HomeMy WebLinkAbout90-10 Exhibit A
Ordinance No. 90-10
AN ORDINANCE OF THE TOWN OF DANVILLE APPROVING REZONING OF
PROPERTY FROM A-2; GENERAL AGRICULTURE DISTRICT TO P-l;
PLANNED UNIT DEVELOPMENT DISTRICT AND AMENDING THE
ZONING MAP OF THE TOWN OF DANVILLE
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
Section 1. Rezoning.
That the 35.16 +/- acre parcel assemblage located on the south side of Camino
Tassajara, west of the intersection of Camino Tassajara and Sherburne Hills Road (APN:
207-061-022 & -023, 217-010-009, -018, -020, -023, & -024) as shown on the Preliminary
Development Plan for PUD 89-4, prepared by DK Associates and dated April 20, 1990,
is rezoned from A-2; General Agricultural District to P-l; Planned Unit Development
District. Rezoning is based upon the findings and conditions contained 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 befbre its adoption and again within 15 days after adoption.
The foregoing ordinance was introduced at a meeting of the Town Council of the Town
of Danville held May 1, 1990 and was adopted and ordered published at a meeting of
the Council held on May 15, , 1990, by the following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSENT: NONE
APPROVED AS TO FORM:
Page 1 of Ordinance 90-10
ATTACHMENT TO ORDINANCE NO. 90-10
FINDINGS AND CONDITIONS OF APPROVAL
PUD 89-4
FINDINGS
1. The proposed Planned Unit Development is consistent with the Danville 2005
General Plan.
2. The applicant proposes to commence construction within two and one-half years
from the effective date of the zoning change and preliminary development plan
approval.
The planned unit development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of
the surrounding existing neighborhood and the ultimate development planned
for the subject area.
4. The development of a harmonious, integrated plan justifies exceptions from the
application of the R-10 and R40; Single Family Residential Zoning District }
regulations.
5. The development will mitigate off-site u'affic impacts fixrough assurance of off-
site improvements in a manner acceptable to the Town.
6. Project conditions will serve to mitigate potential significant environmental
impam identified in the Mitigated Negative Declaration of Environmental
Significance prepared for this project.
CONDITIONS OF APPROVAL
GENERAL
1. This approval is for preliminary development plan approval for a
maximum of 39 lot single family residential development identified as
'Lasata'. Development shall be subject to further detailed review by way
of submittal and processing of a Final Development Plan and
accompanying Subdivision Map. Development shall be substantially as
shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a. 'Preliminary Development Plan - Lasata' prepared by DK Associates
dated received by the Planning Division on April 3, 1990. ,}
b. ~Preliminary Architectural Drawings" consisting of 13 sheets
prepared by Dahlin Group dated received by the Planning Division
on February 22, 1990.
c. "Conceptual Grading Plan' prepared by Parsons, Rourke and Walker
dated received by the Planning Division by February 6, 1990
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 ~'ne the relevant permits are secured. Notice
should be taken specifically of the Child Care fees 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.
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 Planning Division notified, and a
professional archeologist, certified by the Society of California Archeology
and/or the Society of Professional Archeology, shall be noffiled. 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 detervrdned necessary by the City Engineer, the project developer shall
provide security fencing around parts or all of the site during construction
of the project.
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 of that phase except for items specifically
excluded in a Construction-Phases Occupancy Plan approved by the
Planning snd Engineering Divisions. 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.
7. The Final Development Plan submittal for this project shall be
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accompanied with a draft road maintenance agreements for the units
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accessed by private roadway networks. The draft road maintenance
agreement shall also include maintenance of the project soundwall, project i
signage and landscaping not included in the Town Ughling and
Landscaping District. The draft road maintenance agreements are subject
to review and approval by the City Attorney prior to recordation.
B. SITE PLANNING
1. All new project lighting shall be installed in such a manner that glare is
directed away from surrounding properties and rights-of-way.
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 feet clear and level
passage on side yards.
3. The land uses and minimum dimensional standards and requirements for
the principal and accessory structures on Lots I through 29 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. Lots sizes shall be substantially consistent with those shown on the
Preliminary Development Plan referenced in Condition #A. 1.a. The
minimum lot size (net) shall be 10,000 square feet. A maximum
of two lots shall be permitted to have a minimum lot size of 8,500 !
square feet in Sub-Area Lots 15 through 17.
b. The applicant shall submit a Revised Preliminary Development Plan
reflecting any modifications to the approved Preliminary
Development Plan prior to Town Council action approving the
Rezoning and Preliminary Development Plan.
c. Front yard setbacks shall be varied and shall observe a minimum
setback of not less than 20 feet.
d. Front yards may be reduced to 15 feet on some units if aide-loaded
garages are utilized.
e. Front yard setbacks on LOts 3 - 12 shall maintain a minimum
setback of 25 feet, except where side loaded garages are utilized.
f. On corner lots, the secondary setback (streetside sideyard) shall be
a minimum of 15 feet
g.The minimum sideyard setback on Lot 3 may be reduced to 8 feet
at the northwest corner.
h. The public street section approved for "A Court" and the interior }
portion of Sherburne Hills Road shall contain 32 feet of pavement
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section with two 12 feet travel lanes, 8 feet parking (one side only)
and 4.5 foot sidewalk (one side only), within a 37 foot right-of-
way, as depicted on the Preliminary Development Plan. Setbacks
shall be measured from the back of walk where sidewalks exist and
from the back of curb on the opposing side. In areas where no
sidewalks are present, front yard setbacks shall be a minimum of
25 feet.
i. No building or s~ucture shall exceed two stories or 28 feet above
average finished grade.
j. No accessory structures exceeding 6 feet in height shall be allowed
within the 15 foot rearyard abutting Camino Tassajara on Lots 3 -
12 unless approval is granted through a variance process.
k. The units on Lots 4 - 10 shall be staggered, as generally shown on
the Preliminary Development Plan.
5. For purposes of unit siting, the following criteria shall apply to the single
family Lots 1 - 29:
a. On corner lots, the units shall be of a true one story design.
(Lot 18, future Lot 1 and 22)
b. True one story designed units shall be interdispersed throughout
the project. (At a minimum, one additional single story home in the
run of lots 5 through 10).
c. The same unit shall not be located next to, or directly across the
street from one another.
6. A Driveway/Fencing Plan shall be required for submittal with the Final
Development Plan. An exception to the 15 foot minimum setback
requirement for secondary sideyard setbacks may be considered for Lot
18 at that time. The fencing plan shall contain information on existing
landscaping, fencing, and structures proposed to be retained on LOts 1,
2, 14 and 21 - 24.
7. Lot 21 contains an existing residence that lacks the required covered
parking. With submittal of the Final Development Plan, the developer
shall indicate the means to supply the two required covered, off street
parking spaces. If construction cannot be accomplished on the lot as
generally shown on the Preliminary Development Plan, layout for this
portion of the project shall be required. The net result could be loss of
one lot
8. LOt 21 is encumbered with an existing Contra Costa County Flood Control
storm drain easement- The developer shall provide the Town of Danville
~- proof that the quit claim of the pertinent portion of said easement has
,~ been secured to provide for suitable area for construction of 2 covered
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parking spaces.
9. Future Lots 1/2 and 22/23/24 are currently occupied by one residence i
on each lot grouping. With the Final Development Plan submittal, the
existing front yard fence on Lots 22-24 and any landscaping exceeding
3.5 feet in height existing within the required setbacks shall be depicted
for removal. With subdivision of Lots 1 and 2, the accessory structure
located on Lot 2 shall be removed.
10. The Final Development Plan shall cite any existing septic tanks, wells and
associated piping on Lots 1, 2, 14 and 21-24. If the existing wells and
septic tanks are not located on the specific lots they serve, the facilities
shall be abandoned or destroyed per the requirements of the Contra Costa
County Health Services Depa. hiient and the residences shall be required
to connect to Central Contra Costa Sanitary District and East Bay Municipal
Utility District facilities.
11. The Final Development Plan shall show the relocation and the necessary
easements to retain the existing well on Lot 24 for the existing Marquis
residence. The relocation of this water line shall not be within the public
right-of-way.
12. The land uses and minimum dimensional standards and requirements for
the principal and accessory structures on Lots 30 through 39 on the
Preliminary Development Plan shall be consistent with the R-40; 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
Preliminary Development Plan referenced in Condition #A.l.a above
and shall not be less than 43,560 square feet in size.
b. Proposed pad locations, building footprints and associated grading
for lots 30 through 33 shall be substantially as shown on the
Conceptual Grading Plan referenced in Condition #A.l.c.
c. Proposed pad locations for Lots 34 through 39 excluding Lot 38
shall be substantially as show on the Preliminary Development Plan
referenced in Condition #A.l.a
d. Lots 30 - 39 excluding Lot 38 shall be developed with a minimum
three car garage and 5 car driveway aprons.
13. The Final Development Plan and Subdivision Map submittal for this project
shall incorporate the following design modifications for lots 30 through
39.
a. A hammerhead turn around shall be developed to serve lots
32 and 33 at the end of the private roadway easement 0e,
onto Lot 33). Any slide correction work necessitated by this )
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design modffication (on-site or off-site), shall be the
responsibility of the developer and shall be done no later
than the occupancy of the initial residence developed on Lots
32 and 33. Cost estimate of figs work shall be submitted as
part of the project improvements plans, with cost of the work
to be covered as part of the project's subdivision
improvement agreement~
b. A 25 foot minimum width access easement, generally centered
along the private roadway easement serving Lots 32 and 33
shall be provided extending from the existing 50 foot private
road easement (Sherburne Hills Road) through Lots 31-33
to the hammerhead turn around located generally at the lot
line of Lots 32 and 33.
c. A 25 foot Emergency Vehicular Access Easement (EVA), as
depicted on the Preliminary Development Plan, shall be
provided extending from the hammerhead turn around, at
LOts 32 and 33, to the west side of the Archibald property.
Prior to Final Development Plan and Tentative Map approval
of the subject property, the developer shall provide the City
Attorney with documentation that legal right of reciprocal
access is provided to the Archibald property. An easement
and maintenance agreement shall not be exercised until
tentative map approval is secured for the Archibald property.
The easement agreement shall include authorization to
perform all off-site work necessary to extend the access to
the Archibald property. The agreement shall be subject to
review ~ancl approval by the City Attorney.
d. A ,~.~z~merhead turnaround shall be developed for Lots 36
and 37 to be reviewed with the Final Development Plan and
Subdivision Map submittal.
The Final Development Plan and Subdivision Map submittal for this project
shall incorporate an interim circulation plan satisfactory to the Town of
Danville and the property owner for the Akabani Nursery property (APN:
217.O10-O08). The developer shall provide the Town with documentation
that the property owner is agreeable to the circulation plan. The Town
of Danville is supportive of maintaining the current access rights to the
Akabani site with moditication of the northerly most driveway being limited
to a right turn exit motion only.
15. The Final Development Plan and Subdivision Map submittal shall include
provisions for a 20 feet wide Emergency Vehicle Access Easement from
Sherburne Hills Road through Lot 30 in a westerly direction to tiae Oates
parcel (APN: 207.061-007).
16. The precise pad locations and associated grading for Lots 34 through 39,
excluding Lot 38, shall be reviewed as part of the Final Development Plan
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submittal.
C. LANDSCAPING }
1. The Final Development Plan and Subdivision Map submittal for this project
shall include Landscape and Irrigation Plans (with planling shown at
1"=20' scale for derailed areas, over all plans shall be at 1"=40' scale)
shall be submitted for review and approval by the Planning Division with
the Final Development Plan. The plan shall include common names of all
plant materials and shall indicate the size that various plant materials will
achieve within a five year period of lime.
2. The landscape plans shall include details and specification of the
architectural soundwall to be installed along the Camino Tassajara frontage
approximately 23' from the face of curb. The soundwall shall be a private
facility, with maintenance responsibility lying with the private individual
homeowner's.
3. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
4. The Final Development Plan shall identify through a separate parcel, the
area at the northwest side of Sherburne Hills Road that is to be maintained
by the Town Lighting and Landscape Maintenance District.
5. All street Irees and trees within the entry and the median areas 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.
6. All landscaped areas not covered by shrubs and trees shall be planted
with live, drought tolerant, native species ground cover.
7. Existing trees on the site shall be preserved to the extent practical.
Removal will be allowed only upon prior written approval from the
Planning Division. Existing trees and vegetation within the Sycamore
Creek shall be preserved to the greatest extent practicable. Removal of
the vegetation will be allowed only upon receipt of written approval of
the Town of Danville.
8. Street trees shall be supplied at a ratio of two trees per lot.' The type of
wees utilized shall be subject to review and approval by the Planning
Division.
9. The Final Development Plan submitted for this project shall include details
of focal/decorative project landscaping in the area adjacent to the
Sherburne Hills Road bridge and a revegetation plan for the creek area.
, 10. Installation of the soundwall and landscaping along the Camino Tassajara
frontage shall be completed prior to occupancy of any units along Camino )
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Tassajara.
11. The developer shall diligently pursue rights to provide off-site landscaping
at the northeast side of Sherburne Hills Road along the entry drive (affects
the Akabane property APN: 217-010-008). If the necessary releases cannot
be secured, development of this area shall be part of future development
of that site and costs to be borne by the developer of that site. The design
and materials shall be consistent with the landscape plan on the northwest
side on the entry drive.
12. The developer shall be responsible for the installation of a water meter to
serve the landscape area along Camino Tassajara and the entry landscape
which will be included within the Town Landscape and Lighting
Maintenance District.
13. The Final Landscape Plan shall include selective tree screening behind
Lots 5 through 10 along Camino Tassajara to further buffer the visual
impact of the residences from Camino Tassajara.
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. All units developed in this project shall be designed in accord with the
following criteria:
a. All four exterior elevations of each unit or building group 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. Rollup garage doors shall be utilized and be operated by an
automatic garage door opener.
All window frames shall be of vT-ood, bronze or other colored anodized
aluminum. Mill finish aluminum window frames are not permitted.
4. Tinted (non-reflective) glass is preferred where solar heat gain is a concern
and where windows cannot he shaded by either overhangs, awnings or
landscaping.
5. Minimum eave projections shall c.z, tend at least 18 inches from the exterior
building walls.
6. The minimum size fascia shall be 8 inches. Whenever possible, additional
relief shall be provided to create shadow lines or other architectural
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interest.
7.All building designs shall incorporate gutters and downspouts.
8.No roof mounted mechanical equipment of any kind shall be permitted.
9. The final architectural design shall be subject to review by the Design
Review Board prior to approval of the Final Development Plan and
Tentative Map for the project.
10. The Final Development Plan submittal for this project shall include design
information for all project signage proposed for use in this project.
11. The Final Development Plan submittal for this project shall include design
information for all project lighting to be developed in this project (i.e.,
lighting for internal and perimeter roadways, parking areas, pedestrian
trail system areas, recreation areas and for security lighting for individual
units).
12. Lots 30 through 39, excluding Lot 38, are located within a Town Identified
Scenic Hillside Area. Development of these lots are subject to Design
Review Board and a Minor Development Plan approval. The pad location
and building footprints for LOt 30 through 33 are approved as part of this
preliminary development plan.
13. The residences proposed for future development on LOts 1, 2 and 22
through 24 shall match the product type approved for the entire project.
If a different architectural design is proposed, it shall be consistent with
the overall theme of the project and will require Design Review Board
Approval.
14. Prior to the issuance of building permits, samples of final colors and
materials selected for each individual structure shall be submitted to the
Planning Division for review and approval. The use of masonite,
pressboard as exterior siding, or their equivalent, is expressly prohibited.
15. Development shall be consistent with Danville's Residential Development
Standards.
16. The street number of the buildings shall be posted so as to be easily seen
fi'om the street at all times, day and night.
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 City Engineer and employed at
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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. Any revised soils
reports shall be subject to a third party consultant review. All expenses
of that review shall be incurred by the developer.
5. All proposed grading shall be carried out in accordance with the "Grading
and Erosion Control Requirements" as set forth in the Sycamore Valley
Specific Plan and the Town of Danville Grading Ordinance.
6. Prior to Subdivision request on the four proposed parcels on the Daniels
property (APN: 217-010-018), all reparative work (including the repair of
the private roadway) relative to existing on site slides tied to Town Grading
Permits ~844 and #0802, shall be completed to the satisfaction of the
Towns Grading Inspector and City Engineer.
7. 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.
8. All grading plans shall be accompanied by erosion control and revegetation
plans. Said plans shall be prepared consistent with Grading and Erosion
Control requirements set forth in the Sycamore Valley Specific Plan.
9. The soils engineer shall sign the final grading plans.
10. 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.
11. The developer shall confer with the City Engineer prior to the preparation
improvement plans in order to determine appropriate measures to convey
rear yard and downspout drainage of the lots within the project.
12. The Town of Danville shall contract with a qualified ~aird party~ consulting
firm for the purpose of conducting an independent review and appraisal
of the final soils and geotechnical report and the revised plan prepared
[ for this project to determine if Lots 30-39 are buildable as proposed. The
cost of this review shall be borne by the developer and will be based on
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lime and materials plus a 196 administrative fee for the Town. Upon
completion of the review, the developer and his soils engineer shall
address all comments and resubmit the complete package for final review.
Concurrent with the final review, the developer's engineer shall make any
necessary changes and resubmit the complete package for final review.
In the event the Town Engineer concludes, from analysis of all pertinent
information, that the site or portions of the site are unsuitable for
development, the Tentative Map and Final Development Plan shall be
referred back to the Planning Commission for reconsideration. If further
soils investigations determine Lot 30 to be undevelopable because of
existing landslides, provisions shall be addressed requiring the developer
to form a Homeowner's Association or other appropriate entity to provide
for the maintenance and liability of this site. The area shall not be
incorporated into another lot to become the sole responsibility of one
property owner.
13. All existing slides shall be identified and repaired prior to development of
lots in Area B, with the exception of Lot 30. If Lot 30 can be developed
with a safe building site outside of the slide area as depicted on the
Preliminary Development Plan to the satisfaction of an additional 'Maird
part~' review (based on relocation of the pad subsequent to the previous
review conducted by Rogers/Pacific on November 3, 1989), no slide
repair will be required with the development of Lot 30.
F. STREETS
1. The developer shall obtain an encroachment permit from the Engineering
Division 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 sweets 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
State of California, Title 24 and as may be required by the City Engineer.
5. This development shall be provided with a safe and effective circulation
system for bicycles and pedestrians and shall be reviewed by the Planning
Commission with the Final Development Plan. These facilities shall be
designed and installed to the satisfaction of the City Engineer and shall be
separated from vehicular traffic wherever possible.
6. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to }
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the satisfaction of the City Engineer at full expense to the developer. This
shall include slurry seal, overlay or street reconstruction if deemed
warranted by the City Engineer.
7. 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
8. The Final Development Plan and Subdivision Map submittal shall verify the
alignment of Sherburne Hills Road to the satisfaction of the City Engineer.
9. The developer shall be responsible for the design and construction of the
traffic signal at Sherburne Hills Road and Camino Tassajara. The signal
shall be operational prior to occupancy of any residential units within the
proposed project. The installation of this facility appears to benefit
properties not under the control of the subdivider. Per Town Ordinance
No. 76-85, the subdivider may apply to Town Council for the creation of
a benefit district whereby the subdivider may receive reimbursement from
properties benefiting from the improvements, but not participating in the
construction costs. The Town staff will assist in the processing of the
necessary documents and support the creation of a benefit district based
upon an equitable distribution of costs.
10. The Final Development Plan submittal for this project shall incorporate
details for the end of pavement of Sherburne Hills Road at the abutting
parcel to the east (Akabane APN: 217-010-008).
11. Abutter's rights of access along the project's Camino Tassajara frontage,
except for the intersection area shall be relinquished to the Town.
12. Convey to the Town, by offer of dedication, all necessary right of way
along the frontage on Camino Tassajara as depicted on the Preliminary
Development Plan.
The developer shall be responsible for the design and construction of
frontage improvements at the Sherburne Hills Entry Drive. These
improvements shall include, but are not limited to, curb, gutter, sidewalk,
pavement, street lighting and shall conform to the typical roadway
standards on the Preliminary Development Plan.
14. Any project roads proposed for dedication to the Tow~ of Danville shall
be constructed to adopted road standards for public roads.
15. The Final Development Plan submittal for this project shall reflect the
following road design criteria:
! '~ a. The radius dimension for cul-de-sacs, measured from face of curb,
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shall be a minimum of 35 feet.
b. The radius of curb returns, measured from face of curb, shall be |
a minimum of 25 feet.
c. The radius of curb returns at Camino Tassajara and Sherburne Hills
Road shall be a minimum of 30 feet.
16. The developer shall be required to bring the existing structural street
section and surface pavement to a standard acceptable to the City Engineer
starting at the Sherburne Hills Road bridge to approximately 820 feet
south to the Daniels property. These improvements shall be required
prior to any construction of unit on Lots 30 through 33. Road
improvements of the private roadway (Sherburne Hills Road) along the
Daniels property shall be completed prior to the Subdivision Map request
on the four proposed parcels on said property.
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 for new units developed in the project 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 Engineer.
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 5hall 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 )
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Costa County Flood Control District, Army Corps of Engineers, and the
Depaziment of Fish and Game. On the basis of approval of the Flood
Study and prior to Final Development Plan and Subdivision Map submittal
for this project, the developer shall document securance of a Fish & Game
Flood S~ceam Alteration Permit.
The developer shall furnish proof to the City Engineer of the acquisition
of all necessary rights of entry, pei~i,its 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 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 off-site 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 S0.10 per square foot of new
impervious surface area created by the development. Within 12
months
of receipt of the comribmion, 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 Depat;,,ent 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 Dcpa, h,lcnt of Fish and Game, the developer shall submit with the
Project Improvement Plans a letter from the Deparunent of Fish and Game
which indicates the Deparianent's requirements. Requirements by the
f Depmiment of Fish and Game shall be noted or shown on the
; . improvement plans.
14
15. In accordance with Section 92.2006 of the City Ordinance Code, this
project shall conform to the provisions of the City Subdivision Ordinance
(Title 9). Any exceptions therefrom must specifically be listed in the
conditions of approval established for the Tentative Map approved for
this project.
16. The developer shall be responsible for the installation of street light
standards and luminaries with the design, spacing height, lighting intensity
and locations subject to approval by the City Engineer. Low height light
standards may be ulilized if deemed acceptable by the City Engineer and
the Chief of Planning.
18. Stoi:in drains 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.
19. Storm drain facilities shall be designed to channel water into natural
drainage ways. Outfall lines should be designed to carry water from the
edge of developed areas to energy dissipaters at nearby creekbeds in order
to minimize erosion that will occur if outlets are placed at the top of
slopes. The energy dissipaters shall be designed to incorporate a back
flow device to minimize creek water flooding of public rights-of-ways.
20. The developer shall be responsible for the construction of all drainage
structures within the property to conform to the Sycamore Creek Floodway
Plan.
21. Proposed drainage discharge points to Sycamore Creek shall be designed
to conform with requirements of Contra Costa County Flood Control
District and the Town of Danville.
22. All closed conduit drainage systems shall be designed with self-cleaning
flow velocities (not less than 2 FEET PER SECOND).
H. MISCEI.IANEOUS
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
i developer's submittal of any final map. All costs associated with such }
15
acquisition shall be borne by the developer.
The developer shall be required to fund a Flood Study and comply with
the recommendations and improvements required to the satisfaction of
the Contra Costa County Flood Control District, the City Engineer and
the Chief of Planning prior to Tentative Map and Final Development Plan
submittal. The results of the Flood Study may result in lot reconfiguration
or the potential loss of lots in areas abutting the Sycamore Creek. Other
additional improvements may include, but are not limited to:
a. Repair of the landslides within the creek setback.
b. Any improvements to the existing Sherburne Hills bridge deemed
necessary, which may include conswuction of a new bridge if the
existing bridge is located within the 100 year flood plane.
c. Off. site improvements which may be necessary on lands neither
the developer or the Town has easement fights to allow the
improvements to be installed. The developer shall be responsible
for acquisition of the necessary easements either thought 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.
d. Revegetation and supplemental planting of the creek zone.
e. Improvements necessary to protect the existing residences from
the 100 year sto,~.
4. The developer shall submit a list of proposed street names and a draft
addressing scheme for review and approval by the Plarmirlg Depa~h,ent
prior to recordation of a Final Map.
5. The Final Development Plan and Subdivision Map submittal for dfis project
shall incorporate a 90 foot r/~inirnum width public uail access easement
on the south side of the Sycamore Creek and a 90 foot minimum width
public ~ access easement on the north side which shall be offered for
dedication to the Town of Danville and/or Fast Bay Regional Park District.
Both easements will be contained within the County Flood Control parcel.
The applicant shall secure all necessary Town approvals to relocate the
trail to the north side. The establishment of the trail on the north side
will eliminate the need for the trail and easement on the south side.
6. The developer shall confer with local postal authorities to determine the
type of marl receptacles that are to be utilized for this project. The
developer shall supply a letter to the Town which indicates the postal
authority's satisfaction with the system chosen prior to issuance of building
pe~,.its.
16
7. At the time of approval of the pertinent Final Map, the project developer "
shall pay to the Town of Danville the Sycamore Valley Fee Benefit District j
fee (each unit not contained in the Sycamore Valley Assessment Dislrict)
developed on the property. APN: 217-010-023 & 024 are participants in
the Sycamore Valley Assessment District. New lots created on those parcels
are subject to the density increase fee for new units not envisioned in the
Sycamore Valley Specific Plan and are obligated u) either pay off the
current SVAD assessment or reapportion that amount between the new lots
created on that property.
8. Because the developer is exercising Density Transfer of 12 dwelling units
from the Daniels (APN# 217-010-018) and Marquis (APN# 217-010-019)
parcels to Area A, documentation and method of uansfer and
relinquishment of all future "development rights" shall be submitted with
the Final Development Plan for review and approval by the City Attorney.
PASSED, APPROVED AND ADOPTED THIS J~ day of l"~'v. ~ 0 1990 by the
following vote:
AYES: V'dahuer, Hughes, Frost, Hendricks, Hunt
NOES:
ABSTENTION: Wright
ABSENT: Hirsch
Chairman
Chief of
APPROVED AS TO FORM:
?
ppmm51
Page No. 20 of Resolution No. 90-10
EXHIBIT B
MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL SIGNIFICANCE
LE~D AGENCY: Town of Danville Planning Deparunent
NAME OF PROJECT: PIJD 89-4 %asata"
PROJECT DESCRIPTION: Preliminary Development Plan Approval request to re. zone a
16.54 acre site from A-2 to P-1 to create a 35 lot single family
residential Planned Unit Development.
ENVIRONMENTAL EFFECTS: The items listed below have been identified as creating
possible significant environmental impacts:
1. Potential Flooding of Lots within the Project.
2. Circulation/Traffic Hazards. Based on the
Traffic Impact Study prepared in October 1989
by TJKM Transportation Consultants, the
proposed project will have the following impact
on the existing road system:
a. The project will generate
approximately 300 trips per day.
b. Require a signalized intersection
at Camino Tassajara/Sherburne
Hills Road for assignment of right-
way to traffic movement at a major
intersection.
3. Based on the study and analysis prepared in
the various environmental and traffic reports
cited in Table A of this document, "new
development" in the Sycamore Valley Specific
Plan Area and/or Blackhawk Road Specific Plan
Area 0.e., development beyond previously
envisioned development levels) may potentially
result in significantly cumulative impacts. Impacts
related to the Sherburne Hills/Tassajara Road
areas were considered and addressed within the
EIR prepared for the Sycamore Valley Specific
Plan, certified in 1981, and the EIR addendum
prepared and approved in January 1985.
r
: ~ 4. Unstable earth conditions resulting in exposure
to landslides.
x.._j¸
MITIGATION MEASURES: 1. A binding agreement has been provided by the
developer and conditions of approval have been !
drafted requiring the developer to fund a hydraulic
study and insure the improvements to the Sycamore
Creek and the dedication of fee title parcels to the
Contra Costa Flood Control to the satisfaction of the
City Engineer, Chief of Planning, and the Contra Costa
Flood Control District prior to Tentative Map and Final
Development Plan application. Further mitigation
measures have been addressed through the conditions
of approval binding the developer to revegetate areas
within the creek parcels.
2. Conditions of Approval have been drafted
requiring the developer to design and install a
traffic signal at the intersection of Camino
Tassajara and Sherburne Hills Road as part of
this project. The signal shall be operational
prior to the occupancy of the residential units
created as part of this development.
3. Mitigation measures required by those reports
(Table .A) in response to identified significant
traffic related impacts were assured through
the creation of the Sycamore Valley Assessment
District, which served to assure construction of
the capital improvements consisting the required
mitigation measures. "New development" in the
area unforeseen by the Sycamore Valley Specific
Plan should be required to contribute to
unfunded or partially funded capital
improvements deemed necessary by the reports
cited on Table A of this document. Table B of
this document itemizes the specific capital
improvements projects and identifies projected
costs and currently guaranteed funding levels.
Table C of this document lists anticipated "new
development" in the area. Use of the three
tables allows the amount of contribution towards
unfunded/partially funded capital improvement
projects to be calculated on a per dwelling unit
basis.This packet of mitigation measures has
been previously presented in conjunction with
the adoption of the Old Blackhawk Road Specific
Plan and with five recent subdivision entitlements
(Wood Ranch - SD 7167, Quierolo - SD7095,
Ahmanson 7299, and PUD 89-3 - Delco
Builders, Equity Estate Mgmt - PUD 89-12,
. Signature -PUD 89-6). The Old Blackhawk Road
Specific Plan anticipated that the necessary level }
of contribution toward unfunded/partially
funded project (on a per unit basis) will be
similar to that established for units contributing
to the Sycamore Valley Assessment District.
4. A binding agreement has been entered into and
draft conditions have been prepared requiring
the developer to follow the recommendations
in the Geological Investigation prepared by
Terrasearch dated 20 January 1989 and the
third party review of the geological report and
development plan by Rogers-Pacific. Any
modifications to the development and
subsequent geological reports on areas south
of the Sycamore Creek shall be reviewed by
Rogers-Pacific or other third party soils
consultant.
DETERMINATION: The Town has prepared a Mitigated Negative
Declaration of Environmental Significance for this
project. No significant impacts are anticipated to be
associated with the project modified by conditions of
approval. The project Conditions of Approval serve
to establish a binding commiunent by the project
developer that address and mitigates identified
potentially significant cumulative impacts.
The Initial Study was prepared by the Planning Depaiuiient, 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
Chief of Planning
apmm15
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DANV. iLL ~ PLANNING DEPARTMENT.' '
PLANNING COMMISSION EXHIBIT
FXHIBIT. .
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