HomeMy WebLinkAboutPUD 85-05FINDINGS AND CONDITIONS OF APPROVAL
PUD 85-5
FINDINGS
A. The Town of Danville Planning Commission hereby finds as
follows in support of the Preliminary Development Plan:
The proposed planned unit development is consistent
with the Town General Plan;
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;
The development will mitigate off site traffic impacts
through the assurance of off site improvements in a
manner acceptable to the Town.
The Planning Commission has reviewed and considered the
Final EIR prepared for the project and has recommended
that the Town Council certify the EIR.
CONDITIONS OF APPROVAL
A. General
The development shall be substantially as shown on the
project drawings labeled "Development Plan, Alternate
A, Magee Diablo Ranch" as prepared by the SWA Group
dated Revised July, 1987 marked Exhibit C on file with
the Planning Department, except as may be modified by
the following conditions of approval.
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 permit is secured.
Notice should be taken specifically of the Town's
Transportation Improvement Program (TIP) fee, Park
Dedication Fee and the drainage acreage fees as
established by the Flood Control District. If
extraordinary off site fees are paid or traffic
improvements are made which exceed the amount of the
residential TIP fees, the Town will consider waiving
the fees.
The develoDer shall comDly with all requirements of the
San Ramon Valley Fire Protection District and the San
Ramon Valley Unified School District.
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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 until a professional archeologist
certified by the Society of California Archeology
and/or the Society of Professional Archeology has had
an opportunity to evaluate the significance of the find
and to suggest appropriate mitigation measures, if they
are deemed necessary.
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Construction and grading operations shall be limited to
weekdays (Monday through Fridays) during the hours from
7:30 a.m. to 5:30 p.m., unless otherwise approved in
writing by the City Engineer.
B. Site Planning
Ail lighting shall be installed in such a manner that
glare is directed away from surrounding properties and
rights-of-way.
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.
3. Development of the site shall occur as follows:
Up to 257 dwelling units may be constructed on the
site except that the final number may be adjusted
through consideration of the Tentative Subdivision
Map and Final Development Plan.
Lots in Area A, F, and Area E shall be developed
in accord with the R-20 standards of the Zoning
Ordinance.
Areas D1, D2, D3, C and G shall be developed in a
manner consistent with the R-10 standards for the
Zoning Ordinance, excepting that lot sizes shall
be generally as indicated on the development plans
or addendums referenced in these conditions and
except as follows:
±)
a minimum of 10 feet of side yard set back
from the top of slope and 5 feet from the
bottom of the slope shall be maintained if
the grade difference between adjacent
building Dads exceeds seven (7) feet in
height. The setback from the top of slope
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may be reduced to 5 feet provided that a
single story element of the structure is
located adjacent to the top of slope.
ii)
All rear setback requirements shall be
measured from the top or toe of slopes
adjacent to the building pad.
iii)
The difference in pad elevation between
adjoining lots shall not exceed twelve feet
except where the lots are adjoining due to
common rear lot lines. Specific exceptions
to this standard may be considered through
review of the Final Development Plan and
Tentative Map.
iv)
Lot width shall be determined at the time of
review of the Final Development Plan subject
to generally complying with the width
requirements in the R-10 Zone District.
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Area B shall be developed in a manner consistent
with the R-15 standards of the Zoning Ordinance
excepting that lot sizes shall be generally as
indicated on the addendum drawing referenced in
Condition B.$.a.
The following additional plans and information shall be
submitted for review at the time of Final Development
Plan consideration:
Location and design of all fencing proposed
including but not limited to individual lot
fencing, fencing adjacent to open space areas and
fencing along public rights of way as appropriate;
b. Architectural drawings;
A plan for bicycle and pedestrian circulation
within the development;
d. Details for improvements of the recreation area.
The developer shall enter into an acceptable agreement
with the Town addressing the disposition, improvement,
maintenance, and use of lands designated as open space
prior to issuance of grading permits or recordation of
Final Maps for the project, whichever shall occur
first.
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Covenants, Conditions and Restrictions, Articles of
Incorporation and By-Laws for a mandatory homeowner's
association shall be prepared for the project. The
Town shall be made a third party beneficiary as to the
sections of the CC & R's which address any applicable
conditions included in the project conditions of
approval. Prior to filing a final subdivision map, the
City Attorney shall review the CC & R's to assure that
all applicable conditions of approval have been
addressed.
Openings to open space areas in addition to those
proposed by the East Bay Regional Parks District shall
be evaluated through consideration of the Final
Development Plan.
The following modifications to the land plan shall be
incorporated into the project subject to review at the
time of consideration of a Tentative Map:
ae
Development in Area B shall be substantially in
accord with the addendum drawing C-8 for Area B
dated August 17, 1987.
Development in Area C shall be substantially in
accord with the addendum drawing for Area C dated
August 17, 1987.
Courts D2.2 and D2.3 shall be redesigned to provide
more suitable lot configurations.
Lots 102, 103 and 104 shall be redesigned to provide
more suitable lot configurations. Lots 102, 103 and
104 may need to be combined to provide only two lots at
the Final Development Plan Review.
Lot 42 shall be deleted or modified to provide more
suitable building area, setback from the creek without
grading on the adjacent hill.
The southeast corners of lots 19 and 20 shall be
included in the open space to provide a wider access to
the open space from Blackhawk Road.
Lots 1 and 2 (on the east parcel) shall be deleted.
Alternate uses for this area of the site may be
considered at the time of review of the Final
Development Plan.
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Development in Area G. shall be substantially in accord
with the addendum drawing for Area G dated August 17,
1987.
Development in Area A shall be substantially in accord
with the addendum drawing C-7 for Area A dated August
17, 1987.
C. Landscaping
A final landscaping plan shall be submitted for review
and approval by the Chief of Planning prior to approval
of a Final Map. The landscaping plan shall address
entry landscaping, landscaping of graded slopes, and
landscaping of the recreation area.
Ail plant material shall be served by an automatic
underground irrigation system excepting the landscaping
installed in the open space areas in graded slopes, and
where drought resistant materials are acceptable to
staff, and shall be maintained in a healthy growing
conditions.
Ail 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.
Ail landscaped areas not covered by shrubs and trees
shall be planted with live ground cover subject to
review and approval at the time of consideration of the
final landscaping plan.
A plan shall be submitted for consideration at time of
application for Final Development Plan which reflects
the location, type and condition of all trees within or
adjacent to the developed portions of the site
exceeding ten inches in diameter measured four feet
above ground level. All trees within the development
area shall be tagged for ease of review at the time of
consideration of the Final Development Plan. Trees to
be saved and removed shall be identified. All
practical measures shall be taken to save the greatest
number of trees on the site consistent with the tree
survey of the site dated August 13, 1987. An arborist
shall be present on the site at the time of grading of
Area C to ensure appropriate measures are taken to
protect the large tree in this area.
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Ail cut slopes above areas to be developed with
residential units shall be landscaped with tree
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planting and hydroseeding to achieve a natural
appearance. Trees planted in this area may include
seeds, seedlings, 1 gallon, 5 gallon and larger trees.
Street trees shall be planted at a ratio of 2.5 trees
for each 10,000 square foot or larger lot, and 2 trees
for each 5,000 square foot lot.
D. Architecture
Ail 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). No mechanical equipment
shall be mounted on the roof of any structure on the
site.
Single family structures shall be designed in accord
with the following criteria:
Each model shall have a minimum of three
architectural elevations.
Ail four exterior unit elevations 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.
Variation shall be included in the three rooflines
proposed with each floor plan.
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White stucco'finishes and/or red tile roofs shall
be avoided in favor of beige or earthtone colors.
Ail air conditioners/Condensers shall be ground
mounted and screened from public view.
Approved spark arrestors shall be installed on
each chimney used for fireplaces and appliances in
which solid or liquid fuel may be used.
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The same unit plan or elevation shall not be
located next to or directly across the street from
each other.
Front yard setbacks ~hall be varied to create
additional visual relief.
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On opposing corner lots, a minimum of one unit
shall be single story design. Single story units
are encouraged on corner lots to the greatest
extent possible.
Single story houses shall be integrated
appropriately to provide variety in the
streetscape.
Plans for single family home structures shall be
submitted for review and approval by the Architectural
Review Committee prior to approval of a Tentative Map.
Prior to the issuance of building permits, samples of
final colors and materials selected for all single and
multiple family structures shall be submitted to the
Planning Department for review and approval.
Substitutions for approved colors shall be submitted
for review and approval by the Planning Department.
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Ail development and construction on the site shall be
consistent with Danville's Residential Development
Standards.
Grading
Any grading on adjacent properties will require written
approval of those property owners affected. Such
written approval shall be submitted with the
application for a grading permit.
Areas undergoing grading, and all other construction
activities shall be watered, or treated with other dust
control measures to prevent dust. These measures shall
be approved by the City Engineer and employed at all
times as conditions warrant.
Graded areas shall not exceed a slope of 3:1, excepting
slopes between building pads with less than seven feet
of grade difference between adjacent pads, and where
the slope is between common rear lot lines,in which
cases the slopes may be graded to 2:1.
Grading proposed on the hills within the open space
area shall be contoured to simulate the existing hill
form, not resulting in concave or straight cut slopes.
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Streets
The developer shall obtain an encroachment permit from
the Engineering Department prior to commencing any
construction activities within any public right-of-way
or easement.
Ail street signing shall be installed by the developer
as required by the Town. This shall include, but is
not necessarily limited to "Stop", "No Parking", "Not a
Through Street", and street name signs. Traffic signs
and parking restriction signs shall be approved by the
Police Department.
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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.
Handicapped ramps shall be provided and located as
required by the City Engineer.
This development shall be provided with a safe and
effective circulation system for bicycles and
pedestrians. These facilities shall be designed and
installed to the satisfaction of the City Engineer and
shall be separated from vehicular traffic wherever
possible.
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.
The developer of this subdivision and the developer of
the Rassier project shall be jointly responsible for
construction of all the street and related improvements
listed below as these improvements are set forth in the
Town of Danville Capital Improvement Program:
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Widening of Diablo Road between E1 Cerro Boulevard
and Green Valley Road;
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Widening of Diablo Road between Camino Tassajara
and E1 Cerro Boulevard;
Reconstruction and widening of E1 Cerro Boulevard
between 1-680 and Diablo Road: and
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Installation of traffic signals and associated
intersection modifications at the intersections of
Diablo Road/E1 Cerro Boulevard and Diablo
Road/Green Valley Road.
The proportionate responsibility of each project shall
be determined by the Chief of Planning and the City
Engineer based on consideration of the number of
dwelling units contained in the Rassier and Magee
Diablo Ranch projects.
Satisfaction of this condition will require actual
construction of improvements based on the following
criteria:
At the time that this project proceeds with filing
of the initial Final Map for the project, 100% of
improvements (a) and (d) cited above shall be
constructed or financially assured.
If a Final Map for the first phase of the Rassier
Ranch project is not approved prior to issuance of
building permits for greater than 50% of the lots
within this subdivision, improvement (c) cited
above shall be constructed or financially assured
prior to issuance of any permits which exceed 50%
of the total lots in this subdivision.
The developer may seek reimbursement through a
reimbursement agreement for reimbursement of costs
incurred through construction of the above improvements
which exceed this developers responsibility as
determined in the manner described above.
Reimbursement from the developer of the Rassier Ranch
project and other in-fill development in the vicinity
will be considered by the Town Council.
If a Final Map for the Rassier Ranch development is
recorded prior to development of this subdivision, the
developer of this subdivision shall be responsible for
constructing or financially assuring any improvements
cited herein not constructed or assured by the
developer of the Rassier Ranch. Additionally, if a
reimbursement agreement is applied for by the developer
of the Rassier Ranch, and the agreement is approved,
the developer of this subdivision shall be required to
,reimburse the developer of the Rassier Ranch for this
project's share of improvements which may already be
constructed.
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10.
11.
12.
13.
The developer of this subdivision and the developer of
the Rassier Ranch shall be responsible for funding a
25% share of the Green Valley Road improvement costs as
identified in the Town's Capital Improvement Program.
The proportionate responsibility of each project shall
be determined by the Chief of Planning and the City
Engineer based on consideration of the number of
dwelling units contained in the Rassier and Magee
Diablo Ranch projects. The identified fee shall be
paid at the time of filing the initial Final Map for
the development.
Project streets shall comply with the standards
established in Title 9 of the City Code.
Still Creek Road shall be extended into the site as an
emergency vehicle and bicycle/pedestrian access only.
The developer of this project shall be responsible for
funding the installation of a traffic signal at the
intersection of Hidden Oaks Drive and Blackhawk Road if
determined by the Town Council to be necessary. Timing
and need of the installation of the signal shall be
addressed through review of the Final Development Plan
and Tentative Map.
The developer of this project shall be responsible for
financially assuring or constructing improvements to
Diablo Road easterly of Green Valley Road to include
realignment of portions of the road and adding
shoulders. These improvements shall be constructed or
assured at the time of approval of the initial Final
Map for the project.
Conditions of this approval require the construction of
certain roadway improvements within the Town of
Danville (see condition F.7) with the specific intent
of maintaining a level of service 'D' traffic
condition. Prior to approval of each respective Final
Map for the project, the developer shall prepare an
update to the TJKM traffic study to determine if the
mid-range level of service 'D' traffic condition will
be maintained at all locations within Danville where
traffic improvements are required to be made by this
developer. If this level of service is exceeded at the
locations described above, no further Final Maps shall
be recorded until the programmed improvement is
completed or financially assured.
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G. Infrastructure
Water supply service shall be provided by the East Bay
Municipal Utility District in accordance with the
requirements of the District. Annexation to the
District as may be necessary shall be completed prior
to approval of a Final Map.
Sewer disposal service shall be provided by the Central
Contra Costa Sanitary District in accordance with the
requirements of the District. Annexation to the
District as may be necessary shall be completed prior
to approval of a Final Map.
Drainage facilities, maintenance thereof, and easements
shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer of the Contra Costa
County Flood Control District.
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Ail storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest approved downstream facility.
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Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain facility,
or as approved by the Town.
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Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe.
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Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways.
Any portion of the drainage system that conveys runoff
from public streets shall be installed within a
dedicated drainage easement, or public street.
If a storm drain must cross a lot, the minimum storm
drain easement width shall be ten feet. Wider
easements will be required in some cases based on pipe
size and depth.
10.
The developer shall comply with all relevant
requirements of the Contra Costa County Flood Control
District.
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11.
12.
13.
14.
15.
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.
Ail utilities required to serve the development shall
be installed underground.
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 as contained
herein.
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 project
developers each year by October 15.
A complete drainage study shall be submitted with the
application for Tentative Subdivision Map addressing
both tributary area flows and effects on downstream
16.
17.
capacity. The study shall also address the need for
detention facilities on site and the sizing and
location of any such facilities.
Storm drain facilities shall be designed to channel
water into natural drainage ways. Prior to inlets,
trash and debris racks will be required. 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 tops of slopes.
Storm drains shall be placed in streets or open space
corridors wherever possible and the plan shall be
designed so that this can be accomplished without the
pipes being excessively deep.
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18.
The Town will contract with a qualified "third Party"
for the purpose of conducting an independent review and
appraisal of the geologic report on this project. The
cost of this review shall be borne by the applicant and
will be based on time and materials plus a 1%
administrative fee. Applicant shall provide the Town
all necessary data to facilitate this review prior to
submittal of a Tentative Map. The initial review will
be completed within 3 weeks of submittal of the data,
at which time the applicant and his soils engineer
shall address all comments and resubmit the complete
package for final review. Concurrent with the final
review the applicant's engineer shall make any
necessary changes on the tentative map which result
from the third party review, together with other
necessary modifications called for in these conditions
and the reVised tentative map may be submitted.
19.
Prior to recordation of a final map, the applicant
shall prepare a study addressing the need for day care
facilities generated by this project. The applicant
shall make provisions within the subdivision to address
this demand through setting aside a suitable site for
the development of day care facilities, designing
project recreational facilities to accommodate joint
usage with day care, payment of a per unit fee to be
used towards construction of day care facilities or
other alternatives acceptable to the Town of Danville.
If the developer chooses to pay a per unit fee, the
Town shall be notified of the developer's intent in
writing and the fee shall be set by the Town Council
within 120 days of the receipt of the letter.
APPROVED BY THE TOWN OF DANVILLE
TOWN COUNCIL ON OCTOBER 19, 1987
C~{ of Planning
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