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HomeMy WebLinkAboutPUD 86-01BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Granting Rezoning of Land from R-20 to P-1 and amending the Zoninq Map of the City ORDINANCE NO. 103 The City Council of the City of Danville DOES ORDAIN as follows: Section 1. Rezoning. That the 26 ± acre parcel located at 675 La Gonda Way (APN: 200-070-003, 004) otherwise knows as the Barrett property, and shown on the attached Exhibit B is rezoned from R-20 to P-1 zoning district. Rezoning is based upon the approved Preliminary Development Plan for PUD 86-1, as conditioned by the requirements listed in Exhibit A. Section 2. Zoning Map. The zoning map of the City of Danville is amended accordingly. Section 3. Publication. The City Clerk shall either a) have this ordinance published once within fifteen 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 fifteen days after adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville at a meeting held on November 20 , 1986, and was adopted and ordered published at a meeting held on June 25 , 1987, by the following vote: AYES: Kennett, Lane, Offenhartz, Scblendorf NOES: McNeely ABSENT: None ABSTAIN: None ATTEST:7/ City Clerk - ' ~ayor._3 ( DANVILLE KNOLLS - FLANIGAN EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL PUD 86-1, PRELIMINARY DEVELOPMENT PLAN FINDINGS The Town of Danville hereby finds as follows in support of the P-1 Zoning and 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 of a harmonious, integrated plan justifies exceptions from the normal application of this Town code through the P-1 ordinance.. The previously certified EIR prepared for the E1 Cerro General Plan Amendment combined with the archaeological report prepared for the site and the Negative Declaration prepared for application PUD 86-1 fully discuss the potential impacts associated with development of the Danville Knolls property satisfying the requirements of the California Environmental Quality Act. A. General The development shall be substantially as shown on the Preliminary Development Plan drawings labeled Danville Knolls, as prepared by DeBolt Civil Engineering and Dahlin Group, Inc. as revised and dated October 2, 1986, and marked Exhibit C on file with the Planning Department except as modified by the following conditions of approval. Pursuant to archaeological report prepared for the site, lots 33-50 shall be deleted from the plan, capped and designated as permanent open space. The total number of units to be developed on the site shall be up to 46 with a recreation area to be located adjacent to lot 20. However, up to 52 dwelling units may be considered if the d~¥~loper i~ willing to Dersue option B-4 on page 12 and option B on Chart C-4 following p20 in the April 1987 study for the midden area prepared by Dillingham Associates. If such an option is pursued the applicant shall not be responsible for off site property or easement acquisition. 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 Residential Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Flood Control District. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Unified School District. Construction and grading operations 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. A phasing plan shall accompany the Final Development Plan/Tentative Map. Site Planning A public access easement shall be offered for dedication along San Ramon Creek as a part of a continuous trail system as referenced in the General Plan. This should include an easement of up to 50 feet in width for public access along the eastern bank of the creek and along the intermittent creek as it traverses the project site. The precise location of this easement and associated trail improvements shall be determined by the City Parks and Leisure Services Commission prior to approval of a Final Development Plan and Tentative Map for this project. Ail lots shall provide for a minimum sideyard separation of 20 feet between units, with front and rear yard setbacks of 20 feet. Ail lots shall have a minimum lot size of 6000 square feet. Lots adjacent to the southern property line (lots 7-15) of the site shall be developed to R-10 standards including setbacks, except that all units shall incorporate a minimum 40 foot rearyard setback adjacent to %he sou%hem proDert¥ line. Lot 15 shall incorporate a minimum 30 foot sideyard setback along the southern property line. Lots adjacent to the prominent knoll on the site (lots 54-63) may reduce front yard setbacks to less than 20 feet. Roll up garage doors and automatic garage door openers shall be provided with these units. Each lot shall provide for two off-street parking spaces. Guest parking in parallel bays shall be provided at a ratio of one space per unit. Ail units with creekside frontage in rear yard areas shall incorporate open fencing, welded wire mesh or similar to preserve creek views. A minimum 40 foot landscaped setback shall be provided along La Gonda Way, between La Gonda Way and the rear property line of lots 1-7. 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. 10. Details related to the design and width of the access road to the midden site, the level of improvement to the midden area, location and amount of parking to be provided and the relationship of adjacent lots to the midden area shall be reviewed and approved by the Town Council prior to approval of a Final Development Plan and Tentative Map by the Planning Commission. C. Cultural Resource Protection The PUD shall be revised to incorporate option 1 (capped open space) contained in the archaeology report prepared for the site by David Chavez dated December 1986. Minimum improvements to be provided by the developer shall include hydroseed of the fill area for erosion control. Other improvements shall be considered by the Town Council prior to the approval of a Final Development Plan and Tentative Map by the Planning Commission. The developer shall be responsible for capping and securing the midden site to the satisfaction of the Fark~ and Leisure ~rvic~ D~Dartment. This may include fencing and gating the midden area. Public access shall be provided to the midden area from La Gonda Way. This access shall also serve as the access to the drop structure for Flood Control purposes. The banks of the creek shall be landscaped and retained where necessary in order to prevent erosion of the banks and to preclude general public access to the midden area. 0 Ail excavation of the midden area is prohibited unless written approval is obtained from the Town of Danville. The midden area shall be retained in public ownership by The Town of Danville. The Town of Danville shall become a third party beneficiary in the subdivision C C & R's with regard to applicable Conditions of Approval contained within this approval. The Town of Danville shall be the permitting agency which will control access to the midden site. The Town of Danville shall be charged with the responsibility of determining which bonafide interest groups or individuals are allowed access to the midden site. The C C & R's shall incorporate all relevant Conditions of Approval attached to this project and wilt be subject to review and approval by the City attorney. D. Landscaping A final landscaping plan shall be submitted as a part of the Final Development Plan. Ail existing trees on the site shall be shown on the landscape plan and shall be preserved to the extent practicable. Removal of oak trees on the site will be allowed only upon written approval of the Planning Department as indicated on final plans. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 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. A minimum 9o £Qo% w~de lan~p~d buffer including trees, 4 shrubs and groundcover shall be provided along the developed frontage La Gonda Way. A masonry wall or wood and masonry pilaster fence shall be provided along the rear property lines of lots 1-7. Street trees shall be provided at a ratio of two per lot with three per lot on all corner lots. e The open space area east of lot 53 and south of lot 54 shall be landscaped to provide a focal point for traffic entering the project site. Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover excepting the open space area including the knoll at the northeast corner of the site. Ail common areas shall be maintained by a homeowner's association. E. Architecture The street number(s) of the building(s) shall be posted so as to be easily seen from from the street at all times, day and night. Prior to the issuance of a building permit, samples of final colors and materials selected shall be submitted to the Planning Department for review and approval. Structural setbacks from the creek shall conform with the Town approved standards. Ail construction shall be built in accordance with the mitigation measures outlined in the acoustical analysis report prepared for the project and dated May 20, 1986. No structure shall exceed 28 feet in height above grade. A minimum of three elevations per floor plan shall be provided; two identical floor plans or elevations shall not be located next to or directly across the street from one another. Single story units shall be places on all corner lots. Ail architecture shall be reviewed and approved by the Design Review Board of the Planning Commission prior to Commission consideration of a Final Development plan and Tentative Map. 5 Fe Grading Any grading on adjacent properties will require written approval of those property owners affected. 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. e Ail grading shall substantially conform to the Final Development Plan. No grading for building pads shall occur for lots 54-63. The area of the site to be designated for Cultural Open Space shall be "capped" with an appropriate amount of fill as determined by an accredited archeologist, consistent with the archaeological study for the site. 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. 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. The Final Development Plan shall be provided with a safe and effective walkway system for pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and Chief of Planning. Any damage to street improvements now existing or done during construction on or adjacent to the subject 6 He 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. Ail streets shall have a minimum of 24 feet of paving throughout the development with no on-street parking permitted, except as provided for in parallel bays. Improve La Gonda Way to a 40 foot wide (curb to curb) street to Town standards with paving, curb and gutter, street lights and meandering walkway. Ten feet of right-of-way should be provided beyond the curb along the frontage of this property. The maps shall be dimensioned to show the distance from the center line of the La Gonda Way right-of-way. Ail temporary stub streets shall be provided with a temporary turn around until the next phase of development is constructed. 10. Abutter's rights shall be relinquished along La Gonda Way except for the main entrance road. 11. The main entrance road shall be redesigned to provide for a greater curve radius and a 90 degree intersection with cross streets in the vicinity of lots 1, 25 and 53. Infrastructure Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District, unless approval is secured to utilize a well system. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District, unless approval is secured to utilize a well system. 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. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 7 e 10. 11. 12. 13. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 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, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. 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. Flood Control District responsibility for maintenance of San Ramon Creek shall be limited to maintenance of the drop structure, clearing of debris and sediments as necessary to maintain capacity and preventing future erosion from exceeding the limits of the flood plain. County Flood Control Shall have the right of access over any private street within the project and access to the drop structure. A drainage study for the site shall be prepared and submitted for review and approval by the City Engineer prior to issuance of grading permits or recordation of a Final Map. APPROVED BY THE TOWN OF DANVILLE TOWN COUNCIL ON JUNE 25, 1987 8 · EXHIBIT B '.