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HomeMy WebLinkAboutPUD 87-03FINDINGS AND CONDITIONS OF APPROVAL FOSTORIA WAY STUDY AREA P-1 ZONING AND PRELIMINARY DEVELOPMENT PLAN PUD 87-3 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 Danville General Plan and, more specifically, is consistent with the General Plan Amendment approved on March 17, 1986 for the Fostoria Way Study Area; The residential portions of the project will constitute residential environments of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; The commercial portion of the project has been demonstrated to be needed at the proposed location to provide adequate commercial facilities of the type proposed; traffic congestion will not likely be created by the proposed center based on traffic improvements which will be made by the developer, and based on the terms of the Settlement Agreement between the Town of Danville and the City of San Ramon dated December 19, 1986 which contains provisions intended to facilitate construction of a new freeway overcrossing as an extension of Fostoria Way; and the development will be an attractive and efficient center which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development.. The development of a harmonious, integrated plan justifies exceptions from the normal application of the Zoning Ordinance. The previously certified EIR prepared for the Fostoria Way Study Area General Plan Amendment fully discussed potential impacts associated with development of the site, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings: The Town Council adopted Resolution 20-86 adopting findings and mitigation measures for the General Plan Amendment, which mitigation measures address full development ~f th~ si%e. The~ findings and mitigation measures are incorporated herein by this reference; and lC be 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 Fostoria Study 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 have 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. Land Use Regulations The attached map titled "PUD 87-3: Land Use Diagram" sets forth the areas of the site designated for the uses as described on the map. This land use diagram is intended to specifically identify the size and configuration of each area, although minor modifications may be made through consideration of tentative subdivision maps and final development plans for the site. The following conditions shall guide development of each area at the site: For those areas designated "Single Family Residential": (±) Ail lots which abut existing single family areas north of the site shall be comparable in size to the existing adjacent lots. The exact square footage and width of the lots shall be determined through consideration of the tentative map and final development plan. Permitted uses and site development standards, excepting lot size and width, shall be governed by the provisions of the R-10 section of the Zoning Ordinance. (ii) Single family areas other than those described in paragraph (i) above shall be developed with single family homes which may be attached. Development regulations shall be determined through r~view of specific site plans at the time of consideration of the tentative map and final development plan. 2C Ce (iii> The total density of the single family portions of the property, collectively or by ownership, shall not exceed 5 dwelling units per acre. For those areas designated "Multiple Family Residential": (±) The total density of the multiple family portions of the property, collectively or by ownership, shall not exceed 21 dwelling units per acre. (ii) Site planning on all portions of the site shall contemplate development of adjacent areas, and the design shall result in compatible development regardless of whether development occurs separately or as a single proposal. (±±±) Recreation facilities shall be included within any multiple family project available to project residents. (iv) Site development standards shall be determined through consideration of the final development plan for the project(s). (v) Permitted uses shall be limited to multiple family residences, either for sale or for rent. For those areas designated "Commercial": (i) Permitted areas shall include those uses which are considered "Destination Commercial". A destination retail use is one which serves a trade area beyond the immediate area of Danville and San Ramon due to the large scale of the use, or due to a high level of specialization in a narrow product line. (ii) The following uses are considered to be destination commercial uses: o hotel, motel o catalogue showroom o large scale "off price" stores or wholesale outlets for the general public 3C o department stores o automobile dealerships o specialty stores of a regional nature o other uses which meet the definition of destination commercial as described in paragraph (i) above (iii) Uses which meet the definition of destination commercial or which are specifically listed in paragraph (ii) above shall comprise 75% of the total commercial square footage on the site. The remaining 25% may be comprised of other retail uses or restaurants as may be permitted by the N-B provisions of the Zoning Ordinance only if these areas are integrated into a commercial center comprised of 75% destination commercial uses. (iv) Site development standards shall be determined through consideration of final development plans for the project(s). For those'areas designated "Open Space", no development shall be permitted excepting those uses which conform to the General Open Space provisions of the General Plan as it now exists or may be amended from time to time. ee For those areas designated "unclassified", no development shall be permitted excepting that a Final Development Plan may be submitted for development consistent with the Single Family Residential designation of the General Plan provided that in order for the Planning Commission to approve any development on this area of the site, the findings shall be made that changed circumstances exist, such as improved access, additional property or other similar items which circumstances did not exist at the time of the approval of the General Plan Amendment for the site. B. Circulation Camino Ramon from north of the site shall provide access to the single family portion of the site including provision for access to the Podva property on the eastern portion of the site. Camino Ramon from north of the site may provide access to the multiple family site only if through access to Fostoria Way to the general public is not possible. Control over the existence of the access barrier shall lie with the Town. Access to the multiple family portion of the Podva property shall be provided through the adjacent Castle site. Necessary easements for such access shall be required through approval of a final development plan for the Castle site. The internal circulation system of the multiple family site shall be fully integrated to include the adjacent Podva property. ® Ail parking lots and circulation systems within the commercial portions of the Castle site shall be fully integrated, including any necessary reciprocal ingress, egress and parking easements. Se Fostoria Way shall be improved to its centerline by fronting property owners in accord with the terms of the Settlement Agreement dated December 19, 1986 between the Town of Danville, the City of San Ramon and the Real Parties in Interest. The location of required emergency vehicle accesses in the various portions of the site shall be determined at the time of consideration of tentative map and final development plans. No access to the commercial portion of the site shall be permitted from Camino Ramon north of the site excepting emergency vehicular access described herein. C. Landscaping/Buffering A landscaped setback of a minimum of 25 feet from the future right of way shall be provided along the entire Fostoria Way frontage. This landscaped setback shall apply to both structures and parking. Parking may intrude into the setback in the commercial area as may be deemed appropriate through consideration of a specific development proposal. A masonry wall with a minimum height of 8 feet shall be constructed along the entire boundary of the commercial site. The timing of the construction shall be determined through consideration of specific development proposals on the residential or ~omm~r~i~l portions of the site. 5C Do Substantial landscaping shall be included on the north side of the above cited wall along the Camino Ramon frontage. Landscaped buffering shall be included on the south and west sides of the wall at a width determined by the specific use proposed on the commercial site. Se Ail landscaping within the various projects or along project streets shall be maintained by either the fronting property owner or by a homeowner's association or by some other method acceptable to the Town. Parking Parking shall be provided for all land uses on the site based on the provision of the City's Zoning Ordinance, except as provided herein. Compact car spaces may be included within the commercial portion of the site up to a maximum of 25% of the total required parking. Compact car parking spaces shall be 8 feet in width and 16 feet in length and shall be designated by appropriate pavement markings. Shared parking among uses within the commercial portion of the site may be considered on a case by case basis at the time of consideration of final development plans. Approved by the Town of Danville TOWN COUNCIL ON 6C