HomeMy WebLinkAbout91-08 Ordinance No. 91-8
AN ORDINANCE OF THE TOWN OF DANVII.I.E APPROVING PUD 90-8
PRELIMINARY AND FINAL DEVELOPMENT PLAN - REZONING REQUEST
REZONING A 1.19 ACRE SITE ON THE WEST SIDE OF CAMINO RAMON,
APPROXI/~LATELY 300 FEET SOUTH OF GREENBROOK, TO P-l; PLANNED UNIT
DEVELOPMENT DISTRICT WITH A SITE SPECIFIC USE FOR A 50-UNIT SENIOR
CONGREGATE CARE FACILITY
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 1.19 acre parcel located on the west side of Camino Ramon, approximately 300
feet south of Greenbrook Drive (APN: 218-783-001) is rezoned from P-l; Planned Unit
Development District with a site specific use for recreational vehicle storage to P-l;
Planned Unit Development District v, qth a site specific use for a 50-unit senior congregate
care facility. Rezoning is based upon the approved Preliminary and Final Development
Plan-Rezoning (PUD 90-8) and the Findings and Conditions contained in Attachment A.
SECTION 2. Zoning Map.
The Zoning Map of the Town of Danville is amended accordingly.
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PAGE 1 OF ORDINANCE 91-8
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 it's adoption
and again within 15 days after adoption.
SECTION 4. Effective Date.
This Ordinance becomes effective 30 days after it's adoption.
SECTION 5. Codification.
Sections Two, Three, and Four shall be codified in the Danville Municipal Code. Section
One shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was introduced at a meeting of the Town Council of the Town
of Danville held April 16, 1991, and was adopted and ordered published at a meeting of
the Council held on May 7, 1991, by the following vote:
AYES: Lane, Ritchey, Schlendorf, Shimansky, and Mayor Greenberg
NOES: None
ABSTAIN: None
ABSENT: None '~~,~_,d-~~
MAYOR
AT~yST:
APPROVED AS TO FORM:
.o
;ITY ATTORNEY
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PAGE 2 OF ORDINANCE 91-8
FINDINGS AND CONDITIONS OF APPROVAL
PREHMINARY AND FINAL DEVELOPMENT PLAN PUD 90-8
FINDINGS
The Town Council of the Town of Danville makes the following findings in support of the
Preliminary and Final Development Plan - Rezoning request:
1. The proposed development is consistent with the policies of the Danville 2005
General Plan which supports the location of these land uses in residential areas
where safe vehicular access and effective buffering of neighboring residents can be
achieved and where the facility is residential in scale and appearance, making the
facility compatible with the surrounding neighborhood. (General Plan Policies
1.06 and 1.07)
2. The proposed development will constitute a residential environment of sustained
desirability and stability.
The proposed development will be in harmony with the character of the
surrounding multi-family neighborhood and the Community;
4. Project conditions will serve to mitigate potential significant impacts identified in
the Mitigated Negative Declaration of Environmental Significance prepared for this
project.
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5. Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the locality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing for seniors
qualifies as a special housing need. To be consistent with State and ABAG
regulations, the Town shall pursue housing for special populations such as seniors
in need of affordable housing.
CONDITIONS OF APPROVAL
Notes: "*" denotes standard project conditions
"Mitigation Measure" denotes a special condition required through the
environmental review for the project.
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Unless otherwise specified, the following Conditions shall be complied with prior to
issuance of a building permit for the project. Each item is subject to review and approval
by the Planning Department unless otherwise specified.
A. GENERAL
1. This approval is for a fifty unit - fifty-five occupant residential care facility
identified as "Danville Manor". Ten percent (five units) of the facility may
be utilized as double occupant units, subject to State licensing regulations.
Development shall be substantially as shown on the Preliminary and Final
Development Plan project drawings - "Danville Manor" dated December 17,
1990, prepared by Steven A. Harriman and Associates, consisting of 7 sheets,
marked Exhibit F in the Planning Commission Staff Report dated March 12,
1991, except as may be modified by conditions contained herein.
* 2. The developer shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured. Notice
should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee of $14,000 (based on an equivalent of ten single family
residential units) and the drainage acreage fees as established by the Contra
Costa County Flood Control District.
* 3. Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon Valley
Fire Protection District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these respective agencies.
The Fire District's initial comments on this project are summarized in part
within their letter of December 3, 1990 and as revised December 17, 1990.
* 4. If archeological materiMs are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materials shall be stopped, the Town Planning Department notified, and a
professional archeologist, certified by the Society of California Archeology
and/or the Society of Professional Archeology, shall be notified. Site work
in this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate mitigation
measures, if they are deemed necessary.
* 5. All construction and grading operations, including delivery of materials and
warming up of machinery, 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
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City Engineer, the project developer shall provide security fencing around
the entire site during construction of the project. Any building construction
activity, delivery of construction supplies, or use of pneumatic tools, 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 Chief
Building Official.
6. Health Services Depat:~ment-Environmental Health Division approval of
plans shall be required for any proposed food service prior to building
permit issuance.
7. A van service shall always be provided for residents in the facility.
8. The project owner shall semi-annually furnish the Planning Division with a
current occupancy list of residents and number of employees.
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. A Ughting Plan shall be
submitted at the time of submittal of the Final Landscaping and Irrigation
Plans and shall detail photometric information for the project lighting.
'Wash" security lighting shall be supplied around the entire perimeter of the
facility.
* 2. The location of any pad mounted transformers shall be subject to approval
by the Planning Division 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.
C. LANDSCAPING
* 1. Final Landscape and Irrigation Plans (with planting shown at 1"-~ 20' scale)
shall be submitted for review and approval by the Planning Division. 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
time.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
3. All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size. A minimum of 50% of the trees planted along the Camino Ramon
frontage shall be 24-inch to 36-inch box specimen sized trees.
* 4. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
* 5. 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.
6. The approved street tree along Camino Ramon is Celtis Sinensis.
7. The Final Landscape and Irrigation Plan shall be subject to review and
approval by the Design Review Board prior to building permit submittal.
Emphasis shall be placed on the building frontage to mitigate the visual
mass of the project.
8. Plant selection shall emphasize drought tolerant native species. Use of turf
shall be minimized and shall reflect the planting ratio limits developed by
EBMUD.
9. This development shall install and maintain landscaping within the public
easement along the Camino Ramon frontage.
10. The Final Landscape Plan shall conform to the Town of Danville Water
Conservation Ordinance and Guidelines in place at the time of the approval
of the plans, or other policies that may apply.
11. The Final Landscape Plan shall contain an area with raised planter beds to
provide a "gardening" area for the residents.
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning, fire sprinkler pipes and apparatus
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
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any roof mounted equipment shall not extend above the top of the
equipment well.
* 2. All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Enclosure design shall include six
(6) foot high masonry walls on three sides with steel framed gates and
wood bolted to the gates. Gates will be self-closing and self-latching.
* 3. The street number(s) of the building(s) shall be posted so as to be easily
seen from the street at all times, day and night.
* 4. 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 Planning Division for consideration under a separate application.
5. Samples of final colors and materials have been approved as part of this
entitlement and are on file with the Planning Division. The exterior
building material shall be horizontal wood siding (use of pressboard or
"Masonite" type products are expressly prohibited for exterior surface
areas). The roof material shall be a composition asphalt material with a
minimum 350 pound weight. Any modification or change in approved
colors or materials will require review and approval by the Planning
Department and the Design Review Board.
6. The maximum building height shall not exceed 30' from average finished
grade elevations.
7. (Mitigation Measure) The existing patio located at the rear of the building
shall be enlarged to a minimum dimension of 20' x 25'and shall be covered
and designed with removable partitions to satisfy the mitigation measures
outlined in the Acoustical Study prepared by Charles Salter and Associates,
dated February 12, 1991. The design of this element shall be subject to
Design Review Board Review and approval prior to the issuance of building
permits.
E. PARKING
* 1. All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang.
3. A minimum of twenty-one parking spaces shall be developed as part of this
project. Parking requirements are based on one space for every 2.5 units
or beds, with one additional space for each resident employee occupied
unit.
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. A Geotechnical/Soils Report prepared by a licensed soils engineer shall be
required as a part of the building permit application. The report shall
include a test for uncompacted fill. Development shall be completed in
compliance with the detailed soils report and the construction grading plans
prepared for this project. The soils report shall contain specific
recommendations for foundation design of the building. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall be
accompanied with a Grading and Drainage Plan.
* 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
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City Engineer. Traffic signs and parking restriction signs which may be
required to be installed shall be subject to review and approval by the
Police Department. (Installation of the above to occur prior to building
occupancy.)
* 3. The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
necessary by the City Engineer.
* 4. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 5. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer at full expense to the developer prior to
building occupancy. This shall include slurry seal, overlay or street
reconstruction if deemed warranted by the City Engineer.
* 6. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standards
established in Title 9 of the City Code. At the time Project Improvement
Plans are submitted, the developer shall supply to the City Engineer an
up-to-date Title Report for the subject property.
7. This site has no legal street access as all abutters rights have been previously
relinquished to public agencies. The Town of Danville shall provide access
to this site in accordance with the Applicant's site plan (see Condition
#A~I.). This easement requires Town Council approval. This access
includes pedestrian access only for the northerly proposed entrance and
pedestrian and vehicular access at the proposed driveway opposite Mission
Place.
8. This development shall remove the existing temporary street light on the
existing P.G. & E. wooden pole and install two Town standard street lights
along the abutting Camino Ramon street frontage. (Installation to occur
prior to building occupancy.)
9. This development shall install approximately 100 feet of sidewalk, per the
Town standards, extending off-site from the southerly property line to the
creek crossing along the Camino Ramon frontage. (Installation to occur
prior to building occupancy.)
10. Thig development shall install approximately 330 feet of sidewalk, per the
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Town standards, extending offsite from the northerly property line to the
intersection of Greenbrook Drive along the Camino Ramon frontage.
(Installation to occur prior to building occupancy.)
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. 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 development 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 Deparhnent's requirements. Requirements by the Department
of Fish and Game shall be noted or shown on the construction plans.
* 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 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
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of off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the City policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
sited to meet utility company standards, or in public streets.
* 12. All utilities required to serve the development shall be installed
underground.
* 13. All public improvement plans shall be prepared by a licensed civil engineer.
* 14. The developer shall mitigate the impact of additional stormwater runoff
from this development on the San Ramon Creek watershed by either of the
following methods:
a. Removing 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek near Chaney Road for each
50 square feet of new impervious surface area created by the
development. All excavated material shall be disposed of offsite by
the developer at his cost. The site selection, land rights, and
construction staking will be determined by the Contra Costa Flood
Control District (CCCFCD).
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 CCCFCD will use the
monies to implement the subject improvements. The added
impervious surface area created by the development will be based on
the CCCFCD's standard impervious surface area ordinance.
15. Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District. An
easement in favor of Central Sanitation District exists at the southerly
boundary of this site. No structures shall be constructed in this area.
Existing easement shall be documented on the building permit submittal.
I. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by the Chief of Planning. Any
other change will require Planning Commission approval through the
Development Plan review process.
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* 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. (Mitigation Measures) The recommendations included in the Acoustical
Study prepared by Charles M. Salter and Associates, dated February 12,
1991 shall be implemented with the development of this project.
4. (Mitigation Measure) A twelve foot soundwall, as shown on the approved
Cal Trans plans dated June 18, 1990 shall be in place prior to the
occupancy of the first unit in this project. If the wall is not constructed as
part of the State funded project, the developer will be required to construct
the soundwall along the property boundary to the Cal Trans specifications.
5. (Mitigation Measures) To verify the mitigation measures cited in the
acoustical analysis prepared for this project have been adequately
accomplished, this development shall conduct on-site monitoring prior to
issuance of a final occupancy permit. If the required levels (45 Db interior
and 65 Db exterior) are not met, additional mitigation measures shall be
implemented, to the satisfaction of the Chief Building Official, to achieve the
desired criteria cited in the acoustical analysis.
6. Prior to issuance of a building permit, the developer shall provide
documentation to the Planning Division that all requirements of Contra
Costa County Flood Control District have been met. The District has a
twenty foot access easement along the southern boundary of this property
and have indicated a willingness to abandon this easement. Proof of
abandonment or other means satisfactory to the District shall be
accomplished prior to issuance of a building permit on this site.
7. This development shall provide, in perpetuity, a minimum of 10% of the
units within this facility (5 units) for low and moderate income residents.
Affordable units shall have a rental rate which does not exceed 75 percent
of the upper limit of the rental price affordable to moderate income
households (assuming a 30% assignment of monthly income to rent), as
established by ABAG, HUD measured by the East Bay (Alameda and Contra
Costa Counties) Market Trend Index published by the Real Estate Research
Council of Northern California (hereinafter "the index"). Residents of the
affordable units shall pay the standard rate for other services provided by
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the facility. A deed restriction shall be recorded to provide for this
' condition. The applicant shall annually furnish the Town with
documentation that this condition is being met. Discharge from the
requirements of this condition may be considered only upon approval of
a Revised Final Development Plan, approved by the Town Council, based on
findings that substantially changed conditions make it impossible to find or
maintain qualified tenants in such units. If relief from this condition is
granted for any of the above justifications, the condition allowing 10%
double occupancy shall concurrently be revoked.
8. The applicant shall submit to the Town of Danville the appropriate fees
required by AB 3158 and the adoption of Town Council Resolution No. 11-
91, related to the filing of a Notice of Determination within ten days after
the approval of the project.
9. In an effort to further screen the facility from noise emanating from the
adjoining 1-680 freeway corridor, the developer shall diligently pursue the
necessary approvals through CalTrans to secure right of entry and the
appropriate landscape easement/license to be able to install, at the
developer's cost, off-site landscaping within the State-controlled freeway
right-of-way. If the necessary approvals are secured, said planting shall be
evergreen tree massing along the entire west side of the facility, on the
freeway side of the CalTrans soundwall. Planting ratio shall be a minimum
of I tree for each 15 linear feet (covering a zone extending from 50'+/-
north of the building footprint to 100' +/- south of the building footprint).
Total tree count is estimated to be 35 to 50 trees. Tree species utilized shall
be as approved by the Town and CalTrans. Plant size shall be a minimum
of 15 gallon containers. Irrigation shall be by a drip irrigation system,
acceptable to the Town and CalTrans, that can be abandoned once the
planting material has established itself (estimated to be 3-5 years).
APPROVED BY THE TOWN COUNCIL
ON MAY 8, 1991 ~-
Kevin 7Ga~~ ~e
Chief of Planending'
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