HomeMy WebLinkAboutPUD 86-02FINDINGS AND CONDITIONS OF APPROVAL
PUD 86-2, SD 6829
FINAL DEVELO~ PLAN ANDVESTING
TENTATIVE SUBDIVISION MAP
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The Town of Danville hereby finds as follows in support of
the Final Development Plan:
The proposed planned unit development is consistent
with the Danville General Plan and the Preliminary
Development Plan approved by the Town Council on
November 6, 1986 through adoption of Ordinance 98.
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 and
drainage impacts through the assurance of off site
improvements in a manner acceptable to the City.
The previously certified EIR prepared for the Dougherty
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
Morgan Property satisfying the requirements of the
California Environmental Quality Act, based on the
following specific findings:
Contra Costa County adopted findings regarding the.
Environmental Impact Report through adoption of
Board of Supervisors Resolution 85/133 and
Planning Commission Resolution 47-1984 (SR)
including mitigation measures for the project,
Pursuant to these mitigation measures, additional
studies related to soils and geology, noise and
traffic have been completed identifying specific
mitigations, and
Use of the prior EIR as a "Program EIR# is
appropriate based on the following:
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(1) ~hat feasible mitigation measures and
--alternatives developed in the EIR for the
Dotlgher~y Road Area General Plan Amendment have
been incorporated; (2) that subsequent changes in
~he project including a reduction in density and
relocation of higher density units to the corner
of Dough.try Road and Camino TassaJara do not
require important revisions of the prior EIR; (3)
that there has not been substantial changes with
respect to the circumstances under which the
project is undertaken which require important
revisions of the prior EIR; and, (4) no new
information of substantial importance to the
project has become available which would require
an additional EIR.
The Town of Danville hereby finds as follows in support of
the Vesting Tentative Subdivision Map:
The proposed map is consistent with the Danville
General Plan and is consistent with the Preliminary and
Final Development Plans for the project;
The design and improvement of the proposed subdivision
is consistent with the Danville General Plan, will not
cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat~
The design of the subdivision or type of improvements
is not likely to cause serious public health problems~
The site is physically suitable for the proposed
density of development;
The design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision provided that
upon abandonment of Dougherty Road appropriate
alternatives exist for access south of the site, and
public utility requirements are addressed through
provision of easements in alternate locations·
The previously certified EIR prepared for the Dough.try
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
Morgan Property satisfying the requirements of the
California Environmental Quality Act, based on the
following specific findings=
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Contra Costa County adopted findings regarding the
--Envirormental Impact Report through adoption of
Board of Supervisors ResolutiOn 85/133 and
Planning Commission Resolution 47-1984 (SR)
including mitigation measures for the project,
be
Pursuant to these mitigation measures, additional
studies related to soils and geology, noise and
traffic have been completed identifying specific
mitigations, and
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Use of the prior EIR as a "Program EIR" is
appropriate based on the following=
(1) that feasible mitigation measures and
alternatives developed in the EIR for the
Dougherty Road Area General Plan Amendment have
been incorporated~ (2) that subsequent changes in
the project including a reduction in density and
relocation of higher density units to the corner
of Dougherty Road and Camino TassaJara do not
require important revisions of the prior EIR~ (3)
that there has not been substantial changes with
respect to the circumstances under which the
project is undertaken which require important
revisions of the prior EIR~ and, (4) no new
information of substantial importance to the
project has become available which would require
an additional EIR.
CONDITIONS OF APPROVAL:
The development shall be substantially as shown on the
project drawings labeled "Morgan Property, Final
Development Plan", as prepared by Frisbee, Wood and
Associates dated 3/6/87 and the tentative map labeled
"Vesting Tentative Map, Tentative Subdivision No. 6829,
Morgan Property", as prepared by Bissell and Karn on
file with the Planning Department except as 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 Townts
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Transportation Improvement Program (TIP) fee, Park
Dedication Fee and the drainage acreage fees as
~t~blished by the Flood Control District as these fees
B~F &pply to this project.
If extraordinary off-site fees are paid which exceed
the amount of the residential TIP fees, the Town will
consider waiving the fees. Drainage acreage fees
relating to the Alamo Creek watershed protection plan
shall not be applicable unless drainage from the
project is directed to Alamo Creek.
The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District and San Ramon
Valley Unified School District as provided in the Fire
Code and in the letter from the District dated
11/11/86. Written confirmation from representatives of
these two districts shall be submitted to the Town
prior to approval of a Final Map indicating compliance
with their respective requirements.
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.
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.
Approval of this Vesting Tentative Subdivision Map and
Final Development Plan is contingent upon annexation of
the site to the Town of Danville. If annexation has
not been completed within 12 months of the approval
date, this approval shall be null and void, unless an
extension of this time is granted by the Town in
writing prior to expiration of the 12 month period.
B. Site Plannina
All lighting shall be installed in such a manner that
glare is directed away from surrounding properties and
rights-of-way and shall be consistent with a general
design theme established for the Sycamore Valley and
this area subject to review and approval by the Chief
of Planning.
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The location of any pad mounted transformers shall
.- be subject to approval by the Planning Department
prior to the issuance of a building permit.
· enerally speaking, such transformers shall not be
located between any street and the front of a
building.
213 dwelling units may be constructed on the site
as follows:
a. 101 single family detached units
b. ii: multiple family units on a seven acre
site.
The following requirements shall apply to the
single family lots:
Compliance with the R-6 requirements of the
Zoning Ordinance except that a minimum of
fifteen feet shall be provided between all
adjacent dwelling units and lots which abut
the west property boundary shall comply with
the R-10 requirements of the Zoning Ordinance.
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A minimum of 20 feet of usable rear yard area
shall be provided for each lot. This 20 feet
shall not include areas within slopes.
If the side slope between adjacent lots
exceeds 5 feet in height (based on building
pad elevation) the setback from the bottom of
'the slope shall be 5 feet, and the setback
from the top of the slope shall be 10 feet.
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Prior to issuance of building permits for each
phase of the development a composite unit
siting plan shall be submitted for review and
approval by the Chief of Planning.
The following requirements shall apply to the
multiple family site:
Structures and parking areas shall be set back
a minimum of 30 feet from the ultimate right
of way line at Camino TassaJara.
b. A minimum building separation of 15 feet shall
be maintained between all structures including
any patio %r deck elements.
Driveway areas shall be 28 feet in width
adjacent to perpendicular parking stalls.
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LandscaDina
Driveway areas shall be a minimum of 10 feet
in length.
Prior to issuance of a building permit, a
final site plan shall be submitted for review
and approval by the Chief of Planning. The
exact number of parking stalls, their location
and design shall be determined at that time.
Fencing and/or walls shall be installed as.
follows:
ao
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Any wall installed along Camino Tassajara
adjacent to the multiple family site shall be
of masonry construction to match the masonry
wall along Sycamore Valley Road and Camino
TassaJara as constructed by the Sycamore
Valley assessment District.
A heavy wood fence with pilasters to match the
masonry wall shall be installed along the west
side of the entry road extending to the end of
the curb return on aA" Court, along the east
property line of lots 30 through 47 and as
needed along the east side of the entry road
adjacent to the multiple family site.
Open fencing adjacent to the open space area
on an as needed basis.
A final landscaping plan shall be submitted for
review and approval by the Planning Department
prior to the recordation of a final map for the
project.
All plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growing condition.
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Ail trees shall be a minimum of 15 gallon
container size and properly staked. Shrubs not
%teed as ground cover shall be a minimum of 5
gallons in size. A minimum of 2 street trees
mhall be planted per unit, at the time of
completion of the units.
With the exception of the open space parcel, all
landscaped areas not covered by shrubs and trees
shall be planted with live ground cover·
All existing trees on'the site shall be preserved
to the extent practicable: removal will be allowed
only upon written approval of the Planning
Department as indicated on final plans.
A landscaped setback of 30 feet shall be provided
along the Camino TassaJara frontage. This
landscaping shall include a hardscape element
which separates the multiple family project from
the Camino TassaJara landscaped area. Landscaping
of this frontage shall be consistent with the
landscaping along Camino TassaJara within the
Sycamore Valley Specific Plan Area, and the Town
of Danville Street Beautification Guidelines.
A landscape maintenance easement shall be
established along the property's Camino TassaJara
frontage. This area shall participate in a 1972
Act Landscape and Lighting Maintenance District.
All cut slopes above areas to be developed with
residential units shall be landscaped with native
tree planting and hydros..ding to achieve a
natural appearance.
Landscaping along both sides of the project entry
road extending to #A" Court shall be maintained by
a homeowners association except that other means
of maintenance acceptable to the Town may be
considered prior to approval of the Final Map.
Architecture
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. No mechanical equipment shall be
mounted on the roof of any single or multiple
family structure.
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Multiple family structures shall be constructed
substantially in accord with the 6 sheet set of
plans titled .Signature Properties 116 Unit
Apartment Project" prepared by Dahlin Group and
dat~ 6/19/86 except that up to 112 units shall be
constructed in accordance with the site plan cited
in condition A.1.
Single family structures shall include 4 models
subject to but not limited to the following
criteria=
a. Each model shall have a minimum of three
architectural elevations.
All four exterior unit elevations shall be
architecturally dimensioned trim-ed and
detailed similar to front elevations. Trim
material around doors and windows shall be a
minimum of i 5/8" thickness.
c. Some variation shall be included in the three
rooflines proposed with each floor plan.
d. White stucco finishes shall be avoided in
favor of beige or earthtone colors·
e. Ail air conditioners/condensers shall be
ground mounted and screened from public view.
f. Approved spark arrestors shall be installed on
each chimney used for fireplaces and
appliances in which solid or liquid fuel may
be used.
g. The same unit plan or elevation shall not be
located next to or directly across the street
from each other.
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Front yard setbacks shall be varied to create
additional visual relief.
All side and rear elevations shall be trimmed
and detailed similar to the front elevations
on lots 1 through 4 and 44 through 50 as may
be required by the Architectural Review
Cowmittee.
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·
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Single story houses shall be interspersed
appropriately to provide variety in the
etreetscape.
FAaz~ for both single and multiple family structures
~lall be submitted for review and approval by the
Architectural Review Committee prior to approval of a
Final 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.
All development and construction on the site shall be
consistent with Danville's Residential Development
Guidelines.
Gradinu
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·
3. Graded areas shall not exceed a slope of 3:1.
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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·
All such areas shall be landscaped in accordance with
Condition C 8.
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Pad elevations on lots 29 through 48 shall be lowered
or other measures taken to substantially reduce or
eli~inate the grade separation from the adjacent lot to
the east. Developers of these two parcels shall
cooperate toward achieving pad elevations which are
mi~ilar, avoiding grade differences where possible. An
agreement with the adjacent developer shall be
submitted prior to approval of a Grading Plan or Final
Map detailing the manner in which the coordinated
grading plan will be implemented.
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T~e~eveloper shall obtain an encroachment permit from
~Engineering Department prior to commencing any
~truction activities within any public right of way
or easement.
Ail street signing shall be installed by the developer
as required by the City. 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. Street signs shall be consistent
with the design theme established for the Sycamore
Valley subject to review and approval of the Chief of
Planning.
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 including the multiple family site
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 Chief of Planning and shall be
separated from vehicular traffic wherever possible
including trail linkages to adjacent projects. The
linkage which shall connect with a trail on Parcel 'F'
of the TassaJara Ranch project shall be coordinated
with the site design of Parcel 'F' such that it can
conveniently cross Crow Canyon Road at a controlled
intersection.
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
re~nstruction if deemed warranted by the City
Engineer.
The developer shall relocate Dougherty Road within the
project as indicated on the proposed tentative map.
Said relocation shall include relocation and
undergrounding of any utilities and relocation of any
easements attendant thereto which currently lie within
or adjacent to the existing Dougherty Road. The
developer shall coordinate the relocation with all
affected utility companies.
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10.
11.
The Final Map for ~his development may be approved only
after or concurrent with summary vacation of the
existing Dough.try Road. In the event that vacation of
~ roadway is not possible, the subdivision shall be
redesigned to include the existing Dough.try Road as a
project street subject to review and approval by the
Planning Commission.
Additional right of way shall be dedicated to th. Town
on the south side of Camino TassaJara to provide a 64
foot half street. The developer shall construct
improv~ments within this right of way to include:
widening of Camino TassaJara to provide 36 feet of
pavement in the eastbound direction.
be
landscaping improvements within and adjacent to
the right of way consistent with landscaping
within the Sycamore Valley Specific Plan Area.
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pedestrian and bicycle circulation improvements
consistent with those on the south side of Camino
TassaJara within the Sycamore Valley Specific Plan
Area.
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Street lighting consistent with the spacing and
fixture type selected for the Sycamore Valley
Specific Plan.
Construction and landscaping of a 16 foot wide
median with necessary turn lanes along the entire
street improved by this developer.
These improvements shall be completed in
conjunction with the initial phase of construction
on the site.
Dough.try Road shall be improved as a 36 foot wide
curb-to-curb street within a 56 foot right of way with
installation of street paving, curb and gutter,
sidewalk and street lighting. Sidewalk is required on
both sides of the street within this subdivision. The
existing Dough.try Road curb returns on the south side
of Camino TassaJara will require relocation.
The full-width street improvements are required along
the frontage of each lot within all phases. All of
Dough.try Road shall be constructed within the first
single family residential phase.
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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 occur prior to
approval of any Final Subdivision 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 occur prior to
approval of any Final Subdivision Map.
Drainage facilities and easements shall be provided to
the satisfaction of the City Engineer and/or the Chief
Engineer of the Contra Costa County Floor Control
District.
All 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 City.
Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe. Deviations from this requirement shall be
endorsed by a soils engineer and approved by the City
Engineer.
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 at least
double the depth of the storm drain.
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.
16.
17.
The developer shall furnish proof to the City Engineer
of the acquisition of all necessary rights of entry,
pezmits and/or easements for the construction of
off-site temporary or permanent road and drainage
i~provements.
All utilities required to serve the development shall
be installed underground.
Improvement plans submitted as part of the Final Map
submitted shall provide for drainage of all areas of
the site to their respective natural watershed areas
except as may be mutually agreed to by the Flood
Control District and the City Engineer. Off site
drainage improvements and easements shall be provided
as necessary to convey the water to a point of
discharge acceptable to the City Engineer.
The storm drain system proposed in the private streets
will be considered private storm drain facilities. Ail
storm drain systems exclusively picking up open space
drainage will also be considered private storm drain
systems. Maintenance of these storm drain facilities
shall be the responsibility of a homeowner's
association except as may be otherwise provided prior
to Final Map approval, subject to review and approval
by the City Engineer.
The proposed storm drain crossing of Camino TassaJara
at the southwest corner of Dougherty is unacceptable.
The existing storm drainage crossing shall be upgraded
to provide sufficient capacity for this subdivision's
drainage system.
A storm drainage inlet shall be constructed at the
southeast corner of Camino TassaJara and Dougherty Road
and connected to the proposed storm drainage system.
Much of this subdivision's drainage is based on a storm
drainage system downstream which does not exist. The
storm drainage system off site is within tentative
subdivision map for tract 6155. This subdivision shall
be responsible for installation of necessary downstream
storm drainage facilities as well as the acquisition if
the necessary rights-of-way for the installation of
these facilities should the downstream properties not
develop prior to this subdivision's need for the
facilities.
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H. ~iscellaneous:
T~e project developer shall pay an average fee of $5377
for each ~welling unit to the Town at the time of
approval of a Final Map for the single family portion
of the project or a building permit for the multiple
family portion of the project unless the multiple
family project requires filing of a subdivision map in
which case the fee shall be paid at the time of filing
of the map. This fee includes participation in the
Contra Costa County (#County") Crow Canyon Road
Extension Fee BenefitArea as follows:
For those developments requiring a final or parcel
map, the following:
Applicant shall participate in the Crow Canyon Road
Extension Fee Benefit Area in accordance with City's
Joint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent actions in
furtherance thereof. Applicant shall pay the Town the
Fee Benefit Area fees prior to the approval and filing
of a final or parcel map. Applicant shall pay the Fee
Benefit Area fees in effect at the time of approval of
the final or parcel map and said fees shall be
deposited into a separate account entitled #Crow Canyon
Road Extension-area of Benefit" (Account No.
076-000.000-003.019} for transfer to County and
reimbursement to Blackhawk.
For those developments not requiring a final or
parcel map, the following:
Applicant shall participate in the Crow Canyon Road
Extension Fee Benefit Area in accordance with City's
Joint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent actions in
furtherance thereof. Applicant ehall pay the Town the
Fee Benefit Area feee prior to issuance of any building
permit. Applicant shall pay the Fee Benefit Area fees
in effect at the time of issuance of any building
per. it and said fees shall be deposited into a separate
account entitled #Crow Canyon Road Extension-Area of
Benefit# (Account No. 076--000.000-003.019) for transfer
to County and reimbursement to Blackhawk.
If the amount of the reimbursement to the Crow Canyon
Extension Fee Benefit Area is increased beyond $1920,
the $5377 average dwelling unit fee is increased by an
amount equal to the increase of the reimbursement fee
over $1920.
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The remaining portion of the fee after transfer to the
County shall be used for other c£rculation-related
i~provements within the Cities of Danville and San
~ and the County including the grading and drainage
~ associated with realignment of the Bettencourt
Pursuant to Government Code Section 53077.5, the Town
of Danville shall establish a proposed construction
schedule and separate account numbers for all
improvements to be made, prior to recordation of a
final map for the project.
A traffic signal shall be installed at the project
entrance from Camino TassaJara. Funding for this
signal shall be fully assured by this project including
necessary intersection modifications. Reimbursement
for a portion of these costs may occur on a per unit
basis when properties along Old Blackhawk Road develop
subject to application by the developer for a
reimbursement agreement.
In accordance with Section 92-2.006 of the City
Ordinance Code, this project shall conform to the
Provisions of the city subdivision ordinance (Title
9). Any exceptions therefrom must be specifically
listed in the conditional approval statement, attached
to the Tentative Map.
Abutter~s rights of access along Camino TassaJara,
except for the intersection area, shall be
relinquished. The relinquishment shall include the
right of'way returns of the affected subdivisions.
Noise attenuation features shall be constructed as part'
of the multiple family project in compliance with the
acoustical analysis for the project dated December 10,
1986 prepared byEdward C. Pack Associates, Inc.
Reasonable alternatives to the noise mitigations may be
considered subject to written acceptance of the
alternative by the above consultant.
Covenants, Conditions and Restrictions, Articles of
Incorporation and By Laws for a mandatory homeowners
association shall be submitted prior to filing the
Final subdivision Map. The document shall provide for
among other things, the ownership and maintenance of
the cOnCh open space, landscape areas, pathway system
in the open space, private streets, and other co-~on
facilities· The Town of Danville shall be included as
a third party beneficiary to the sections of the CC&R's
which address any applicable conditions included in the
project conditions of approval. If alternative means
of Baintenance acceptable to the Town are provided for
p~v&te ~rainage and open space areas, the homeowners
al~ociation will not be required.
CC&R's shall include the City as a beneficiary of the
agreement. The City shall be granted the right but not
the duty of enforcing any provisions contained in the
CC&R's. Additions to the CC&R's may be made at the
discretion of the HOA. Any changes pertaining to
Conditions of Approval imposed upon the project shall
be submitted to the City for review by the City
Attorney~ and
If any portion of the site's drainage is directed
towards Alamo Creek, the developers shall participate
in the development of an Alamo Creek watershed
protection plan by Jointly, with the other developments
in the watershed:
a)
Retaining a private engineering firm to develop
the plan~ such plan subject to review and approval
of the Town and the Flood Control District~ or
Requesting the Flood Control District to act as a
lead agency in the development of the plan.
c)
If Joint action with the other developments does
not materialize, the applicant must mitigate storm
water run-off flowing onto and from the site, from
the ultimate development of the watershed, by
constructing ~rainage improvements which will
maintain the rate of run-off from the site (or at
an acceptable point downstream of the site) at the
current rate of run-off~ such improvements subject
to review and approval of the Flood Control
District.
Provide funds for implementing the planned Alamo Creek
watershed protection facilities by contributing, prior
to the filing of the Final Map, a drainage fee not to
· xoe~d $0.25 per square foot of added impervious
surface area per the Impervious Surface Fee Ordinance
criteria. The applicant will receive credit against
thie fee for costs of constructing drainage
improvements that are part of the drainage plan. The
condition will satisfy the requirements of any Drainage
Fee Ordinance that is adopted for the area. If a
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10.
drainage plan has not been developed (either through
Joint action from the various developments or by the
forsation of a Drainage Area), the applicant must
~ltigate storm water run-off flowing onto and from the
li~e by constructing drainage improvements which will
Baintain the rate of run-off at the current rate of
run-off~ such improvements subject to review and
approval of the Town and the Flood Control District.
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.
The Town will contract with a ~ualified "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%
a~inistrative fee. Applicant shall provide the Town
all necessary data to facilitate this review within 30
days of the final approval date cf this 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 shall
be resubmitted within 75 days of the final approval
·ate of this tentative map. In the event that the Town
Engineer includes, from analysis of all pertinent
il~formation, that the site, or portions of the site,
are unsuitable for the type of development proposed,
the Final Development Plan (PUD 86-2) and Vesting
Tentative Sub~ivision Map (SD 6829) shall be referred
back to the Planning Commission for reconsideration.
11.
12.
Development rights for the open space parcel (lot A)
shall be dedicated to the Town through or at the time
~ reooz~ation of the initial Final Map for the
C~nditions of this approval require the payment of a
traffic mitigation fee on a per unit basis to be used
for construction of certain roadway improvements within
the Town of Danville, the City of San Ramon and
unincorporated portions of Contra Costa County, with
the specific intent of maintaining a minimum 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 level of service 'D' traffic
condition will be maintained at all locations within
Danville where traffic improvements are to be funded by
the above cited traffic mitigation fees. 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. The developer may at his option accelerate
payment of the traffic mitigation fees in order to
provide the Town with the necessary funding to
construct the improvement.
As approved by:
Date:
pcrm114
26
RESOLUTION 8-87
A RESOLUTIO~.0F THE TOWN COUNCIL OF THE TOWN OF DANVI?.~.~.
CERTIFYING ~'~IEW AND CONSIDERATION OF THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE DOUGHERTY ROAD AREA GENERAL PLAN
AMENDMENT, MAKING FINDINGS REGARDING SIGNIFICANT IMPACTS, AND
UPHOLDING THE DECISION OF THE PLANNING COMMISSION WITH REGARD TO
THE FINAL DEVELOPMENT PLAN AND VESTING TENTATIVE SUBDIVISION HAP
FOR THE MORGAN PROPERTY (.PUD 86-2, SD 6829).
WHEREAS, applications for Final Development Plan (PUD 86-2)
and Vesting Tentative Subdivision Map were properly filed by
Signature Properties in accord with the rules and regulations
governing the filing of such applications, and
WHEREAS, the applications were filed to allow construction
of 107 single family and 112 multiple family structures on an
approximately 55 acre site located at the southeast corner of
Camino Tassajara and Dougherty Road k/~ow and referred to as the
Morgan Property, and
WHEREAS, the applications were filed pursuant to the
provisions of Ordinance 98 which ordinance resulted in prezoning
of the site to the Planned Unit District (P-l) and approval of
the Preliminary Development Plan, and
WHEREAS, the Planning Co~ission held duly noticed public
hearings to consider the Final Development Plan and Vesting
Tentative Subdivision Map applications on January 14 and January
20, 1987, and
WHEREAS, the Town staff has presented substantial factual
information regarding the proposed Final Development Plan and
Vesting Tentative Subdivision Map, and
WHEREAS, the Planning Co--lesion has considered all public
testimony and information presented during the public hearings
regarding these applicationsl and
WHEREAS, the Planning Co-mission reviewed and considered
the Environmental Impact. Report (EIR) prepared for the Dougherty
Road Area General Plan Amendment and found that the EIR was
adequate, satisfying the requirements of the California
Environmental ~uality Act (CEQA), based on consideration of the
EIR as a #Program EIR" and based on findings made by the
Planning Com~ission as part of their action on the applications
on January 20, 1987, and
WHEREAS, the Planning Commission on January 20, 1987 acted
to conditionally approve the applications for Final Development
Plan and Vesting Tentative Subdivision Map, and
WHEREA~, the action of the Planning Commission was appealed
by Sigllature Properties on J~nuary 27, 1987 stating objectives
to certain oon~itions of approval as adopted by the Planning
Cow~ssion, and
WHEREAS, the action of the Planning Commission was also
appealed by TassaJara Now and Tomorrow (TNT) on January 27, 1987
stating ~hat the Planning Commission~s approval of the Final
Development Plan and Vesting Tentative Subdivision Map was
improper, and that the applications should not have been
approved, and
WHEREAS, the Town Council held a duly noticed public
hearing to consider the appeals of the Planning Commission
action on February 26, 1987, and
WHEREAS, the Town staff has presented substantial factual
information to the Town Council regarding the project and the
respective appeals including:
Staff report to the Planning Commission dated January
14, 1987~
Be
S~aries of Action from the Planning Commission public
hearing of January 14 and January 20, 1987~
Ce
Copies of the letters of appeal filed by Signature
Properties and TNT~ and
Staff analysis and response to each point of appeal
contained in the staff report to the Town Council dated
February 26, 1987.
WHEREAS, the Town Council has considered all public
testimony and information presented during the public hearing
regarding the appeals, and
WHEREAS, the Town Council has reviewed and considered the
EIR prepared for the Dougherty Road Area General Plan Amendment.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF DANVILLE AS FOLLOWS=
Ae
The Environmental Impact Report (EIR) prepared for the
Dougherty Road Area General Plan Amendment was certified by
Contra Costa County on March 12, 1985.
Contra Costa County adopted findings regarding the EIR
through adoption of Board of Supervisors Resolution 85/133
and Planning Commission Resolution 47-1984 (said resolutions
are incorporated herein by this reference) includin~
mitigation measures for the project, which mitigation
measures provided for additional study in certain areas as
follows:
MA~iqation of off site traffic impacts was required to
be ~ared among the various developments within the
-area ~;veredby the Dough. try Road Area General Plan
Amendment as well as adjacent projects. A traffic
study was completed by the consulting firm of TJKM in
July, 1986 titled "Crow Canyon Corridor Transportation
Study" identifying necessary traffic improvements which
ere required. Pursuant to conclusions of the traffic
study conditions of approval are included as the
responsibility of the developers which require
construction of certain on and off-site improvements,
and payment of a traffic mitigation fee which will be
used by Contra Costa County, the Town of Danville and
the City of San Ramon to fund specified off site
traffic improvements. All improvements to be
constructed are intended to maintain a traffic
condition no worse than Level of Service ~Dt.
Geologic and soils impacts are best evaluated at the
time of consideration of specific development proposals
for the site. Accordingly, a soils and geologic study
for the Morgan Property was prepared by Tetras.arch,
Inc., titled "Soils and Geologic Study Investigation on
Morgan Property" dated April 10, 1986, which study
identifies measures which can and should be taken in
order to develop the site as proposed. Conditions of
approval, including a requirement for review of the
soils and geologic study by an independent third party,
will assure proper design and construction of site
improvements.
Drainage and water quality impacts have been addressed
through design of the project and further through the
condition of project approval which require preparation
of drainage studies for the purpose of sizing various
drainage structures, and which require participation in
a study of the Alamo Creek watershed area, including
contribution towards identified improvements which are
required.
Noise impacts associated with the project are primarily
those which future residents of the project may be
subjected to due to the proximity of the project to
Camino TassaJara. These impacts were discussed in a
noise impact analysis prepared by the consulting firm
of Edmond C. Pack Associates, Inc. titled "Traffic
Noise Assessment Study for the Planned Single and Multi
Developments, Camino TassaJara and Dougherty Road"
dated December 10, 1986. Mitigation measures were
identified in said study and are required by the
conditions of project approval.
Statement of Overriding Consideration·
1. To tke extent that the EIR for the Dougherty Road
Are&~eneral Plan Amendment and Addenda thereto find
that there re~ains an unmitigated environmental
traffic impact on Highway 680 from the proposed
project, the Town Council finds such impact Justified
by the need to increase the housing supply in the Town,
in a range of densities providing for a variety of
family sizes, income levels and age groups, in order to
accommodate the Town's growing population and
employment base and by the need to preserve open space
and agricultural land within the Town on a permanent
basis· Further, funding of Interstate Highway
construction projects is the responsibility of agencies
other than the Town of Danville at the State and
Federal level, although the Morgan Property is required
to contribute towards construction of a Park and Ride
lot at the 1-680/Sycamore Valley Road interchange in
order to help relieve traffic impacts on 1-680.
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remains an unmitigated environmental impact
reflected in the decrease in agricultural lands for the
proposed project, the Town Council finds such impact is
Justified by the need to increase the housing supply in
the Town, in a range of densities providing for a
variety of family sizes, income levels and age groups,
in order to accommodate the Town's growing population
and employment base. Furthermore, the developer of the
project has dedicated 21.5 acres out of a total of 55
acres to permanent open space which assures the
preservation of long term agricultural lands in the
area.
To the extent that the EIR for the Dough.try Road
Area General Plan Amendment and Addenda thereto find
that there remains an unmitigated environmental impact
on air quality from the proposed project, the Town
Council finds such impact Justified by the need to
increase the housing supply in the Town, in a range of
densities providing for a variety of family sizes,
income levels and age groups in order to accowmodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis·
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remains an unmitigated environmental impact on
nolie levels from the proposed project, the Town
Council finds such impact Justified by the need to
increase the housing supply in the Town, in a range of
dermities providing for a variety of family sizes,
income levels and age groups, in order to accommodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis.
To the extent that the EIR for the Dough.try Road Area
General Plan Amendment and Addenda thereto find that
there remain unmitigated environmental impacts on the
use of resources such as gas, electricity, water, and
sewer capacity to serve the proposed development, the
Town Council finds such impacts justified by the need
to increase the housing supply in the Town, in a range
of densities providing for a variety of family sizes,
income levels and age groups, in order to accommodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis.
To the extent that the EIR for the Dough.try Road Area
General Plan Amendment and Addenda thereto find that
there remain unmitigated environmental impacts on
visual and aesthetic values by the proposed
development, including open space, the Town Council
finds such impacts Justified by the need to increase
the housing supply in the Town, in a range of densities
providing for a variety of family sizes, income levels
and age groups, in order to accommodate the Town's
growing population and employment base and by the need
to preserve open space and agricultural land within the
Town on a permanent basis. Furthermore, the developer
of the project has dedicated 21.5 acres out of a total
of 55 acres to permanent open space which preserves the
visual and aesthetic values of the area.
Do
To tJ~ extent that the EIR for the Dough.try Road Area
g4neral Plan amendaent and Addenda thereto find that
there re~ain unmitigated environmental impacts on
hydrology, drainage, and water quality by the proposed
development, the Town Council finds such impacts
Justified by the need to increase the housing supply in
the Town, in a range of densities providing for a
variety of family sizes, income levels and age groups,
in order to acconodate the Town's growing population
and employment base and by the need to preserve open
space and agricultural land within the Town on a
permanent basis.
Consideration of the EIR prepared for the Dougherty
Road Area General Plan Amendment as a "Program EIR" is
appropriate based on the following:
that feasible mitigation measures and alternatives
developed in the EIR for the Dough.try Road Area
General Plan Amendment have been incorporated~
that subsequent changes in the project including a
reduction in density and relocation of higher density
units to the corner of Dough.try Road and Casino
TassaJara do not require important revisions of the
prior EIR~
that there has not been substantial changes with
respect to the circumstances under which the project is
undertaken which require important revisions of the
prior EIRI and,
no new information of substantial importance to the
project has become available which would require an
additional EIR.
The Town Council of the Town of Danville finds that with
incorporation of mitigation measures as specified in the
Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR) and additional mitigation
measures pursuant to the studies specified above, that the
requirements at the California Environmental Quality Act
(CE~A) have been satisfied with regard to the approval of
the Final Development Plan and Vesting Tentative
Subdivision Map for the Morgan Property.
The Town Council of the Town of Danville finds as follows in
support of approval of the Final Development Plan (PUD
The proposed planned unit development is consistent
with the Danville General Plan and the Preliminary
DevelQpmen~ Plan approved by the Town Council on
November 6, 1986 through adoption of Ordinance 98.
Ge
~ resid~ntial development will constitute a
re~idential enviromaent of sustained desirability and
st~ability, and will be in harmony with the character of
the surrounding neighborhood and community.
The development will mitigate off site traffic and
drainage impacts through the assurance of off site
improvements in a manner acceptable to the City.
The Town Council of the Town of Danville finds as follows in
support of approval of the Vesting Tentative Subdivision
The proposed map is consistent with the Danville
General Plan and is consistent with the Preliminary and
Final Development Plans for the project;
The design and improvement of the proposed subdivision
is consistent with the Danville General Plan, will not
cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat;
The design of the subdivision or type of improvements
is not likely to cause serious public health problems;
The site is physically suitable for the proposed
density of development;
The design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision provided that
upon abandonment of Dougherty Road appropriate
alternatives exist for access south of the site, and
public utility requirements are addressed through
provisions of easements in alternate locations.
BE IT FURTHER~SOLVEDTHATthe Town Council of the Town of
Danville h araby upholds the decision of the Planning
Commission with regard to their approval of the Final
Development Plan and Vesting Tentative Map for the Morgan
Property subject to compliance with the terms and conditions
contained in the attached Exhibit A.
PASSED, APPROVED_ANDADOPTED by the Town Council of the Town
of Danville on /yZ~L~c/~ /~, 1987 by the following vote:
AYES:
Kennett, Lane, IqcNeely, Schlendorf
NOES: None
ABSENT.' Offenha rtz
ABSTAIN: None
ATTEST: