HomeMy WebLinkAboutSD 6878FINDINGS AND CONDITIONS OF APPROVAL
PUD 86-3, SD 6878
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 99.
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 co~unity~
The mixed use/com~ercial development is needed at the
proposed location to provide adequate oo~mercial
facilities of the type proposed, traffic congestion
will not likely be created by the proposed center, or
will be obviated by presently projected improvements
and by demonstrable provisions in the plan for proper
entrances and exits, and by internal provisions for
traffic and parking, 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 through
implementation off'the Townts Conercial Design
Guidelines.
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 Dough·try
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
TassaJara Ranch 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,
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Pursuant to these mitigation measures, additional
studies related to soils and geology, 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 including relocating the proposed
community park site 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.
~he 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 subs~ntially
and avoidably injure fish or wildlife or their habita~
The design of the subdivision or type of improvements
is not likely to cause serious public health problems~
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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 certif, ied EIR prepared for the Dougherty
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
TassaJara Ranch satisfying the requirements of
California Environmental Quality Act, based on the
~ollowing ~pecific findings=
a. 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,
b. Pursuant to these mitigation measures,
additional studies related to soils and geology,
an traffic have been completed identifying
specific mitigations, and
c. 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 relocating the proposed
co~unity park site do not require iaportant
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 requirean'additional EIR.
CONDITIONS OF APPROVAL:
A. General
The development shall be substantially as shown on the
project drawings labeled "Vesting Tentative Map and
Final Development Plan, TassaJara Ranch", as prepared
by Michael J. Majors Civil Engineer Inc. dated March,
1987 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 Town's
Transportation Improvement Program (TiP).fee, Park
Dedication Fee and the drainage acreage fees as
established by the Flood Control District as these fees
may apply to this~development.
If extraordinary off-site fees are paid which exceed
~me a~ount of the residential TIP fees, the Town will
~onsider waiving the fees.
The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District as required
by the Fire Co~e and the letter from the District dated
December 4, 1986, and San Ramon Valley Unified School
District. 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
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 plannino
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.
The location of any pad mounted transformers shall be
subject to approval.by the Plannin~ Department prior to
the issuance of a building permit. Generally speaking,
such transformers shall not be located between any
street ana the front of a building.
& totalof up to 850 dwellings may be constructed on
the sit~ as follows:
438 single family detached units on 4500 square
foot and 6000 square foot lots.
412 multiple family units on two parcels (E & F)
containing 13.6 and 13.7 acres.
Development of the remainder of the site shall occur as
follows:
Parcel "D" shall be dedicated to the Town for
satisfying the park dedication requirements for
this development.
The Open Space area contained within Parcel G
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
improvements within the open space area as'may be
required by the East Bay Regional Park DiStrict.
In the event that the open space areas ar% '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 ~hall be
maintained by the homeowner's association.
Development rights for-the Open Space parcel shall
be dedicated-to the Town in the event that all or
a portion of the open space is not accepted for
dedication by the East Bay Regional Park District.
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Parcels A, B and C are designated for Mixed Uses.
Final Development Plan Approval is Do~ granted at
this time. Permitted uses and site development
standards will be established for each of these
parcels at such time as development plans are
considered for the sites. Compliance with the
Town Council!s policy regarding art in public
places shall be considered at the time of
consideration of the Final Development Plan.
The following requirements shall apply to the 6000
square foot single family lots (lots 1-167, 362-516):
Compliance with the R-6 requirements off the
Zoning Ordinance except that a minimum of fifteen
feet shall be provided between adjacent dwelling
units.
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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 sethack from the bottom of the slope shall be
5 feet, and the setback from the top of the slope
shall be 10 feet.
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.
A front setback of.15 feet may be allowed if a
side entry to the garage is provided.
A minimum of 6000 s~uare feet of net usable
building area shall be provided on each lot.
The following requirements shall apply to the 4500
square foot single family lots (lots 168-361):
Minimum parcel siz· shall be 4500 square feet;
Structures on adjacent parcels shall be~'SeParated
by a minimum of 15 feet;
Sideyard setbacks shall be five feet on one side
and shall.be a minimum of 10 feet on the other
side, except that if a side slope between adjacent
lots exceeds 5 feet in height the setback from the
top of slope'shall not be less than 10 feet and
the setback from the toe of slope shall not be
less than 5 feet.
A front setback of 15 feet may be allowed if a
side entry to the garage is provided.
The following requirements shall apply to the multiple
family sites:
ac
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Structures and parking areas shall be set back a
minimum of 30 feet from the ultimate right of way
line on Crow Canyon Road.
A minimum building separation of 15 feet shall be
maintained between all structures including any
Datio or deck elements except that this separation
is not required between st~actures within
individual clusters on Parcel F.
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Driveway areas shall be 28 feet in width adjacent
to perpendicular parking stalls.
Prior to issuance of a building permit, a final
site plan shall be submitted for review and
approval by the Chief of Planning.
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Freestanding carports in Parcel E shall be
designed with closed backs if they face single
family land use areas or public streets, and shall
have roof designs to match those of the
residential structures.
Buildings i and 3 on Parcel E located adjacent to
Crow Canyon Road shall be angled in order to'
provide variety in'the streetscape.
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Interior recreation rooms and/or meeting space
shall be provided within each recreation building.
Development on the Haskins Parcel shall be modified in
order to provide an appropriate setback from the West
Branch of Alamo Creek in cOmpliance with the provisions
of the Subdivision Ordinance. Development adjacent to
the creek shall be subject to the review and approval
of the Chief of Planning and the Tow~.~.Engineer.'
Fencing and/or walls shall be installed ask'follows:
a. Along the single family areas including the
Haskins parcel which back up' to Crow cany.c~!~. Road,
Camino TaseaJara or the commercial area, a masonry
wall shall be installed to match the wall
installed ~ithin the Sycamore Valley SpecificPlan
Area. This type of wall shall also be installed
as needed to buffer the Parcel F multiple family
site from Parcel A commercial, and on Parcel B as
needed to screen or buffer commercial uses from
the Parcel E Multiple family.
A heavy wood fence with masonry pilasters to match
the masonry wall shall be installed adjacent to
any single family lots adjacent to #B" Street,
along the west boundary of Parcel "F# and Parcel
"A", between Parcel #E# and the adjacent single
family lots, and adjacent to the park.
Open type fencing shall be installed adjacent to
the open space areas with the exception of the
park. '
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10.
Development on the Carlin parcel shall be modified by
deleting all lots on one side of the street, or by
substantially reducing the length of #Q# Court or other
means acceptable to the Town which will eliminate the
use of retaining walls, provide a minimum of 100 feet
of flat pad depth, and result in 3:1 slopes between
tiers of lots·
11.
The developer shall work with staff in order to provide
two major recreation areas within the single family
portions of the site to include facilities such as
tennis courts, swimming pool, tot lot play equipment
and other similar facilities. Additionally up to 3
"pocket parks" shall be provided at the ends of
interior cul-de-sacs.
12.
All cul-de-sacs which abut the open space parcel shall
be open for visual and pedestrian access to the open
space.
13. Indoor recreation area and/or meeting room shall be
provided within each major recreation area.
LandscaDina
1. A final landscaping plan shall be submitted for review''
and approval by the Planning Department prior to the
issuance of a building permit.
All plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growing condition·
All 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 two street trees shall be planted per unit,
at the time of completion of the units.
All landscaped areas not covered by shrubs and trees
shall be planted with live ground cover excepting the
open space parcel
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 plane·
A landscaped setback of 30 feet shall be provided along
the Casino TassaJara and Crow Canyon Road frontage.
Thie landscaped area may include the graded slopes
along Crow Canyon Road. Landscaping of this frontage
shall be consistent with the landscaping along Camino
Tess. Jars within the Sycamore Valley Specific Plan
Area. For areas approved for mixed use, parking may
project a maximum of 10 feet into this 30 foot setback.
A landscape maintenance easement aha11 be established
along the property's Camino Tess.Jars and Crow Canyon
Road frontages. 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 tree
planting and hydroseeding to achieve a natural
appearance·
D. 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 architec~urally compatible
with the main structure(s). The highest point of any
roof mounted equipment shall not extend above the top
of the equipment well. -~ ~'
Multiple family structures shall be subject to
substantial upgrading of the architectural design and
trim on the exteriors.
Single family structures shall include the 8 models as
delineated on the plans containing 14 sheets titled
"Tess.Jars Ranch" prepared by the Dahlin Group subject
to but not limited to the following criteria:
Each model shall have a minimum of three
architectural elevations.
All four exterior unit elevations shall be
architecturally dimensioned, trimmed and detailed
similar to front elevations. Trim material around
doors and windows shall be a minimum of 1 5/8"
thickness.
Variation shall be included in the three rooflines
proposed with each floor plan.
White stucco finishes and red tile roofs shall be
avoided in favor of beige or earthtone colors.
All air conditioners/condensers shall be ground
mounted and screened from public view.
Approved spark arrestors shall be installed on
each chimney used for fireplaces and appliances in
which solid or liquid fuel may be used.
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The same unit plan or elevation shall not be
located next to or directly across the street from
each other·
Front yard setbacks 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 Crow Canyon Road, Camino
TassaJara, Parcel "D", #B" Street, or the Mixed
Use sites.
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.
S~ngle story houses shall be interspersed
appropriately to provide variety in the
streetscape.
Plans for both single and multiple family structures
shall 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
aultiple family structures shall be submitted to the
Planning Department for review and approval.
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·
Graded areas shall not exceed a slope of 3:1 except
that 2:1 slopes may be used between adjacent lots if
the difference in building pad elevation is less than 5
feet.
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.
Developers of Parcel F and of the Morgan Property shall
cooperate toward achieving pad elevations which are
similar, avoiding grade differences where possible. An
agreement with the adjacent developer shall be
submitted prior to approval of a Final Map detailing
the manner in which the coordinated grading plan will
be implemented.
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.
All 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 olean 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
~estrians. These facilities shall be designed and
in,tailed to the satisfaction of the City Engineer and
Chief of Planning and shall be separated from vehicular
traffic wherever possible. The trail system shall
include a link to the adjacent Morgan Property project
to facilitate more direct access to the Community Park
and to the P.G. & E. easement adjacent to the Haskins
property. The trail connection to the Morgan Property
shall cross Parcel tFt on the southern end with a
substantial landscaped berm and separation adjacent to
Crow Canyon Road in order to direct pedestrians
northerly to the tB~ Drive 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
reconstruction if deemed warranted by the City
Engineer.
Camino TassaJara improvements shall be constructed by
the developer as follows=
a. From the westerly property boundary,-to the
easterly extent of the improvements installed by
Blackhawk (east boundary of the Blackhawk
commercial site).
i. widening'of Camino'~&ssa~a~a t'~, ~ro~i~e 3~
feet of pavement in the east bound direction.
ii. landscaping improvements within&nd-.adJacent
to the right of way consistent with
landscaping within the Sycamore Valley
Specific Plan.
iii.
pedestrian and bicycle circulation
improvements consistent with those on the
south side of Camino TaseaJara 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.
Ve
construction of a 16 foot wide median along
this entire street section.
vi. dedication of%ecessary right of way on ~e
south side of the road to equal 64 feet from
the existing center linel
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From the east boundary of the Blackhawk commercial
site to "U" Street=
transition to a four lane street without a
median strip with a paved width of 56 feet,
ii.
dedication of right of way on the south side
of the road to the ultimate alignment (64 feet
from existing center line),
iii ·
construction of all curb, gutter, pedestrian
and bicycle, landscaping and street
improvements on the south side of the road in
their ultimate locations, as described in
condition 7a. above.
From "U" Street to the east boundary of the
Haskins parcel:
i. transition to a two lane street
ii.
iii ·
construction of the easthound-lanes of Camino
TassaJara in their ultimate location including
all associated curb, gutter, pedestrian and
bicycle, landscaping and street lighting along
the south side of the road as described in
condition 7a. above,
dedication of right of way on the south side
of the road to equal 64 feet from the existing
center line .....
Crow Canyon Road improvements shall be constructed by
the developer as follows:
a. dedication of necessary right of way up to a 128
foot street width.
Construction of 40 foot travel lanes in both the
northbound and southbound directions.
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landscaping improvements within and adjacent to
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.
street lighting consistent wi~h the spacing and
fixture t2pe selected fort he Sycamore Valley
Specific Plan.
construction of a 24 foot wide median along the
entire street section improved by this developer.
This subdivision shall be responsible for the
installation of bus turnouts outside and adjacent to
the travel lanes on Camino TassaJara and Crow Canyon
Road 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 as to maintain a
consistent landscape treatment along the street
frontage.
10.
A landscape median of a width of 8 feet shall be
provided within "B" Street. Additional right of way
shall be provided as needed at all median breaks to
accommodate left turn pockets, subject to review and
approval by the Chief of Planning and the City
Engineer.
11.
Expanded landscape entry statements shall be
constructed at the project entries from Camino
TassaJara and Crow Canyon Road, and additional
landscape treatment shall be provided at the
intersection of 'B' Drive and 'E' Street.
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
oun~u~te~ via an approVeS ~rainaga method to the
nearest approved downstream facility·
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Off-site drainaqe 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.
e
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.
12.
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.
All utilities required to serve the development shall
be installed underground.
H. Miscellaneous:
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
femily 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
~cension Fee Benefit Area in accordance with Cityts
=oint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent action in
fttrtherance 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 Cityts
Joint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent actions in
furtherance thereof. Applicant shall pay to Town the
Fee Benefit Area fees prior to issuance of any building
permit. Applicant shall pay the Pee 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 $1920~ the $5377 average dwelling unit fee
is increased by an amount equal to the increase of
the reimbursement fee over $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 Bettercourt 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.'
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~n accordance with Section 92-2.006 of the City
Ordinance Code, this project shall conform to the
l=x'oviaions of the city subdivision ordinance
9). Any exceptions therefrom must be specifically
listed in the conditional approval statement, attached
tot he TentativeMap.
A traffic study shall be prepared addressing traffic
signalization needs at full buildout/developmant of
this subdivision. Signals are required at all median
breaks in Crow Canyon Road and Camino Taesajara and at
the entrance to the Haskins property from Camino
TaseaJara, unless otherwise identified in an approved
traffic study·
This subdivision shall be responsible for the
installation of a traffic signal at Camino TaesaJara
and Crow Canyon Road, but has the option of filing for
a benefit district and reimbursement agreement for all
related costs. The subdivider should determine if any
funding for the traffic signal may have been secured by
the County for benefitting properties within the
County.
Abutter's rights of access along Crow Canyon Road and-
Camino TaesaJara, 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 Crow Canyon Road and
Camino TaesaJara, 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 recreation areas,
pocket parks, and other common facilities as well as
maintenance of the 'B' Drive median and frontage
landscaping. 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.
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10.
11.
CC&Rts shall include the City as beneficiary of the
agreement. The City shall be granted the right but not
the duty of enforcing any provisions contained in the
CCaRts. Additions to the ccaR~s by the HOA consistent
with the original CC&R~s may be made at the discretion
of the HCA. 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:
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 z%m-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.
Abandon the "non-exclusive easement and
right-of-way..." northerly of T street.
Eliminate the bulges in the street alignment of lots
35, 36, 37, 436, 437 and 438.
28
12.
14.
15.
16.
17.
18.
Private vehicular access shall be denied to Crow Canyon
Road abutting all the subdivision lots with the
following exceptions:
a. 75t of frontage on Parcel F opposite B Street.
b. 60 tof frontage (a maximum of one approach) of
Parcels A and B at least 250" from Camino
TassaJara.
Median breaks ~n both Crow Canyon Road and Camino
TassaJara shall be permitted only at public street
intersections, with one exception, A median break will
be permitted near the Center of Parcel B. Left turn
lanes are required at all median breaks.
Private vehicular access shall be denied to Camino
Tassajara abutting all Subdivision lots with the
following exceptions:
be
Ce
A maximum of three driveways of 60w width along
the frontage of Parcel B at least 250~ from any
street intersection.
A maximum of two driveways 60~ width along the
frontage of Parcel C at least 250~ from any street
intersection.
A maximum of one driveway of 60~ width along the
frontage of Parcel A at least 250w from any street
intersection
Private vehicular access shall be denied to B Street
abutting all subdivision lots with the following
exception=
A maximum of one driveway of 60~ width'along the
frontages of Parcels B and C at least 200t from Camino
TassaJara.
Phasing lines shall be identified on the revised
tentative map. The City Engineer shall be the
authority on what offsite improvements required by this
approval shall be required as a condition of each
phase.
Those-storm drains serving only multi-family units or
commercial sites are not acceptable as public
facilities.
Development on the north side of "W" Street and
Court may be permitted only if it can be demonstrated
~hrough appropriate eng~neering studies that ultimate
Camino Tassajara improvements and development of the
29
19.
20.
homes can be completed without subjecting either the
road or the homes to unreasonable risk of upset due to
their proximity to the West Branch of Alamo Creek which
is to be maintained generally in its natural condition.
Any soils studies conducted to evaluate the
appropriateness of developing these lots or the road
shall be subject to review by a ~ualified independent
third party at the developers expense, and shall be
subject to review and approval by the City Engineer.
The "third party review" may be conducted in
combination with the review conducted pursuant to
Condition 19. If realignment of Camino TassaJara
required by shifting the center line northerly, the
developer shall be responsible for acquiring any
agreements or right of way required pursuant to
Condition 21.
The Town will contract with a qualified "third Party"
for the purpose of conducting and 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 changeson 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 concludes, 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 86-3) and Vesting
Tentative Subdivision Map (SD 6878) shall be referred
back to the Planning Commission for reconsideration.
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 cf day care facilities, designing
project recreational facilities to accommodate Joint
usage w£~h day ca=e, pa~rment of a per unit fee to be
30
21.
22.
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
Tow~ ~hall 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.
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
cow~enced prior to the subdivider's submittal of any
final map. Ail costs associated with such acquisition
shall be borne by the subdivider.
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 TJEMtraffic
study to determine if the level of service 'D' traffic
condition will be maintained at all locations within
DanvilIe 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 approve~bY:
Date:
tassranch
31
RESOLUTION 9-87
A RESOLUTION OF TBE TOWN COUNCIL OF THE TOWN OF DANVI?.?.~.
CERTIFYING REVIEW 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 MAP
FOR THE TASSAJARA RANCH. (PUD 86-3, SD 6878}.
WHEREAS, applications for Final Development Plan (PUD 86-3)
and Vesting Tentative Subdivision Map (SD 6878) were properly
filed by Diablo Ventures West in accord with the rules and
regulations governing the filing of such applications, and
WHEREAS, the applications were filed to allow construction
of 516 single family and 480 multiple family structures, 27
acres of mixed use, a 20 acre community park and 70 acres of
permanent open space on an approximately 272 acre site located
on the south side Camino TassaJara opposite its intersection
with Blackhawk Road and referred to as the TassaJara Ranch, and
WHEREAS, the applications were filed pursuant to the
provisions of Ordinance 99 which ordinance resulted in prezoninq
of the site to the Planned Unit District (P-l).and ,approval of
the Preliminary Development Plan, and .
WHEREAS, the Planning Commission held duly noticed public
hearings to consider the Final Development Plan and Vesting
Tentative Subdivision Map applications on January 29-..and
February 3, 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 Commission has considered all public
testimony and information presented during the public hearings
regarding these applications~ and
WHEREAS, the Planning Commission reviewed and considered
the Environmental Impact Repor~ (EIR) prepared for the Dougherty
Road Area General Plan Amendment and found that the EIR was
adequate, satisfying the requirements of the California
Enviro~mental Quality Act (CEOA), based on consideration of the
EIR as a "Program EIR" and based on findings made by the
Planning Co~ission as part of their action on the applications
on February 3, 1987, and
WHEREAS, ~/~e Planning ¢omm~8£on Qn February 3, 19g? steed
to conditionally approve the applications for Final Development
Plan and Vesting Tentative Subdivision Map, and
WHEREAS, the action of the Planning Commission was appealed
by Diablo Ventures West on February 12, 1987 stating objections
to certain conditions of approval as adopted by the Planning
Co~ission, and
WHEREAS, the action of the Planning Commission was also
appealed by TassaJara Now and Tomorrow (TNT) on February 7, 1987
stating that the Planning Commissionts 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=
Ae
Staff report to the Planning Conission dated January
14, 1987~
Copies of the letters of appeal filed by Dieblo
Ventures West and TNT~ and
Ce
Staff analysis and response to each point of appeal
contained in the staff reports to the Town Council
dated February 26, 1987. '
WHEREAS, the Town Council has considered all public
testimony and information presented during the public hearing
regardingthe 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 DANVI~,Tm AS FOLLOWS:
Ae
The Environmental Impact Report (EIR) prepared for the
Douqherty 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) including
mitigation measures for the project, which mitigation
measures provided for additional study in certain areas as
follows=
e
~gation of off site traffic impacts was required to
ihs shared along ~he various developments within the
~ covered by the Dougher~y Road Area General Plan
ARol~dnent 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
are 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 Rams, to fund specified off site
traffic improvements. Ail improvements to be
constructed are intended to maintain a traffic
condition no worse than Level of Service tD~.
Geologic and soils impacts are best evaluate~ at the
time of consideration of specific development proposals
for the site. Accordingly, a soils and geologic study
for the TasnaJara Ranch was prepared by J.H.
Kiel,raider & Associates, titled "Preliminary
Geotechnical Investigation Report TassaJara Ranch
Danville, California" dated July 7, 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 purgose of sizing various
drainage structures, and which require participation in
a study of the Alamo Creek watershed area, including
oontribution towards identified improvements which are
required.
NoXse 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
Calino TassaJ&ra. These impacts are required to be
discussed in a noise impact analysis prepared prior to
development of the site. Compliance with any mitigation
measures identified in said study is required by the
conditions of project ~pproval.
C®
Statement of Overriding Consideration·
1. Tot he extent that the EIR for the Dough.try Road
Area ~eneral Plan Amendment and Addenda thereto find
that there remains 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 Tassajara Ranch 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 Adden~a.therst~fin~ that
there remains an unmitigated environmental i~Dact
reflected in the decrease in agricultur~l,~lands for the
proposed project, the Town Council finds such i~act 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 develop.for the
project has dedicated 70 acres out of a total of 272
acres to permanent open space which assures the
preservation of long term agricultural lands in the
area and has set aside approximately 20 acres for
dedication to the Town for a community park site.
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 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 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 Re E~K for ~-he Dougher~y Road Area
General Plan Amendment and Addenda thereto find that
there remains an unmitigated environmental impact on
noise 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
densities providing for a variety of family sizes,
income levels and age groups, in order to mccoy.date
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 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 Townts growing population and employment base end
by the need to preserve open space end 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 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 inthe Town, in a range of densities
providing for a variety of family sizes, income levels
and age groups, in order to accommodate the Townts .
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 70 acres out of a total of
272 acres to permanent open space and a 20 acre
community park site which preserves the visual and
aesthetic values of the area.
To the extent that the EIR for the Dougherty Road Area
~eneral Plan Amendment and Addenda thereto find that
there remain unmitigated environmental 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
Fo
0
Tot he extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remain unuitigated 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 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·
Consideration of the EIR prepared for the Dougherty
Road Area General Plan Amendment as a "Program EIR" is
appropriate based on the following:
4~
that feasible mitigation measures and alternatives
developed in the EIR for the Dougherty Re&dA rea
General Plan Amendment have been incorporated;
that subsequent changes in the project including a
relocation the proposed community park site 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 EIR; 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
(CEQA) have been satisfied with regard to the approval of
the Final Development Plan and Vesting Tentative
Subdivision Map for the TaeeaJara Ranch project.
The Town Council of the Town of Danville finds as
follows in support of approval of the Final Development Plan
(PUD 86-3):
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 99.
~he residential development will constitute a
~eaidential environment of sustained desirability and
stability, and will be in harmony wi~h ~he character of
~he su~ounding neighborhood and community.
The mixed use/commercial development is needed at the
proposed location to provide adequate commercial
facilities of ~he type proposed, traffic congestion
will not likely be created by ~he proposed center, or
will be obviated by presently projected improvements
and by demonstrable provisions in the plan for proper
entrances and exits, and by internal provisions for
traffic and parking, 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 through
implementation of the Town's Cow~ercial Design
Guidelines.
4. The development will mitigate off site traffic and
drainage impacts through the assurance of off site
improvements in a manner acceptable to the Town.
The Town Council of the Town~of Danvilie fin~ &~..follows in
support of approval of the Vesting Tentative Subdivision
Map: ~¥
The proposed map is consistent with the Danville
General Plan end 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 Plen, 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;
0
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.
BE IT FURTHER RESOLVEDTHAT the Town Council of the Town of
Danville hereby upholds the decision of the Planning
Commiesion with regard to their approval of the Final
Development Plan and Vesting Tentative Map for the Tassajara
Ranch subject to compliance with the terms and conditions
contained in the attached Exhibit A.
PASSED, APPROVE~AND ADQPTE~by the Town Council of the Town
of Danville on f/L~L'/~ , 1987 by the following vote:
AYES:
Kennett, McNeely, Schlendorf
NOES: Lane
ABSENT: Of fen ha rtz
ABSTAIN: None
ATTEST:
~ Q~T~ CLERK