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HomeMy WebLinkAbout89-14BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Rezoning a portion of Property ) from R-20; Single Family Residence ) District to R-12; Single Family Residence ) District and Amending ) the Zoning Map of the Town ) ) Ordinance No. 89-14 The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That lots 1-4 of SD 7177 located at 256 Pulido Rd. (Assessor's Parcel Number: 195-080-022) is rezoned from R-20; Single Family Residence District to R-12; Single Family Residence District. Rezoning is based upon the findings and conditions contained in Attachment A. SECTION 2. 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 November 9, 1989 and was adopted and ordered published at a meeting of the Council held on November 20, 1989, by the following vote: AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST MAYOR ATTACHMENT A FINDINGS AND CONDITIONS OF APPROVAL REZONING 88-6 AND TENTATIVE MAP SD 7177 - HOPE LANE HEIGHTS 256 Pulido Road APN: 195-080-022 FINDINGS The Town of Danville hereby finds as follows in ~upport of the Rezoning to a R-12; Single Family Residential District: The proposed rezoning to a R-12; Single Family Residential District is consistent with the Danville 2005 General Plan; The proposed 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; The proposed development will mitigate off-site traffic impacts through the assurance of off-site improvements in a manner acceptable to the Town; The uses authorized under this rezoning action are compatible with uses authorized in the adjacent zoning districts. The Town of Danville Planning Commission hereby finds as follows in support of the Tentative Map: The proposed subdivision is consistent with the Danville 2005 General Plan; The design of the subdivision and the type of associated improvements will not cause significant environmental damage or substantially and voidably injure fish or wildlife or their habitat; The design of the subdivision and the type of associated improvements will not likely cause serious public health problems; The site is physically suitable for the proposed density of development; 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; A Negative Declaration of Environmental Significance has been adopted for the project, indicating that there are no significant impacts anticipated to be associated with the project. The Negative Declaration satisfies the requirements of the California Environmental Quality Act (CEQA). 1C Conditions of Approval Unless otherwise specified, the following Conditions shall be complied with prior to the recordation of the Final Map or the issuance of a Grading Permit. Each item is subject to review and approval by the Planning Department unless otherwise specified. General Provisions This approval is for a single family residential development of a maximum of six lots, covering the 3.4 acre property identified as 256 Pulido Road. Development shall be generally as shown on the Tentative Map, SD 7177 "Hope Lane Heights" dated July 1989 and received by the Planning Department on July 6, 1989. 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 Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee, per unit daycare fees per Ordinance # 89,2, and the drainage acreage fees as established by the Contra Costa County Flood Control District. If extraordinary off-site fees are paid or traffic improvements are made which exceed the amount of the residential TIP fees, the Town will consider waiving the fees. 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 developer is referred to the Fire District's preliminary comments on this project, as cited in their January 6, 1989 and March 14, 1989 transmittals. 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. Construction and grading operations and delivery of construction materials, and warming up of grading and/or construction equipment shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the 2C City Engineer. The Tentative Map shall be deemed approved upon rezoning the site to R-12; Single Family Residential District. The filing of final maps for the project may be phased to allow an initial final map creating Lot 6 separate from the remainder of the project (as a ~irst phase of a two-phase final map recordation process). Approval to record the initial final map to create Lot 6 is contingent upon the developer designing and installing interim drainage improvements, to the satisfaction of the City Engineer, to correct the historic drainage problems of the area, as contributed by storm water flowing from and through the subject property. # Site Planning Air conditioning condenser units shall be ground-mounted, shall be located behind residential fencing and shall be situated so as to maintain a minimum 3' clear passage area on side and/or rear yards. Lots 1-4 shall be developed in a manner consistent with the R-12; Single Family Residential District standards. The remainder of the site, Lots 5-6, shall be developed according to the R-20; Single Family Residential District standards. If variances are necessary in order to achieve R-12 standards, an administrative variance process shall be required. The project final grading, pad elevations and utility connections shall be coordinated with the Final Map and Final Grading Plan for the adjacent development to the southwest, (W.S.I. SD 7240). Provisions for all utility services extending from SD 7240 shall be shown on the Final Map. The developer shall diligently pursue acquisition of the remnant triangle (with legs of 30' and 50') located on the north side of Hope Lane adjacent to proposed Lot 1. If the developer is successful in securing this area, it shall be incorporated into Lot 1. A 25 foot minimum setback from the west boundary of Lot 1 shall be observed for residential development of that lot. Lot 3 shall maintain a minimum 30 foot front yard setback to the garage. The present retaining walls shall be removed and/or replaced by new ones depending on the recommendations by a soils engineer. The final design of all retaining walls shall be subject to review and approval by the 3C Planning Department. C. Landscaping Street trees shall be supplied at a minimum ratio of two trees per lot. The type of trees utilized shall be subject to final review and approval by the Planning Department. ' All street trees shall be a minimum of 15 gallon container size and shall be double staked. The existing on-site trees shall be retained as shown on the Tentative Map referenced in Item A.1. above, plus all six of the existing redwood trees located on the downhill side of Lot 5 (but not shown on the Tentative Map) shall be preserved. No trees on the site shall be removed, except those so designated on the above referenced plan, without the written approval of the Chief of Planning. Hillside areas requiring recontouring shall be done with as minimal disruption to the hillside as possible. These areas shall be hydroseeded and left in a natural state. The developer shall remove the existing brick columns located at the end of Pulido Road and replace them with a new entry statement and fencing plan. The Final landscape plan for the site shall include additional landscaping along the downhill slope of Lot 6 to visually screen the existing residence and to ensure slope stability of the hill. D.Architecture The single family units developed on the site shall be subject to review and approval by the Design Review Board and shall be designed in accord with the following design criteria: The same unit, with a matching architectural elevation, shall not be utilized twice in the project. 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. Substantial variation shall be included in the roof lines proposed for each unit. White stucco finishes and/or red tile roofs are discouraged in favor of beige or earthtone colors. 4C Approved spark arresters shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. Prior to the issuance of building permits, samples of final colors and materials selected for the project shall be submitted to the Planning Department for review and approval. The use of masonite, pressbbard or their equivalent is expressly prohibited. The existing house on Lot 6 shall be repainted an earthtone color. The final color pallet for all buildings on the lot shall be subject to review and approval by the Design Review Board. All development and construction on the site shall be consistent with Danville's Residential Development Standards. Lots 1,2, 3, 4, & 5 shall be developed in accordance with Danville's Hillside/Ridgeline Guidelines and shall not at any one point exceed 28 feet in height from the finished grade. Lot 1 shall be developed primarily as a one story house with no two story walls. The maximum height of the residence shall not exceed 28 feet. Lots 3, 4, & 5 shall be designed with special attention to the downslope elevation to minimize bulk and height. The Planning Commission and Design Review Board shall have final review and approval of the site development and architecture for Lot 5 prior to approval of the Phased Final Map encompassing Lot 5. Grading Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. Such grading requires written approval, submitted to the City Engineer, of all affected property owners. 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. 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. All exposed erodible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by the developer by October 15. 5C 10. 11. 12. 13. Development shall comply with the recommendations contained within the Preliminary Soils investigation report prepared by EMAT, dated October 14, 1988 and if determined necessary by the City Engineer, the developer shall authorize further a soils investigation to examine, but not be limited to, the evaluation of the existing retaining walls intended to remain on-site. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil and geologic investigation report, or where such conditions warrant changes to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site for hazards of land slippage, erosion, settlement and seismic activity. 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 City of Danville to ensure restoration of the site to stable and erosion resistant state if the project is terminated prematurely. All grading plans shall be accompanied by erosion control and revegetation plans. The soils engineer shall sign the final grading plans. Each lot shall be so graded as not to drain on any other lot or adjoining property prior to being picked up by an approved drainage system. The developer shall confer with the Town Engineer prior to the preparation improvement plans in order to determine appropriate measures to control rear yard, patio area, and down spout drainage of the lots within the project. Provisions shall be made to protect the subdivision improvements from offsite runoff via interceptor ditches, or similar facilities within the development. The Final Grading Plan shall include the removal of the existing retaining walls and driveway that traverses the site and recontouring of the areas impacted to establish a natural appearing contouring of the hillside. All cut slopes shall be investigated both during and after grading by an engineering geologist to determine if any slope stability problem exists. Should the excavation disclose any geologic hazards or potential geologic hazards, the engineering geologist shall recommend necessary treatment to the City Engineer. 6C 14. All fill areas shall be under the continuous inspection and approval of the soil engineer. A compaction report and certificate of compliance shall be submitted to the Engineering Division upon completion of the work. 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. All street signing shall be installed by the developer as required by the Town. 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. Developer shall be requested to install a "not a through street" sign on Hope Lane as part of the improvement plans for this subdivision. The developer shall keep adjoining public streets free and clear of project dirt, mud, materials and debris during the construction period, as is found necessary. by the City Engineer. The developer shall be responsible for corrective measures at no expense to the Town of Danville. Construction fencing shall be supplied as required by the City Engineer if determined necessary, to provide public safety. Handicapped ramps shall be provided and located as required by the City Engineer. Any damage to existing public or private street improvements resulting from project construction 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. The developer shall be responsible for Diablo/E1 Cerro/Green Valley Road Traffic Mitigation. This subdivision shall mitigate off-site traffic impacts by one of the following methods: Payment of cash to the Diablo/E1 Cerro/Green Valley Traffic Mitigation Fee of approximately $9,200.00 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. This subdivision may become a participant in the proposed "Danville Northeast Roadway Improvements Assessment District" which will finance the traffic mitigation improvements. 7C 10. 11. 12. If the "Danville Northeast Roadway Improvements Assessment District" is formed and a benefit district is created, this subdivision shall pay its applicable fee in lieu of option a. above. 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. The proposed extension of Hope Lane shall be adjusted northerly as much as possible (while still maintaining a minimum 75 foot centerline radius) in order to further minimize the upslope grading required along the southerly boundary of the site on APN: 195-080-021. The portion of Pulido Road located within the subject subdivision and within Assessors Parcel APN: 195-080-021 shall be privately maintained. A street name sign identifying Pulido Road as a private street shall be installed at the terminus of the publicly maintained portion of the street. Evidence of an agreement to maintain Pulido Road by the properties utilizing the private street shall be provided to the CIty Engineer prior to recordation of the Final Map. Hope Lane to Green Valley Road shall be designed and constructed by the developer as a 30 foot wide curb-to- curb public street with parking to be located on the north side of Hope Lane. The design section will include an offset crown to allow for a future street width of 36'. The final design of the structural section shall be subject to review and approval by the City Engineer and may include partial overlay of the existing street. All street drainage and utility connections for this subdivision shall be within the Hope Lane right-of-way and shall conformwith the future design criteria of Hope Lane. NOTE: Hope Lane is currently a private street within a 28 foot right-of-way which has been offered for dedication, but not accepted by the Town. That portion of Hope Lane lying within the subdivision boundaries and across Assessors Parcel 195-080-021 shall be developed within a 45 foot right-of-way according to the following standards. Parking shall be permitted only along the cul-de-sac and along the south side of the street. The Town reserves the right to accept the Hope Lane extension when the remainder of Hope Lane is 8C 13. 14. improved to Town standards and accepted. Construct the curb and gutter on both sides of the 30 foot wide street, 15 feet from the centerline. Construct a 4 foot wide sidewalk on the south side of the street and around the entire cul-de-sac bulb. Install one street light (locatign subject to Engineering Division approval). Construct the entire street structural section from curb-to-curb. Install the cul-de-sac with the curb face on a 35 foot radius. Install storm drainage facilities as seemed necessary by the Engineering Division. Hope Lane shall ultimately be developed as a 36' wide curb-to-curb public street after the improvements for SD 7240 (or its successor) are installed. Access for this subdivision shall be from Green Valley Roadvia Hope Lane on an interim basis. Ultimate access to Lots 1-4 of this subdivision shall be via the roadway installed in conjunction with the development of SD 7240 and SD 7092. An Emergency Vehicle Access (EVA) at the intersection of Green Valley Road and Hope Lane shall be installed by the developers of SD 7240 after SD 7092 is developed. Access to Green Valley Road via Hope Lane will then be eliminated. The developer of this subdivision shall provide deed notification to all prospective homeowners of Lots 1-4 that Hope Lane will eventually be closed at Green Valley Road upon completion of all public improvements for SD 7240. Both the proposed extensions of Hope Lane and Pulido Road must cross property not under the control of the subdivider. If the subdivider does not acquire the necessary rights to cross this property, the Subdivision Map Act requires that the Town of Danville act on behalf of the developer to acquire the necessary rights for the subdivider. If the Town does not act to acquire those rights within 120 days of map recordation, the requirement to install the improvements is waived. This subdivider shall therefore attempt to acquire the necessary rights off-site and if unsuccessful, shall apply to the Town of Danville, within 90 days of the recordation of the Final Map, a request for condemnation. This condemnation request and all procedures thereof, including an agreement by the subdivider to pay all costs thereof, shall be in accordance with the Town of Danville Resolution Number 78-85. The developer shall submit to the Planning Department for review and approval an improvement plan for a more formal turn around area with curb, gutter and landscaping for the area at the end of Pulido Road. 9C Infrastructure Water supply service for this subdivision shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service for this subdivision shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. Special note should be made of the Contra Costa County Sanitary District's comments dated 1/20/89 including guidelines for hillside developments. Drainage facilities serving this subdivision, maintenance thereof, 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 stormwater 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 Town. 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. Each lot shall be supplied with curb shoots through adjoining sidewalks/curbs, unless otherwise stipulated by the City Engineer. 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, the minimum storm drain easement width shall be ten feet. Wider easements will be required in some cases based on pipe size and depth. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. Written documentation shall be supplied to the City to verify that the District's requirements have been, or will be, met to the satisfaction of the 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. 10C Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot 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. In accordance with Section 92.2006 of the'City Ordinance Code, this project shall conformto the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval as contained herein. Exception: sidewalks shall be installed around the cul-de-sac bulb and on only one side of Hope Lane. 13. The developer shall be responsible for the installation of street light standards and luminaries. All design, spacing height, lighting intensity and locations are subject to review and approval by the City Engineer. Low height light standards may be utilized if deemed acceptable by the City Engineer. 14. Stormdrains shall be placed in streets wherever possible and the plan shall be designed so that this can be accomplished without the pipes being excessively deep. 15. All abandoned septic tanks and wells shall be destroyed per Contra Costa County's Health Services Department requirements. Drainaqe The developer's Civil Engineer shall prepare a drainage study and recommend drainage improvements for review and approval by the City Engineer. The study shall determine the nearest adequate downstream drainage facility to which this development can discharge its runoff. The study shall review the capacity of the downstream drainage system from the site to Green Valley Creek and provide for adequate sizing and coordination of drainage facilities. The developer shall be responsible for the installation of any of'f-site facilities required to convey runoff to the nearest adequate downstream drainage facility. With the filing of each Final Map for the subdivision, the following fees shall be paid to the Town for off-site drainage and related improvements: a. $500.00 per dwelling unit; plus, $0.10 per square foot of new imperious surface area created by the development. These funds will be held by the Town of Danville in an llC account established for Green Valley Creek and downstream improvements. The funds may be dispersed to the Contra Costa County Flood Control District for use by the District in prepaXing studies or constructing drainage and related improvements related to Green Valley Creek and areas downstream. Any such studies and/or improvements shall be mutually agreed to bY the Town and the District in order for the funds to be dispersed. In the event that mutually agreeable drainage projects are not identified, within 12 months of the receipt of the money, the Town may independently utilize the funds for preparation of studies or constructing improvements within Green Valley Creek and areas downstream. All closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 FEET PER SECOND). The public's responsibility for maintenance of drainage facilities shall begin at the first inlet accepting public street drainage. Maintenance-of all other drainage facilities shall be the responsibility of private parties. A Drainage Facilities Maintenance Agreement shall be prepared by the developer for the private drainage facilities in this project and recorded. All property owners within this subdivision shall be subject to the agreement and the agreement shall be subject to review and approval by the City Engineer and the City Attorney prior to its recordation to assure that there is adequate provision for the maintenance of all commonly maintained drainage and erosion control improvements. The agreement shall provide for free drainage flow between properties which shall not be obstructed. Miscellaneous The developer shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project. The developer shall supply a letter to the City which indicates the postal authority's satisfaction with the system chosen prior to the issuance of building permits. The developer shall submit a Project Fencing Plan which graphically depicts the locations of various project fencing for review and approval by the Planning Department. This plan shall be accompanied with detailed construction specifications for each of the types of fencing listed below. Installation of project fencing shall be the developer's responsibility. Open fencing shall be installed in the undeveloped hillside areas, on the north and south boundaries 12C of the site and between Lots 3 and 4 of the subdivision. Standard wooden fencing for the remaining residential lots (side and rear yard fencing). Wooden fencing developed in the project shall utilize 4" X 4" pressure treated Douglas Fir fence posts and 2" X 8" (minimum width) kickboards, unless otherwise authorized by the Planning Department. All physical improvements shall be in place prior to occupancy of any unit 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-Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and appropriately separated from remaining additional construction activity. All existing structures to be removed shall be demolished prior to construction in that phase of development. acnml0 13C