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HomeMy WebLinkAbout89-18 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE In the Matter of: Approving Rezoning of Property ) Ordinance No. 89-18 from P-l; Planned Unit Development ) District to P-l; Planned Unit ) Development District; thereby ) establishing a new Planned Unit ) Development and Amending the ) Zoning Map of the Town ) ) The Town Council of the Town of D~nville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the 42.2 ± acre parcel located on the west side of Old Blackhawk Road, approximately one-half mile north of Camino Tassajara (Assessor's Parcel Number: 215-100-009) as shown on the attached Attachment A is rezoned from P-l; Planned Unit Development District to P-l; Planned Unit Development District, thereby establishing a new Planned Unit Development. 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 November 9 , 1989 and was adopted and ordered published at a meeting of the Council held on November 20 , 1989, by the following vote: PAGE 1 OF ORDINANCE NO. 89-18 AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF NOES: NONE ABSTAIN: NONE ABSENT: NONE ~YOR ATTEST: APPROVED AS T~ FU~: artml 3 PAGE 2 OF ORDINANCE NO. 89-18 ATTACHMENT B FINDINGS AND CONDITIONS OF APPROVAL PUD 89-6 & SD 7335 -- SIGNATURE PROPERTIES 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 FEIR prepared for the Sycamore Valley Specific Plan (in conjunction with the addendum to the FEIR prepared in 1985) discussed potential impacts associated with development of the site for residential uses, in part satisfying the requirements of the California Environmental Quality Act. 5. The proposal to add 21 more units than originally approved for this portion of the Wood Ranch project may create traffic and other impacts which may be cumulatively significant if not mitigated. The project conditions which follow serve, in part, to mitigate potential cumulative impacts identified in the Mitigated negative Declaration of Environmental Significance prepared for this project. 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; lC 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 withih the proposed subdivision. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to recordation of a final map for the project. Each item is subject to review and approval by the Planning I~partment unless otherwise specified. A. GENERAL 1. This approval is for a 42.2 ± acre single family residential project consisting of 47 lots. The subject site is identified as Assessor Parcel Number 215-100-009. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Preliminary and Final Development Plan and Vesting Tentative Map for Subdivision 7335, prepared by DK Associates dated 1989. b. Conceptual Landscape Plan for Subdivision 7335, prepared by Cardoza, Dilallo, Harrington. c. Landscape Features Plan for Subdivision 7335, prepared by Cardoza, Dilallo, Harrington. 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. 26 lots were originally assessed as a portion of the Sycamore Valley Assessment District. The additional 21 units shall pay the Sycamore Valley Density Increase Fee (currently $ 7,232) and the Park Dedication Fee. All units shall pay the Child Care Fee and the Contra Costa County Flood Control District Drainage Acreage Fees. 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 Ramdn 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 20 their letter of August 3, 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 Departmen~ 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 portions or all of the 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 to be installed in conjunction with each phase, erosion control. for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. 7. The land use restrictions and development standards of the R-20; Single Family Residential District shall pertain to this subdivision except as may be modified by conditions contained herein. 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. 3C e 3. All permanent structures shall be located within the pad areas delineated on the Tentative Subdivision Map referenced in Condition A.1. Development outside of the pad areas shall not occur without prior approval of a Minor Development Plan. 4. Parcels A, B, C, and D shall be offered for dedication to the East Bay Regional Park District (EBRPD). Such offer shall be in form of an option which allows the EBRPD a period of five years from date of recordation of the first final map to accept or reject the dedication. Upon acceptance of the of the open space dedication, the developer shall be responsible for installing improvements within th eopen space area as may be required by EBRPD. The open space lands not accepted for dedication shall be owned and maintained by the Homeowners Association for the subject subdivision. Development rights over the parcels shall be dedicated to the Town of Danville. 5. Development rights shall be dedicated over the Sycamore Creek area in accordance with Chapter 914-14 of Contra Costa County Ordinance No. 89-28. The developer shall comply with all provision of Chapter 914-14 of Contra Costa County Ordinance No. 89-28 which pertains, in part, to drainage easements, ingress easements, and structure setbacks. 6. Where side slopes between units exceed five feet in height (based on building pad elevations), the setback from the bottom of slope shall be five feet. 7. The lot layout shall be revised generally as shown on the Staff Study· The intent of the revision is to increase the pad depth of Lots 12 and 13 without reducing the width of the lots at the end of "E" Court to less than 50 feet. The final lot layout may differ slightly from the staff study if the aforementioned intent is met. The developer shall submit the final lot layout to the Planning Department for review and approval. C. LANDSCAPING 1. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 2. 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 in size. 4C 3. All landscape areas not covered by shrubs and trees shall be planted with live ground cover. Slope areas shall be landscaped with native plant materials. This condition pertains to lots on which a home has been contructed. 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. Removal of trees is governed by the provisions of the Town's Tree Protection Ordinance. 5. All slope areas shall be hydroseeded with a drought tolerant erosion control mixture. 6. Street trees shall be planted at an average ratio of one tree per 30 lineal feet of street frontage. The street tree species shall be determined in conjunction with approval of the design guidelines referenced in Condition D.4. The developer shall ensure that the street trees are installed and maintained in a healthy condition. The precise method utilized to insure installation and maintenance shall be determined in conjuction with approval of the design guidelines referenced in Condition D.4. 7. Fencing installed in the following areas shall be limited to wood and wire screen view fencing: a. Along all property lines which abut open space areas. b. At the top of all major slopes c. Along side property lines on major slopes as shown on Staff Exhibit E. The final design of the view fencing shall be subject to review and approval of the Planning Department and shall be included in the Design Guidelines referenced in Condition D.4. 8. Side yard fences or walls adjacent to a street shall be setback a minimum of 10 feet from the back of sidewalk or 14.5 feet from face of curb if no sidewalk exists. 9. Project landscaping shall combine pleasing aesthetics with water conservation measures. Plant materials shall be hardy and drought tolerant, while providing good coverage, shade, and variation in color. Native species shall be emphasized. Irrigation systems shall emphasize efficient water usage through the use of drip systems, bubblers, low volume emitters, and other advanced technologies to conserve water. 5C D. ARCHITECTURE i 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). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. 2. The street number of the 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 application. 4. As the developer intends to construct the project as a custom home development, design of the individual lots shall be controlled by architectural and landscaping guidelines. The final guidelines shall be developed by the master developer and shall be subject to review and approval of the Town's Design Review Board. The preliminary guidelines for the project are as contained in the letter from Joan Kwok of Signature Properties dated September 14, 1989. The guidelines shall also establish the process for review of the individual lot designs by the Town and master developer. The intent is to avoid the need for Design Review Board review of each lot design through a Minor Development Plan application. The Town's agreement with W.S.I builders for the Magee Ranch Planned Unit Development may be used as an example of an acceptable review process. The agreed upon review process shall require review and approval of architectural, landscaping, fencing, and lighting plans. Further, the guidelines shall establish standards for each area. 5. Development on 'E' Court shall be located and designed to minimize visibility from Old Blackhawk Road and the lower elevation lots. Design techniques, such as maximizing the rear setback and stepping the second story building element away from top of slope, shall be utilized to minimize visibility. 6. The maximum building height shall be 28 feet measured from average grade. 6C 7. On corner lots, the street side yard elevation shall not have two story wall planes. The second story shall be setback from the first floor wall line a minimum of five feet. 8. The future homes on Lots 11 through 14 are subject to Town approval through the minor development plan review process. The intent of the review is to minimize visibility of the homes from Old Blackhawk Road and the lower elevation lots. F. GRADING 1. Any grading on adjacent properties will require prior 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 engineering recommendations ~ 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. G. 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. 7C 3. The developer shall keep adjoining public streets free i 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 ahd 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, 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 Project Improvement Plan shall be approved prior to issuance of grading permits. 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. All subdivision streets shall be constructed to the adopted Danville road standards and shall be dedicated to the Town of Danville. 8. The paving and right-of-way sections developed for the project's Old Blackhawk Road frontage shall be consistent with sections contained within the Old Blackhawk Road Specific Plan. 9. The developer shall submit a list of proposed street names and a draft addressing scheme for review and approval of the Planning Department. 10. Plans for street lighting and signage and entry signage as required by the Sycamore Valley Specific Plan and the Old Blackhawk Road Specific Plan shall be submitted in conjunction with Project Landscape and Irrigation Working Drawings submitted to assure compatibility with building materials, colors and placement. 11. The subject development shall contribute toward the planned future signalization at the intersection of Old Blackhawk Road and Camino Tassajara. The exact level of contribution shall be as determined by the City Engineer 8C 12. The Old Blackhawk Road/"A" Street intersection shall be coordinated with the street on the opposite side of Old Blackhawk Road. The final intersection design is subject to review and approval of the City Engineer. 13. Old Blackhawk Road shall be improved ~er the street sections contained within the Old Blackhawk Specific Plan. 14. All streets within the subdivision boundary shall comply with the typical street section shown on the tentative map. The sidewalk may be deleted on the streets other than "A" street but the street width shall remain the same. 15. The Town has previously approved other development along the southerly portion of Old Blackhawk Road. If the other development does not install improvements to Old Blackhawk Road prior to construction of the subject project, the developer shall improve Old Blackhawk Road from Camino Tassajara to "A" Street to provide an uninterrupted 28 foot wide street section, excluding curb, gutter, and sidewalk. 16. Old Blackhawk Road from "A" Street north to the cul-de- sac shall be improved as follows: a. The roadway shall be improved within the existing right-of-way as required by the City Engineer. The improvements may involve reconstruction or overlay of the existing street. b. Improvements referenced in subsection a shall be equivalent to the cost of improving a one-half width street section including paving, curb, gutter, and sidewalk over the same portion of Old Blackhawk Road. H. 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, unless approval is secured to utilize a private sewage disposal system. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief .... 9C Engineer of the Contra Costa County Flood Control District. 4. All stormwater 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 and signed by a licensed civil engineer. 14. 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 10C 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. 15. 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/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. 16. The developer shall provide a sanitary sewer easement to allow a sewer connection with the sanitary sewer for the proposed Magee Ranch Planned Unit Development to the north. 17. Project improvement plans for the creek bridge crossing shall be accompanied with a tree preservation plan addressing all trees to be retained in vicinity of the crossing. The plan shall be prepared by a licensed tree arborist deemed acceptable to the Town of Danville. The plan shall contained requirements to ensure the long-term health of the trees. The developer shall implement the requirements of the tree preservation plan. No trees shall be removed from the subject property without prior written approval from the Town of Danville. 18. Copies of the Final Map and Project Improvement Plans, indicating all lots, streets, and drainage facilities 11C within the subdivision, shall be submitted to the City Engineer at 1" = 300 ft. scale, for Town mapping purposes· I. 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. A homeowner's association shall be established for this subdivision. The developer shall have the option of annexing the subdivision into the homeowner's association established for. Subdivision 6155 or establishing a new homeowner's association· In either situation, this development shall be allowed use of the Wood Ranch North recreation area. Covenants, Conditions and Restrictions (CC & R), Articles of Incorporation and By-laws shall be prepared for the project· The Town shall be made a third party beneficiary as to the sections of the CC & Rs which address any applicable conditions included in the project Conditions of Approval and the following areas of concern' A. Provision for maintenance of the open space areas· An open space maintenance plan for these areas shall be prepared in conjunction with the project CC & Rs. B. Requirement that the architectural and landscaping plans for each lot obtain approval of the master developer and/or Town of Danville as determined by the design guidelines referenced in Condition D.4. C. Membership in the Homeowners Association is mandatory for all lot owners in the subdivision· 12C ! D. CC & Rs shall include the Town as beneficiary of the agreement. The Town shall be granted the right, but not the duty of enforcing any provisions contained in the CC & Rs. Additions to the CC & Rs by the homeowner's association consistent with the original CC & Rs may be made at the discretion of the homeowner's association. Any changes pertaining to conditions of approval imposed on the project shall be submitted to the Town for review and approval of the Town Attorney. E. Storage of vehicles within the required front and side yard areas, except for designated parking areas, shall be prohibited. F. Storage or parking of recreation vehicles on the individual lots in excess of eight hours shall be prohibited. Prior to recordation of the final map, the draft CC & Rs shall be submitted for review and approval by the City Attorney to assure that all applicable Conditions of Approval have been met to his satisfaction. 3. . The developer shall obtain approval and record the proposed lot line adjustment shown on the Tentative Map referenced in Condition A.1. 4. The developer shall work with East Bay Regional Park District (EBRPD) to explore the POSSibility adding a trail connection to the EBRPD open space areas. Approved by Danville Town Council on November 20, 1989 Kevin Chief artm14 13C