HomeMy WebLinkAboutPUD 86-04FINDINGS AND CONDITIONS OF APPROVAL
PUD 86-4, SD 6736
FINAL DEVELOPMENT PLAN AND VESTING
TENTATIVE SUBDIVISION MAP
FINDINGS:
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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 100.
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
Vista Tassajara project 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
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
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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 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.
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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.
The previously certified EIR prepared for the Dougherty
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
Vista Tassajara project 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,
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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:
(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 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:
A. General
The development shall be substantially as shown on the
project drawings labeled "Vista Tassajara: Conceptual
Landscape Plan; Vista Tassajara: Detailed Plans and
Section" dated 12/5/86 and "Vista Tassajara: Final
Development Plan and Vesting Tentative Map, Subdivision
6736" as prepared by Parsons, Rourke and Walker dated
Revised: March 9, 1987 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 as may be
applicable 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.
The developer shall comply with all requirements of the
~an Ramon Valley fi~ Protection District and San Ramon
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Valley Unified School District as required by the Fire
Code and the letter from the District dated December
12, 1986 . 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.
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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. In the event of
litigation challenging the annexation or this
entitlement, the 12-month period shall be
suspended during the pendency of the litigation
for a Deriod of time not to exceed 5 years.
Site Planning
Ail 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.
The location of any pad mounted transformers shall
be subject to approval by the Planning Department
prior to the issuance of a building permit.
~ene~ally ~p~aking, ~uch transformers shall not be
located between any street and the front of a
building.
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A total of ~ 210 dwelling units may be
constructed on the site with an approximate unit
mix as follows:
a. 72 with average 45 foot lot widths.
b. ~ 138 detached single family homes.
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The following requirements shall apply to the
standard single family lots:
a. 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 unless other
development regulations are specified in these
conditions.
b. 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.
c. If the side slope between adjacent lots exceeds
5 feet in height (based on building pad
elevation) the minimum setback from the top or
bottom of the slope shall be 5 feet.
d. 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.
e. A front setback of 15 feet may be allowed if a
side entry to the garage is provided.
Development of the 45 foot wide single family
home portion of the site shall be subject to
review and approval by the Architectural Review
Committee of the Planning Commission. The
Committee shall consider the siting of units,
fence design, and location and architectural
design of the units. Reciprocal easements shall
be minimized through arranging the lot lines as
necessary to achieve the desired usable yard
area. Setbacks from the front property line shall
be a minimum of twenty feet except that the
setback may be reduced to 15 feet if the entry to
the garage is on the side or rear of the
structure. A minimum building separation of 10
feet shall be maintained from any structure on an
adjoining lot.
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10.
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Lots adjacent to the easterly site boundary which
have frontage on "B" Drive shall be revised to
provide an average lot size of 20,000 square feet
and an average lot width of 115 feet on "B"
Drive. The revised lots shall be developed in
accord with the R-20 requirements of the Zoning
Ordinance except as may otherwise be provided
herein.
Lots 1-4 and 206-210 shall be developed in accord
with the R-10 requirements of the Zoning
Ordinance.
Fencing and/or walls shall be installed as
follows:
a. if a wall is required for noise attenuation
along the single family areas which back up to
Camino Tassajara, it shall be masonry, and
installed to match the wall installed within
the Sycamore Valley Specific Plan Area.
b. Open type fencing shall be installed adjacent
to the open space areas.
The following modifications to the development plan
shall be incorporated into the development plans:
Lots 210 and 211 shall be combined ~
~~~ to eliminate the flag lot and to
substantially reduce or eliminate lots within the
P.G. & E. easement.
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No building permit shall be issued for lot 1 until
such time as the Camino Tassajara realignment is
completed, and the existing alignment is vacated.
The Open Space area contained within Parcels A and J
shall be offered for dedication to the East Bay
Regional Park District, or the Town of Danville. Such
an offer shall be in the form of an option which allows
the Park District or the Town a period of five years
from date of first final map recordation, to accept or
reject the dedication. Upon acceptance of open space
dedication, the developer shall be responsible for
installing or otherwise providing the following
improvements within the open space area in a manner
acceptable to the East Bay Regional Park Districtl
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Cattleproof fencinq;
Easements for access, trails or service roads
across private land to the boundary of the parcel
accepted by the E.B.R.P.D.;
A one-inch water service stub out to be located
adjacent to access in to the open space area;
Graded fire roads or trails within the boundaries
of the open space parcel; and
Slide repair as may be necessary in the area
directly adjacent to residential development.
In the event that the open space areas are not accepted for
dedication by the Town or the East Bay Regional Park District,
and during the period prior to any such decision, Parcel G shall
be maintained by the homeowner's association.
C. Landscapinq
A final landscaping plan shall be submitted for review
and approval by the Planning Department prior to the
issuance of a building permit.
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 of 2 street trees shall be planted per unit, at
the time of completion of the unit.
Ail landscaped areas not covered by shrubs and trees
shall be planted with live ground cover excepting the
open space parcel.
Ail 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.
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A landscaped setback of 30 feet shall be provided along
the property's Camino Tassajara frontage. 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.
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Ail cut slopes above areas to be developed with
residential units shall be landscaped with tree
planting and hydroseeding to achieve a natural
appearance.
Landscape screening shall be installed in the slope
areas adjacent to lots 161-167, 26-31, 5 and 205 in
order to soften the views of structures when viewed
from Camino Tassajara.
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.
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Single family structures shall include the 9 models as
delineated on the plans containing 6 sheets titled
"Elevations of Vista Tassajara" prepared by the EDI
Architecture/Planning or other comparable architecture
designs acceptable to the Architectural Review
Committee subject to but not limited to the following
criteria:
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Each model shall have a minimum of three
architectural elevations.
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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.
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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.
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Ail air conditioners/condensers shall be ground
mounted and screened from public view.
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Approved spark arrestors shall be installed on
each chimney used for fireplaces and appliances in
which solid or liquid fuel may be used.
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.
The side and rear elevations shall be detailed at
the same level as the front elevation on all lots
which back up to Camino Tassajara, and on lots
162-167, 202-205, 27-31, 1-4 and 206-210 as may be
required by the Architectural Review Committee.
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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.
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Single story houses shall be integrated
appropriately to provide variety in the
streetscape.
Plans for single and patio home structures shall be
submitted for review and approval by the Architectural
Review Committee prior to approval of a Final Map.
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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.
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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
the 2:1 slopes located as follows:
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Adjacent to Parcel B (lots 63-72)
Adjacent to the creek at the project entry if
necessary due to design of the drainage system;
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Slopes between adjacent lots with less than five
feet of difference in building pad elevation.
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.
Grading in the vicinity of the project entry shall be
completed in a manner which provides contoured
transitions to the West Branch of Alamo Creek and to
the remnant of the Bettencourt Property created by
realignment of the road.
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 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.
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.
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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
Chief of Planning and shall be separated from vehicular
traffic wherever possible. Trail linkages shall be
included to adjacent projects, and to and within the
P.G. & E. right of way.
Any damage to street improvements now existing or done
during construction on or adjacent to the subject
property caused by the developer 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
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the City Engineer. The developer shall be responsible
for mitigating any impacts associated with heavy truck
usage of Camino Tassajara, Sycamore Valley Road or Crow
Canyon Road.
Camino Tassajara road improvements shall be constructed
from the westerly property boundary extending to Leema
Road as follows:
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Realignment of the road generally in the precise
alignment adopted by Contra Costa County
be
construction of a 36 foot travel lane in the
eastbound direction
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landscaping improvements within and adjacent to
the south side of the right of way consistent with
landscaping within the Sycamore Valley Specific
Plan Area.
pedestrian and bicycle circulation improvements
consistent with those 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.
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construction of the south half of the 16 foot
wide median along the entire street section
improved by this developer.
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necessary transitions to road segments both east
and west of the site.
These improvements shall be completed or assured prior
to issuance of any building permits for greater than 50
per cent of the total number of dwelling units in the
project. The developer shall be eligible for
reimbursement of costs associated with the improvement
of Camino Tassajara from the eastern boundary of the
project to Leema Road as properties within the Leema
Road area develop.
The actual costs of the Bettencourt Curve includinq;
riqht of way acquisition, necessary box culvert and
grading work and subsurface work related to the
existing sanitary sewer line needed to realign the road
shall be reimbursed to the developer in an amount of up
to $1,335,000 to be collected from the West Branch,
Morgan Property, Tassajara Ranch, Shadow Creek and
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Vista Tassajara projects. Said reimbursement shall
occur pursuant to the Joint Exercise of Powers
Aqreement on Tassajara Development Road Fee
Improvements entered into by Danville, San Ramon and
Contra Costa County.
A 24-foot wide private road shall be provided from the
terminus of "K" Court south to lots 57-59.
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.
Ail storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest approved downstream facility.
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.
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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.
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 of
off-site temporary or permanent road and drainage
improvements.
12.
Ail utilities required to serve the development shall
be installed underground.
13.
This subdivision shall be responsible for the
installation of bus turnouts outside and adjacent to
the travel lanes on Camino Tassajara in compliance with
the recommendations of the Central Contra Costa Transit
Authority and the City Engineer. Appropriate right of
way or easement widening shall be provided so an to
maintain a consistent landscape treatment along the
street frontage.
H. Miscellaneous
1. The project developer shall pay an average fee of $5377
for each dwelling 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 Benefit Area 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
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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 shall pay the Town the
Fee Benefit Area fees 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
permit 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 ~799
$1920, the $5377 average dwelling unit fee is increased
by an amount equal to the increase of the reimbursement
fee over ~79~ $1920.
The remaining portion of the fee after transfer to the
County shall be used for other circulation-related
improvements within the cities of Danville and San
Ramon and the County including the grading and drainage
costs associated with realignment of the Bettencourt
curve.
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.
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.
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The traffic signal at the intersection of "A" Drive and
Camino Tassajara shall be installed as a condition of
recordation of this subdivision's 100th residential
unit, unless warrants eastablished by California,
Department of Transportation are met prior to
recordation of said 100th residential unit or otherwise
specified by the City Enqineer. Up to 50% of the total
signal cost may be reimbursed upon development of
property on the north side of Camino Tassajara which
utilizes the intersection of "A" Drive and Camino
Tassaj ara.
Abutter's rights of access along Camino Tassajara,
except for the intersection areas, shall be
relinquished. The relinquishment shall include the
right of way returns of the affected subdivisions.
Based upon mitigation measures contained in the EIR,
applicant shall prepare and submit an acoustical study
addressing noise mitigation along Camino Tassajara, at
time of Final Map approval. The applicant shall comply
with the recommendations contained in any such noise
analysis.
Covenants, Conditions and Restrictions, Articles of
Incorporation an 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 common open space, landscape areas, pathway system
in the open space, private streets, and other common
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.
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.
The developers shall participate in the development of
an Alamo Creek watershed protection plan by jointly,
with the other developments in the watershed:
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10.
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
b)
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 drainage 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
exceed $0.25 per square foot of added impervious
surface area per the Impervious Surface Fee Ordinance
criteria. The applicant will receive credit against
this 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
drainage plan has not been developed (either through
joint action from the various developments or by the
formation of a Drainage Area), the applicant must
mitigate storm water run-off; such improvements which
will maintain 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.
Conditions of this approval require the subdivider to
install public improvements on land neither the
subdivider, nor the Town, has easement rights to allow
the improvements to be installed on. Subdivider shall
be responsible for acquisition of the necessary
easements either through private negotiations or by
entering into an agreement with the Town to assume all
responsibilities for acquisition pursuant to the Town's
authority for condemnation. Such acquisitions shall be
commenced prior to the subdivider's submittal of any
final map. All costs associated with such acquisition
shall be borne by the subdivider.
Revise the street surface grade on "D" Drive at the
westerly boundary to match the street grades DroDosed
in Subdivision 6878 and lessen the 15% grade.
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11.
12.
13.
14.
15.
16.
17.
18.
The emergency vehicular access easement at the
northerly terminus of "B" Drive shall be included as an
easement across lots 47 and 48.
The property owner shall submit a letter to the Town
consenting to this property's inclusion in the Town's
Street Lighting Assessment District 1983-1.
Ail drainage systems from open space areas up to the
junction with the public street drainage facilities are
to be considered private storm drains and are the
responsibility of this subdivision's homeowners
association.
An open flow creek type facility acting as a recreation
area/temporary detention basin is acceptable with the
following design restrictions:
1)
The open area acting as a recreation facility and
detention basis shall fall within the maintenance
responsibiltiy of a homeowners association.
2)
A small enclosed storm drain system shall provide
a bypass to the open creek sufficient to handle
anticipated daily nuisance flows (landscaping
irrigation, car washings, etc.)
3)
An easement for storm drainage purposes shall be
conveyed to the Town.
4)
The detention facility is considered temporary in
nature, and at such time as downstream facilities
are constructed sufficient to handle fully
developed flows, the detention aspect of the
facility shall be eliminated.
The open flow creek areas shall be improved to
standards acceptable to the City Engineer.
This subdivision shall comply with any recommendations
from the Contra Costa County Flood Control District.
Unless otherwise addressed by a soils engineer's
recommendations, the landslides indicated southeasterly
of the southerly terminus of "J" court sliding towards
the residential developments shall be stabilized.
The grading off-site of this subdivision will require
approval of the abutting property owner. An agreement
shall be submitted for any such off-site grading with
the application fox a final map.
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19.
20.
21.
22.
23.
The "A" Drive typical section shall be revised to
indicate either meanderinq or standard sidewalks on
both sides of the roadway.
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, or other alternatives
acceptable to the Town of Danville.
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 within 30
days of the final approval date of 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
date of this tentative map. In the event that the Town
Engineer includes, from analysis of all pertinent
information, that the site, or portions of the site,
are unsuitable for the type of development proposed,
the Final Development Plan (PUD 86-4) and Vesting
Tentative Subdivision Map (SD 6736) shall be referred
back to the Planning Commission for reconsideration.
Development rights for the open space parcel on the
south end of the parcel shall be dedicated to the Town
through or at the time of recordation of the initial
Final Map for the project.
Conditions 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
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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:
pcrmvista
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