences and shall comply with the following requirements: Camino Tassajara: The developer shall install a masonry architectural sound wall along the northerly property line of Lots 1 through 6. The wall shall also extend along the western perimeter of Lot 6. The wall shall transition to Lot 1 of Subdivision 7136. The sound wall shall match the design of the walls along Camino Tassajara ! C6 within the Sycamore Valley Specific Plan Area. Parcels C - O: The westerly eight foot fence section may be solid wood fencing. All other fences on these parcels shall be limited to open-type fencing. Street side fences: Side yard fences or walls adjacent to streets shall be setback a minimum of 10 feet from the back edge of the sidewalk. Where the side fence adjoins the front yard of a unit, the side fence shall be setback a distance sufficient to allow adequate visibility of the street from the driveway of the adjoining lot. 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). 2. The street numbers of all residences shall be posted so as to be easily seen from the street at all times, day and night. 3. If signing for the development is desired, in addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate sign review application. 4. Prior to the issuance of a building permit, samples of final colors shall be reviewed by the Design Review Board and forwarded to Town Council for approval. 5. A comprehensive unit plotting plan for each phase of development shall be submitted for review and approval by the Planning Department prior to issuance of building permits. The units shall comply with the following setback and plotting requirements: a. Setback and plotting requirements shall be as established R-6; Single Family Residential District standards, except as may be modified herein. C7 i b The front setback for Plan 3134 shall be 25 feet minimum. c. Minimum of 475 feet between duplicate front elevations on the same street. d. Minimum of 20 feet between two-story gable end side elevations shall be provided. e. A minimum of 20 feet of usable rear yard area shall be provided for each lot. The usable rear yard area shall not include slopes. f. If the side slope between lots exceeds five feet in height (based on building pad elevations), the setback from the bottom of the slope shall be five feet and the setback from the top of slope shall be ten feet. g. On opposing corner lots, at least one unit shall be a single story design. Single story unit are encouraged on corner lots to the greatest extend possible. h. Single story houses shall be interspersed appropriately to provide variety in the streetscape. A minimum of five single story units shall be constructed in the subdivision. i. Units with 25 foot front setbacks shall be distributed throughout the project to provide a varying front setbacks between units. The 25 foot front setback shall be utilized on lots with sufficient depth to accommodate the increased setback. This condition shall not apply to Plan 3293. 6. Trim and detailing on the units shall match the plans approved by Planning Commission for "bas of Danville" (PUD 86-3 and SD 6878) on October 20, 1989. E. GRADING 1. The tentative map indicates that grading work will be required off-site of the subdivision. Grading on adjacent properties will require written approval of those property owners affected. Written approval shall be submitted to the City Engineer. The Town will not authorize the use of eminent domain powers for off-site grading work. i c8 ( 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 engineering recommendations outlined in the project specific soils report shall be incorporated into the design of this project. The development shall comply with the recommendation contained within the Preliminary Geologic Study prepared by Hallenbeck and Associates, dated May 15, 1989. 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. The developer shall diligently pursue permission from the owner of Lot 4 of Subdivision 6878 to allow off-site grading to improve the grading transition adjacent to the westerly boundary of Lot 6 of the subject subdivision. 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 s]~all 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.  C9 ( 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, including curb, gutter, sidewalks, driveways, paving and utilities, shall 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-date Title Report for the subject property 7. The interior radius of the street "knuckles" shall be increased to 28 feet. 8. The developer shall participate in the Crow Canyon Road Extension Fee Benefit Area in accordance with City's Joint Exercise of Powers Agreement with County dated February 10, 1987 and any subsequent actions in furtherance thereof. Developer shall pay to Town the Fee Benefit Area fees prior to the approval of a final map. The developer shall pay the Fee Benefit Area fees in effect at the time of approval of a final map and said fees shall be deposited into a separate account entitled "Crow Canyon Road Extension-Area of Benefit" (Account No. 076-000.000-003.019) for transfer to County and reimbursement to Blackhawk. If the amount of the reimbursement to the Crow Canyon Extension Fee Benefit Area is increased beyond $1920, the $5377 average dwelling unit fee is increased by an amount equal to the increase of the reimbursement fee over $1920. The remaining portion of the fee after transfer to the County shall be used for other Circulation-related improvements within the Cities of Danville and San Ramon and the County including the grading and drainage costs associated with realignment of the Bettencourt curve. Pursuant to Government Code Section 53077.5, the Town of Danville has established a proposed construction schedule and separate account numbers for all improvements to be made. 8. Camino Ta~sajara improvements shall be constructed by the C10 developer as follows: ( a. dedication of Camino Tassajara to the Town as a Major Arterial with a 64 foot wide, one-half street right-of-way to the satisfaction of the City Engineer. b. Landscaping improvements within and adjacent to the right-of-way consistent with landscaping within the Sycamore Valley Specific Plan c. pedestrian and bicycle circulation improvements consistent with those on the south side of Camino Tassajara within the Sycamore Valley Specific Plan Area. d. street lighting consistent with the spacing and fixture type selected for the Sycamore Valley Specific Plan. e. construction of a median along the street section 9. Conditions of this approval require the payment of a traffic mitigation fee on a per unit basis to be used for construction of certain roadway improvements within the Town of Danville, the City of San Ramon and unincorporated portions of Contra Costa County, with the specific intent of maintaining a minimum level of service at mid-range 'D' traffic conditions at all locations within Danville where traffic improvements are to be funded by the above cited traffic mitigation fees. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured. The developer may at his option accelerate payment of the traffic mitigation fees in order to provide the Town with the necessary funding to construct the improvements. 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 En$~neer of the Contra Costa County Flood Control Cll District. t 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 comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 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. 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. 12. All utilities required to serve the development shall be installed underground. 13. All public improvement plans shall be prepared by a licensed civil engineer. 14. The project lies within County Drainage Area 101A. The developer shall pay a drainage fee of $0.20 per square foot of impervious surface. 15. The developer shall notify the Department of Fish and Game, P.O. Dox 47, Yountville, California 94599 of any ' C12 - proposed construction project that may affect streams in ( accordance with Section 1601 and/or 1602 of the Fish and Game Code. If the subdivision is subject to requirements of the Department of Fish and Game, the developer shall submit with the Project Improvement Plans a letter from the Department of Fish and Game which indicates the Department's requirements. Requirements by the Department of Fish and Game shall be noted or shown on the construction plans. H. MISCELLANEOUS 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. 2. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. 3. This project shall be annexed into the homeowner's association established for Subdivisions 7132, 7133, 7134, and 7135. Homeowners within the subject project shall have full access to all active recreation facilities available to homeowners of the previously cited subdivisions. 4. Based upon mitigation measures contained in the aforementioned EIR, the developer shall prepare and submit an acoustical study addressing noise impacts generated by Camino Tassajara prior to approval of the Final Map. The study is subject to review and approval of the Planning Department. The developer shall comply with the recommendations contained in the study. ARTMll 4 C13