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PUD 85-05
EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL FINAL DEVELOPMENT PLAN PUD 85-5 AND TENTATIVE MAP 7058 Magee Diablo Ranch FINDINGS The Town of Danville Planning Commission hereby finds as follows in support of the Final Development Plan: The proposed planned unit development is consistent with the Danville General Plan; The residential development will constitute a residential environment of sustained desirability and stability and will be in harmony with the character of the surrounding neighborhood and community; The development will mitigate off-site traffic impacts through the assurance of off-site improvements in a manner acceptable to the Town; The previously certified FEIR prepared for the Rezoning and Preliminary Development Plan for the Magee-Diablo Ranch project fully discussed potential impacts associated with development of this site satisfying the requirements at the California Environmental Quality Act. Be The Town of Danville Planning Commission hereby finds as follows in support of the Tentative 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 will not cause substantially environmental damage or substantially and voidably 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; lC 6o The previously certified FEIR prepared for the Rezoning and Preliminary Development Plan for the Magee-Diablo Ranch project fully discussed potential impacts associated with development of this site satisfying the requirements of the California Environmental Quality Act. Conditions of Approval Unless otherwise specified, the following Conditions shall be complied with prior to the recordation of the Final Map or the issuance of a Gradinq Permit. Each item is subject to review and approval by the Planninq Department unless otherwise specified. ae General Provisions This approval is for a single family residential development of a maximum of 259 lots with one community lot (Lot 261) and with proposed private and public open space areas collectively covering the 590± acre property identified as the Magee-Diablo Ranch Planned Unit Development. Lot 229 Shall be deleted from the project. Development shall be substantially as shown on the project drawings and project descriptions as follow, except as may be modified by conditions contained herein; "Final Development Plan", consisting of a single sheet, prepared by The SWA Group-Land Planners/Landscape Architects, and dated revised December 11, 1987. be "Vesting Tentative Map - Subdivision 7058", consisting of a single sheet, prepared by Debolt civil Engineering, and dated revised December 11, 1987. Ce "Existing Tree Survey", consisting of a single sheet, prepared by the SWA Group-Land Planners/Landscape Architects, and dated revised November 20, 1987. de "Grading/Drainage Plan" (1"=100' scale), consisting of a single sheet, prepared by The SWA Group-Land Planners/Landscape Architects, and dated revised December 11, 1988. Se "Final Development Plan - Enlarged Plans and Details", consisting of a single sheet, prepared by The SWA Group-Land Planner~/Landscape Architects, and dated revised December 11, 1987. 2C t Revisions to the Final Development Plan, consisting of the following sheets and dated February 12, 1988, or February 17, 1988 (as noted) or March 8, 1988 (as noted), and collectively dated received February 19, 1988, and prepared by the SWA Group-Land Planners/Landscape Architects; i. Exhibit E-1 - "Revised Plan for Area D-2 ii. Exhibit E-2 - "Revised Plan for Area B" (dated received March 8, 1988) iii. Exhibit E-4 - "Revised Plan for Area C (dated received February 17, 1988) v. Exhibit E-6 - "Revisions for Area D-2 (dated February 17, 1988) vi. Exhibit E-7 - "Revised Plan for Area F" vii. Exhibit E-8 - "Revised Plan for Area G". viii. Exhibit E-9 - Conceptual Site Plan and Project Entry at Blackhawk Road" Response to Staff design review comments, consisting of the February 18, 1988, letter from Larry Pearson of The SWA Group-Land Planners/Landscape Architects. Letter requesting relief from the twenty-five foot flat rear yard setback requirement, dated February 8, 1988, from Larry Pearson of The SWA Group-Land Planners/Landscape Architects. "Unit Elevations-Magee-Diablo Ranch", consisting of twelve sheets, prepared by Sandy & Babcock Architecture Planning & Interior Design, dated January 6 and January 13, 1988 and dated received February 9, 1988. The Subdivider 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 permits are 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 Contra Costa County Flood Control District. If extraordinary off-site fees are paid or traffic improvements are made which exceed the amount of the residential TIP fees, the Town will consider waiving the fees'. Prior to the issuance of grading or building permits, the Subdivider shall submit written documentation that all requirements of the San Ramon Valley Fire 3C Se Se Be Protection District and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. Special attention shall be made of the Fire District's sizing requirements for cul-de-sac bulbs and for private hammerhead turn around areas, if applicable. 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, the Town Planning Department notified, and a professional archeologist, certified by the Society of California Archeology and/or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. Construction and grading operations and delivery of construction materials, and warming up of grading and/or construction equipment shall be limited to weekdays (Monday through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If the Developer intends to file multiple Final Maps, the first submittal shall be accompanied by an overall phasing plan. This plan shall address off-site improvements to be installed in conjunction with each phase, erosion control for undeveloped portions of the site, timing of delivery of the Still Creek Road emergency vehicle access connection, and phasing of project grading, and shall be subject to the review and approval of the city Engineer and Chief of Planning. Site Planninq Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The pad mounted air conditioning units shall be located behind residential fencing and shall be situated so as to maintain a minimum 3' clear and level passage area on side and/or rear yards. 3. Development of the site shall occur as follows: Up to a maximum of 259 dwellings may be construe%ed on the site. 4C be Lots developed on Area D-1 (Lots 113-147 and 256-259) Area D-2 (Lots 151-193, Area D-3 (Lots 197-216), a portion of Area C (Lots 55-67 and 95-112) and Area G (Lots 1-18) shall be developed in a manner consistent with the R-10, Single Family Residential District Standards, as established by the Town Zoning Ordinance, except as follows: i) Lot sizes shall be substantially consistent with those shown on the development plans referenced in item A.1. a and d above. ii) A minimum ten foot clear and level sideyard structure setback from the top of slope and a minimum five foot clear and level sideyard structure setback from the toe of slope shall be maintained if the grade difference between adjacent building pad exceeds seven feet in height. The setback from the top of slope may be reduced to five feet for accessory detached structures located in the rear half of lots. The setback from the top of slope may be reduced for principal structures to five feet where a single story element os the structure is located adjacent to the top of slope or where the grade difference between adjacent building pads does not exceed seven feet in height. In all cases where the setback from the top of slope is less than ten feet,the property line shall be located at the top of the slope and the principal structure-to- structure separation shall be maintained at a minimum of twenty feet. Deed restrictions shall be established on affected lots which serve to: 1) assure a twenty foot structure-to-structure separation is observed, and 2) prohibit single story elements from being modified to a two-story element. 5C iii) The difference in pad elevations between adjoining lots shall be substantially as shown on the grading plans referenced in item A.l.d above. The vertical height in the pad elevations shall not exceed twelve feet except where rear lot lines are adjoining and the following five exceptions; a) 13' sideyard/sideyard slope between Lots 30 & 31, b) 12' sideyard/sideyard slope between Lots 89 & 90, c) 13 feet sideyard/sideyard slope between Lots 194/195, d) 13 feet sideyard/rearyard between Lots 216/217, and e) 15 feet sideyard/sideyard slope between Lots 220 & 221. iv) Lot widths shall be substantially as shown on development plan cited in Item A.l.a. above, except that Lots 104, 105, 115, 120, 151-154, 188 and 190 shall maintain a street width of a minimum of 80 feet. Co Lots developed in Area B (Lots 32-54) shall be developed in a manner consistent with the R-15, single family residential district standards, as established by the Town Zoning Ordinance, excepting that respective lot sizes and widths shall be substantially as shown on the Final Development Plan cited in Item A.l.a above. de Lots developed in Area A (Lots 147-150, 194-196, 217-221, 225, 226 and 233-255), a portion of Area C (Lots 68-94 & 261), Area E (Lots 222-224 and 227-232) and Area F (Lots 19-31) shall be developed in a manner consistent with the R-20, Single Family Residential District Standards, as established by the Town Zoning Ordinance, excepting that respective lot sizes and widths shall be substantially as shown on the Final Development Plan cited in Item A.l.a above. With Planning Commission review and approval (via a noticed public hearing), the Subdivider may convert the R-10 type and R-20 type lots along Street C to R-15 type lots. No additional lots may be developed along Street C as a result of this conversion. Ail rear setback requirements shall be measured from top or toe of slopes adjacent to the building pad. For R-10 and R-15 lots, a minimum (not average) twenty five foot ~lear and level rearyard ~etback area shall be provided. For R-20 lots, a minimum (not average) 6C thirty foot clear and level rearyard setback area shall be provided. The depths of the clear and level rearyard setbacks may be respectively decreased by five feet (down to twenty feet for R-10 and R-15 lots and down to twenty five feet for R-20 lots) for a'maximum of 25% of the lots in this subdivision and shall generally be limited to the lots identified in the February 8, 1988 letter from Larry Pearson of the SWA Group and Lots 132, 163, 174, 197, 198 and 199. Where the lesser standards are utilized, every reasonable effort shall be taken to provide an average clear and level rearyard setback area of the full dimension otherwise required for the respective lots. Retaining walls in excess of 3 feet in height shall not be utilized to satisfy any clear and level yard setback requirements on the project (Limited exceptions to this restriction may be granted by the Chief of Planning). The Subdivider shall prepare a Revised Grading Plan incorporating all the revisions cited in this document and submit that document for review and approval by the City Engineer and Chief of Planning prior to submitting detailed grading plans for any portion of the project. The scale of these plans shall be 1"=50', unless otherwise authorized by the Chief of Planning. The Subdivider shall enter into an agreement acceptable to the Town addressing the disposition, improvement, maintenance, and use of all lands designated in the project as open space. The agreement shall be subject to review and approved by the city Engineer, the Chief of Planning and the City Attorney prior to recordation. For open space lands ultimately retained by the project Homeowner's Association, the provisions of the agreement shall be incorporated into the Project Covenants, Conditions and Restrictions. The open space areas preliminarily indicated by the Subdivider to be lands to be offered to the East Bay Regional Park District (EBRPD) shall be offered for dedication to EBRPD, or the Town of Danville. Such an offer shall be in the form of an option which allows the District or the Town a period of five years from date of initial Final Map recordation, to accept or reject the dedication. In the event that the open space areas are not accepted for dedication by the District or the Town, and during the period prior to any such decision, these open space areas shall be maintained by the project homeowner's association. Development rights for the open space parcels 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 District. Open space lands created as a part of this subdivision shall not be altered ~ubs~quent to completion of the construction of the 7C subdivision except as may be expressly permitted by the Town. Additionally, trees required to be saved through approval of this subdivision shall be preserved and shall not be removed except as may be permitted in writing by the Chief of Planning of the Town. The location and nature of access through private open space to any future public open space area(s) shall be subject to review and approval by the ~city Engineer and the Chief of Planning. Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws for a mandatory homeowner's association shall be prepared by the Subdivider for this project. The Town shall be made~a third party beneficiary as to the sections of the CC & R's which address any applicable conditions included in the project conditions of approval. These documents shall be subject to review and approval by the City Engineer and City Attorney prior to their recordation to assure that all applicable conditions of approval have been addressed and to assure that: There is adequate provision for the maintenance, in good repair, of all commonly owned or maintained property and landscaping, inclUding but not limited to common open space, landscape and irrigation facilities, fencing, sedimentation basins (if applicable), and drainage and erosion control improvements. Payment of dues and assessments shall be both a lien against the assessed land and a personal obligation of each property owner. An estimate of these costs shall be provided to each buyer prior' to the time of purchase. Co The Association shall keep the Town City Planning Department informed of the current name, address, and phone number of the Association's official representative(s). do The Association shall contract with, or be advised (as to how to handle maintenance operations) by a professional management firm. C. Landscaping Final Landscape and Irrigation Plans (with an overall plan at 1"-50' scale and with detailed planting shown as needed at 1"=20' scale) for the following sub areas within the project shall be submitted for review and approval by the Design Review Board prior to the approval of the First Final Map for this project. The plan ~hall include common names of 8C all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. A Landscape Phasing Plan for the installation of project landscaping shall also be submitted for review and approved by the Design Review Board. a.West Parcel - Blackhawk Road Frontage - This 1350± foot linear strip (from the northeast corner of Lot 19 to the northeast corner of Lot 29) shall be planted in a manner and intensity which substantially matches the existing frontage landscaping in the Hidden Oaks-Blackhawk project directly opposite the subject property. b. East Parcel - Blackhawk Road Frontage - This 850± foot linear strip shall be landscaped in a manner which provides appropriate transition from open space to development areas, and back, while being compatible with landscaping located across Blackhawk Road from this part of the project. The landscape strip shall include the entire rear slope areas of proposed Lots 1-3 and 14-18 and shall wrap into Residential Area G along Street F for a minimum depth of 75' (as measured from the rear property lines of Lots 1 and 14). Planting zones on the north and south sides of this planting strip (north side of Lot 3 and south side of Lot 18) shall also be supplied to provide appropriate transitions to the surrounding natural landscaping (each to be a minimum of 2500 ± square feet in area). c. North Side of Street F - This 10 foot (minimum width) x 1100± foot strip shall be intensely landscaped with trees and shrubs to soften the visual impact of the rear of the adjoining architectural soundwall as viewed by the units in Residential Area F. The landscaping provided shall include planting from the east end of the cul-de-sac bulb for Street F to the northeast corner of Lot 28. d. Entry Landscaping - Landscaping in this area shall include the remainder of the West Parcel's Blackhawk road frontage, shall be substantially consistent with Exhibit E-9 (cited above in Condition A.l.viii) and shall include 25' width strips (minimum) along both sides of the northern most 650' of the Main Loop Road (excluding the area on the west side of the Main Loop Road which lies south of the culvert crossing and excluding the area directly adjoining the culvert crossing). At the option of the subdivider, this area may also include the 75'± x 125'± rectangular area lying a% %he ~outhw~t quadrant of the intersection of 9C the Main Loop Road and Blackhawk Road (if that area is not intensely landscaped then it shall receive a treatment compatible to that described for Landscape Sub-Area E below or, at the option of the Subdivider, shall be planted in grass). The design, location and materials utilized for project entry features (entry walls, trellises, entry pylons/signs) shall be subject to review and approved at the time Final Landscape and Irrigation Plans are submitted. e. Informal Entry Landscaping - This area shall consist of two triangular areas located on either side of the Main Loop Road culvert crossing and shall be landscaped in a manner which appropriately transitions from the design of the adjoining landscape treatment along the Main Loop Road to the existing trees flanking the proposed culvert crossing. The existing trees shall be supplemented with plantings to establish an informal natural landscape setting. The Subdivider is encouraged to remove the existing culvert at the southeast corner of APN 215-050-004 and return this area to a more natural setting. f. Landscape Planting Along Main Loop road - Adjoining Residential Areas B and C - This area shall consist of a 15' (minimum width) strip (measured from the face of curb) between the Main Loop Road and the rear portions of Lots 32-34 and 51-54 of Residential Area B and the rear of Lots 55-57 and 110-112 of Residential Area C. Landscaping in this area shall be established up to the rear fences of the listed lots. Landscaping shall include an intensive planting mix of trees, shrubs and ground covers (or lawn). The east and west end points of this area (respectively at the northeast sides of Lots 32 and 57 and the southwest side of Lot 50 and the west side of Lot 110) shall be triangular shaped planting areas each 2500 ± square feet in area extending 100' ± along the Main Loop Road. Planting shall~be carried a minimum of 75' into the two residential areas served by Streets B and C from their intersections with the Main Loop Road. g. Landscape Planting Along Main Loop road - Adjoining Residential Areas D-1 and A - This area shall consist of a 15' (minimum width) strip (measured from the face of curb) between the main Loop Road and the rear or side portions of Lots 113, 145, 146, 147, 256 and 259 in Residential Area D-1 and along the side portion of Lot 238 of Residential Area A. Landscaping in this area shall be established up to the rear or side fences of the listed lots. Landscaping shall include an 10C intensive planting mix of trees, shrubs and ground cover (or lawn). The east end points of this area (at the east sides of Lots 113 and 259) shall be triangular shaped planting areas each 2500± square feet in area extending 100'± along the Main Loop Road. Planting shall be carried a minimum of 50' into the residential areas served by Street D-1 and Court D-1.2 from their intersections with the Main Loop Road. The Subdivider is encouraged to also provide comparable landscape treatment along a portion of Lot 239's frontage which lies opposite the "T" intersection of the'Main Loop Road and the Loop Road. h. Revegetation of Cut/Fill Slopes - Ail areas ultimately lying within project open space areas which are disturbed (graded) during development of the project shall be hydroseeded with native grasses, or planted as directed by the Final Soils and Geotechnical Report prepared for this project. i. Informal Tree Plantinq Alonq Main Loop Road - Those portions of the Main Loop Road frontage not required to be landscaped by the above provisions, shall receive clumped tree plantings with depths of said planting to range from 50' to 100' from either side of the road. j.E.V.A. EXtending From Still Creek Road - This area shall consist of the strip of land lying outside the sideyard fences of Lots 225 and 226 and shall be landscaped as generally depicted in Item A.l.e above. k. Street Tree Planting Program - Street trees planted in the project shall be supplied as generally depicted in Item A.l.e above. If determined necessary and effective by the City Engineer, some, or all, of the street trees shall be planted with root shields. The requirement for future homeowners to retain street trees on their respective individual lots shall be containe~ in the project CC&R's. The type of trees utilized shall be subject to final review and approved by the City as part of the review of the Final Landscape and Irrigation Plans. 1. Detention Basins - These areas shall be planted (if determined necessary by the Chief of Planning) in a manner that balances the desire to provide some level of screening with a desire to provide as natural a landscape appearance as feasible. Ail project landscaping shall be served by automatic underground irrigation systems, excepting landscaping llC installed in the open space areas (i.e., hydro seeding, soil erosion planting required by the Final Soil and Geotechnical Report, clumped tree planting along the Main Loop Road, and tree planting at graded slopes) where drought resistent materials may be utilized. These plantings shall be maintained in healthy growing condition by the subdivider for a minimum period of one year after planting, and thereafter by the project homeowners association. The subdivider shall supply "as-built" landscape and irrigation plans to the project homeowner's association upon the association's acceptance of each portion of project common area. Ail street trees shall be a minimum of 15 gallon container size and properly staked except that a minimum of 50 specimen sized trees (two-thirds 24 inch box and one-third 36 inch box) shall be provided in key areas of the site such as the project entry. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. Ail intense landscaping areas not covered by shrubs and trees shall be planted with live ground cover or lawn subject to review and approval at the time of consideration of the Final Landscape and Irrigation Plans. The existing on-site trees to be retained shall be as shown in Item A.l.c above. The Final Map and Final Grading Plans for this project shall reflect adjustments to the Tentative Map and Preliminary Grading Plans (i.e., lot re-configuration, use of retaining walls and special drainage systems, use of alternate dwelling unit designs adjustments to pad elevations, adjustments to rear/side yard configurations, etc.) necessary to assure that all reasonable efforts are taken to retain those trees identified as "Tree to be field-verified - to remain or be removed when rough grading commences" on the Existing Tree Survey cited in Item A.l.c. above. No trees on the site shall be removed except those so designated on the above referenced plan without the written approval of the Chief of Planning. Trees to be saved which are in close proximity to graded areas shall be enclosed by an acceptable fencing. A tree specialist determined to be acceptable to the Town (landscape architect, forester, horticulturist or arborist) shall, at the expense of the Subdivider, review and approve the Tree Fence Protection Plan prior to on-site grading commencing, shall filed verify that said fencing is in place prior to any grading activity, and shall be consulted for direction regarding any proposed adjustments to the grading plan which may affect trees planned to be preserved. In addition to the above requirements, a horticulturist report prepared by the tree specialist shall be prepared outlining 12C e De tree specific preservation measures for the trees adjoining the following lots; 27,132,133,138,139,162-164,174,175,197- 199 and 206. The requirement to prepare this report may be waived in all, or in part, by the Chief of Planning if it is determined the trees in question can be retained in good health through the use of the previously listed design modifications. Ail cut and fill slopes adjoining areas to be developed with residential units shall be landscaped with tree planting and/or hydroseeding to achieve a natural appearance. Trees planted in this area may include seeds, seedlings, 1 gallon, 5 gallon and larger trees. Planting ratios for these areas, and the depth of the planting, shall be subject to review and approval by the Chief of Planning as part of the Final Landscape and Irrigation Plans. Street trees shall be planted at a ratio of 2.5 trees for each R-10 type lot and at a ratio of 3.0 trees for each R-15 or R-20 type lot. Architecture All meters, air conditioning and/or any other mechanical equipment shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure. Single family structures shall be designed in accord with the following criteria: a® Each production-type model shall have a minimum of three architectural elevations. be 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. Ce Variation shall be included in the roof lines proposed with each floor plan. de White stucco finishes and/or red tile roofs shall be avoided in favor of beige or earthtone colors. 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 with an matching architectural elevation shall not be utilized on lots located next 13C to or directly across the street from each other. Front yard setbacks shall be varied to create additional visual relief. he In opposing corner lots for both custom and production lot areas, a minimum of one unit shall be single story in design. Use of single story designed units are encouraged on corner lots to the greatest extent possible. Single story houses shall be integrated throughout the project to provide variety in the project streetscapes. Plans for the production-type units in the project shall be substantially as submitted and approved by the Architectural Review Committee on February 2, 1988. Any deviations or additions to these plans may, at the discretion of the Chief of Planning, be referred back to the Architectural Review Committee for consideration and approval. Prior to the issuance of building permits, samplas of final colors and materials selected for all single family structures shall be submitted to the Planning Department for review and approval. Ail development and construction on the site shall be consistent with Danville's Residential Development Standards. Prior to the recordation of the Final Map, the Subdivider shall submit to the Design Review Board for review and approval architectural design guidelines addressing the design of; 1) any custom type units to be developed in the project, 2) any future additions to the production-type units and 3) any accessory structures developed on any of the residential lots in the project. These design standards shall be incorporated into the Project. E. Grading Any proposed off-site grading shall be subject to review and approval by the City Engineer prior to the recordation of the Final Map. Such grading requires written approval, submitted to the City Engineer, of all affected property owners. 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 th~ City Engln~ and ~mploy~d at all tim~ az conditions warrant. 14C Graded areas shall not exceed a slope of 3:1, excepting; 1) sloped between building pads with less than seven feet of grade difference between adjacent pads, and where the slope is between common rear lot lines, 2) engineered slopes transitioning to natural slopes which are steeper than 3:1, and 3) slide repair of slopes where surrounding slopes are steeper than 3:1, if determined acceptable by the Final Soils and Geotechnical Report. Cut and fill slopes shall be contour-rounded to conform as closely as possible with natural slopes, to avoid a man-made appearance, and to form a gradual transition to natural terrain. Compliance of these requirements shall be subject to field verification by the city Engineer and Chief of Planning at the completion of rough grading for each phase of the project. The Subdivider shall document that a diligent effort has been made to secure the necessary approvals to perform off site grading to provide a smoother graded transition for the road to Lots 227-232. If, as a condition of securing said approvals, access rights to the rear of APN 215-240-010 are required to be supplied, then the design of such a driveway connection shall be shown on the Final Grading Plans for this project. F. Streets The Subdivider 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 Subdivider as required by the Town. This shall include, but is not necessarily limited to "Stop", "No Parking", "Not a Through Street", and street name signs. Traffic signs and parking restriction signs shall be approved by the Police Department. The Subdivider shall keep adjoining public streets free and clear of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. The subdivider shall be responsible for corrective measures at no expense to the Town of Danville. Construction fencing shall be supplied as required by the City Engineer if determined necessary, to provide public safety. Handicapped ramps shall be provided and located as required by %he City Engineer. 15C Se This development shall be provided with a safe and effective circulation system for bicycles and pedestrians substantially as shown on Item A.1. a above. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. e Any damage to existing public street improvements resulting from project construction shall be repaired to the satisfaction of the City Engineer at full expense to the Subdivider. The Subdivider shall also be responsible for correction of any existing frontage deficiencies along the subject property's frontage along Blackhawk Road. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. The developer of this subdivision and the developer of the Rassier project shall be jointly responsible for construction of all the street and related improvements listed below as these improvements are set forth in the Town of Danville Capital Improvement Program: Widening of Diablo Road between E1 Cerro Boulevard and Green Valley Road; be Widening of Diabl© Road between Camino Tassajara and E1 Cerro Boulevard; Ce Reconstruction and widening of E1 Cerro Boulevard between 1-680 and Diablo Road; and Installation of traffic signals and associated intersection modifications at the intersections of Diablo Road/E1 Cerro Boulevard and Diablo Road/Green Valley Road. The proportionate responsibility of each project shall be determined by the Chief of Planning and the City Engineer based on consideration of the number of dwelling units respectively contained in the Rassier and the Magee-Diablo Ranch projects. SatisfaCtion of this condition will require actual construction of improvements based on the following criteria: ao At the time that this project proceedS with filing of the initial Final Map for the project, 100% of improvements (a) and (d) cited above shall be constructed or financially assured. 16C be If a Final Map for the first phase of the Rassier Ranch project is not approved prior to issuance of building permits for greater than 50% of the lots within this subdivision, improvement (c) cited above shall be constructed or financially assured prior to issuance of any permits which exceed 50% of the total lots in this subdivision. The subdivider may seek reimbursement through a reimbursement agreement for reimbursement of costs incurred through construction of the above improvements which exceed this Subdivider's responsibility as determined in the manner described above. Reimbursement from the Subdivider of the Rassier Ranch project and other in-fill development in the vicinity will be considered by the Town Council. If a Final Map for the Rassier Ranch development is recorded prior to development of this subdivision, the Subdivider of this subdivision shall be responsible for constructing or financially assuring any improvements cited herein not constructed or assured by the developer of the Rassier Ranch property. Additionally, if a reimbursement agreement is applied for by the developer of the Rassier Ranch property and the agreement is approved, the developer of this subdivision shall be required to reimburse the developer of the Rassier Ranch property for this project's share of improvements which may already be constructed. The Subdivider of the subject property and the Subdivider of the Rassier Ranch property shall be responsible for funding a 25% share of the Green Valley Road improvement costs as identified in the Town's Capital Improvement Program. The proportionate responsibility of each project shall be determined by the Chief of Planning and the City Engineer based on consideration of the number of dwelling units respectively contained in the Rassier and Magee-Diablo Ranch projects. The identified fee shall be paid or assured at the time of filing the initial Final Map for the development. Ail improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standards established in Title 9 of the City Code. At the time Project Improvement Plans are submitted, the Subdivider shall supply to the City Engineer an up-to-date Title Report for the subject property. 10. Still Creek Road shall be extended into the site for emergency vehicle and bicycle/pedestrian access. Means of gating this 30-foot strip shall be subject to review and 17C approval by the San Ramon Valley Fire Protection District, the City Engineer and the Police Department to assure appropriate provisions for emergency vehicle access is provided. The right-of-way for the emergency vehicle access/bicycle/pedestrian easement shall be a minimum width of 40 feet. The 40 foot right-of-way shall be rough graded and shall be improved as deemed necessary by the City Engineer to accommodate emergency vehicles. (Minimum pavement width, or "turf-block" surface if acceptable to the Fire District, shall be 24 feet). 11. The Subdivider of this property shall be responsible for funding the installation of a traffic signal at the intersection of Hidden Oaks Drive and Blackhawk Road and for the acquisition of any additional right-of-way needed for the signal's installation. The signal shall be designed and guaranteed as a condition of recordation of the first Final Map and shall be installed on demand of the City Engineer at such time as a Town traffic study indicates signal warrants have been met and no later than 3 years after recordation of this subdivisions last final map. 12. The Subdivider of this property shall be responsible for financially assuring or constructing improvements to Diablo road easterly of Green Valley Road to include realignment of portions of the road and adding shoulders. These improvements shall be constructed or assured at the demand of the City Engineer. 13. Conditions of this approval require the construction of certain roadway improvements withinthe Town of Danville (see Conditions F.7 and F.8) with the specific intent of maintaining a Level of Service 'D' traffic condition. Prior to approval of each respective Final Map for the project, the Subdivider shall prepare an update to the TJKM Traffic Study to determine if the mid-range Level of Service 'D' traffic condition will be maintained at all locations within Danville where traffic improvements are required to be made by this Subdivider. If this level of service is exceeded at any of the locations described above, no further Final Maps shall be recorded until the necessary corrective programmed improvement is completed or financially assured. 14. The following paving/right-of-way sections shall be observed in this project (paved width/right-of-way width); - Main Loop Road/Loop Road - 40'/49' - Court A.1. - 32'/41' - Street B - 36'/45' - Courts B.1. & B.2. - Street C - 36'/45' up to Court C.3, where a 32'/41' roadway can be u~l~zed - Courts C.1, C.2 & C.3 - 32'/41' 18C Street D.1 - 36'/45' up to Court Di.1, where a 32'/41' roadway can be utilized Street D.2 - 36'/45' up to Court D2.1, where a 32'/41' roadway can be utilized Street D.3 - 36'/45' Court D.1.2. - 36'/45' Street E.1 & E.2 (private) 24' with 3' width utility easement on both sides Street F - 30'/39' Street G - 36'/45' up to Courts G.i.1 & G.1.2, where a 32'/41' roadway can be utilized Courts G.i.1 & G.1.2 - 32'/41' G. Infrastructure Water supply service for this subdivision 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 be completed and documented prior to approval of a Final Map. Sewer disposal service for this subdivision 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 be completed and documented prior to approval of a Final Map. Drainage facilities serving this subdivision, maintenance thereof, and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. Ail storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the Town. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways· Each lot shall be supplied with curb shoots through adjoining ~id~w~lk~/~urbs, unless o%herwlse stipulated by the city Engineer· 19C . Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a lot, the minimum storm drain easement width shall be ten feet. Wider easements will be required in some cases based on pipe size and depth. 10. The Subdivider shall comply with all relevant requirements of the Contra Costa County Flood Control District. The Subdivider is referred to the District's letter of February 9, 1988. Written documentation shall be supplied to the City to verify that the District's requirements have been, or will be, met to the satisfaction of the District. 11. The Subdivider 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground to each lot in accordance with the city policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets. 12. In accordance with Section 92.2006 of the City Ordinance Code, this project shall conform to the provisions of the City Subdivision Ordinance (Title 9). Any exceptions therefrom must specifically be listed in the conditions of approval as contained herein. 13. Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and depositing of sediments except as may be authorized in writing by the City Engineer. All exposed erodible slopes resulting from grading activities shall be hydromulched or otherwise stabilized by the Subdivider each year by October 15. Low height light standards may be utilized if deemed acceptable by the city Engineer. 14. The Subdivider shall be responsible for the installation of street light standards and luminaries with the design, spacing height, lighting intensity and locations subject to approval by the City Engineer and the Chief of Planning. 20C 15. Storm drain facilities shall be designed to channel water into natural drainage ways. Prior to inlets, trash and debris racks will be required. Outfall lines should be designed to carry water from the edge of developed areas to energy dissipaters at nearby creekbeds in order to minimize erosion that will occur if outlets are placed at the tops of slopes. 16. Storm drains shall be placed in streets or open space corridors wherever possible and the plan shall be designed so that this can be accomplished without the pipes being excessively deep. H. Drainage 1.Mitigation of the drainage impacts resulting from this development shall be provided as follows: ae be On site detention basin(s) may be constructed to limit the rate of peak runoff at or below predevelopment levels, provided that the detention facility is maintained either by the Contra Costa County Flood Control District in accord with their letter dated July 6, 1987 or by another public agency acceptable to the Town; In the event that the Flood Control District or another acceptable public agency does not accept maintenance of the detention facility, storm drainage facilities shall be constructed within existing public rights of way and/or drainage easements to carry storm flows from the project to Green Valley Creek, discharging at the approximate location of existing discharge. Additionally, downstream improvements shall be constructed as may be necessary to accommodate the additional unmitigated storm flows. A drainage/hydraulic study shall be prepared for review and approval by the City Engineer addressing all drainage impacts associated with development of the site including all tributary areas and extending to the point of drainage onto Green Valley Creek. The study shall address: Debris/trash racks; inlet and conduit sizing; open flows through side yards of lots; siltation basins; detention facility sizing, configuration, mechanics, appearance, side slopes and safety issues. This study shall be submitted with the initial Final Map, Grading Plan or Street Improvement Plans. 21C The drainage facilities depicted on the Improvement Plans shall reflect the following design modifications (subject to the findings of the detailed drainage study); a· Debris/trash racks will be required before all inlets accepting open space flows. Ail inlets accepting flows from open space areas shall be oversized. Co Where open space drainage inlets lie abutting rear lots of residential units, an improved overland drainage escape facility shall be installed to the nearest public street. Multiple debris/trash racks may be required for specific portions of the project. With the filing of each Final Map for the subdivision, the following fees shall be paid to the Town for off-site drainage and related improvements: a. $500.00 per dwelling unit; plus, $0.10 per square foot of new imperious surface area created by the development. These funds will be held by the Town of Danville in an account established for Green Valley Creek and downstream improvements. The funds may be dispersed to the Contra Costa County Flood Control District for use by the District in preparing studies or constructing drainage and related improvements related to Green Valley Creek and areas downstream. Any such studies and/or improvements shall be mutually agreed to by the Town and the District in order for the funds to be dispersed. In the event that mutually agreeable drainage projects are not identified, within 12 months of the receipt of the money, the Town may independently utilize the funds~ for preparation of studies or constructing improvements within Green Valley Creek and areas downstream. Ail closed conduit drainage systems shall be designed with self-cleaning flow velocities (not less than 2 FEET PER SECOND). The public's responsibility for maintenance of drainage 22C public street drainage (open space drainage shall be the home owner association's responsibility) and shall extend to the outlet at Green Valley Creek/the retarding basin. I. Miscellaneous The Town will contract with a qualified "third party" for the purpose of conducting an independent review and appraisal of the Final Soils and Geotechnical Report for 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. The Subdivider shall provide the Town all necessary data to facilitate this review prior to the recordation of the initial Final Map or the issuance of grading permits. The initial review will be completed within 3 weeks of 'submittal of the data, at which time the Subdivider and his soils engineer shall address all comments and re-submit the complete package for final review. Concurrent with the final review, the Subdivider's engineer shall make any necessary changes on the Final Map which result from the third party review. Unless modified through the rebuttal process established for the Subdivider and his soil engineer in Item # G.18 of the Conditions of Approval for the Preliminary Development Plan covering this project, or by the subsequent "third party" review, outlined in this Condition, the recommendations outlined in February 1, 1988, review entitled "Geotechnical Peer Review - Magee - Diablo Ranch," prepared by Rogers/Pacific Professional Engineering Consultants shall be complied with by preparation of future geotechnical reports and shall be reflected on the Project Improvement Plans, Grading Plans and Final Map. In the event that the City 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 85-5) and Tentative Subdivision Map (SD 7058) shall be referred back to the Planning Commission for reconsideration. Prior to recordation of the Final Map, the Subdivider shall prepare a study addressing the need for day care facilities generated by this project. The Subdivider shall make provisions within the subdivision to address this demand through setting aside a suitable site for the development of day care facilities, payment of a per unit fee to be used towards construction of day care facilities, or other alternatives acceptable to ~h~ Town of Danvllle. I£ ~he guh~v~.~r ehoo~ to Pau 23C e a per unit fee, the town shall be notified of the Subdivider's intent in writing and the fee shall be set by the Town Council within 120 days of the receipt of the letter. The Subdivider shall confer with local postal authorities to determine the type of mail receptacles that are to be utilized for this project. The Subdivider shall supply a letter to the City which indicates the postal authority's satisfaction with the system chosen prior to the issuance of building permits. The Subdivider shall submit a Project Fencing Plan which graphically depicts the locations of various project fencing. This plan shall be accompanied with detailed construction specifications for each of the following types of fencing: ae Co fe ge Architectural soundwall along Blackhawk Road Low-rail fencing adjoining the undeveloped portions of Main Loop Road to preclude unauthorized vehicular access into the open space areas (or alternate fencing/barrier determined acceptable to the Chief of Planning) Heavy wooden fencing adjoining the outside perimeter of lots adjoining the Main Loop Road (to be installed with intermediary masonry pilasters on 24' to 32' centers unless otherwise authorized by the Design Review Board) Standard wooden fencing for residential lot "View" fencing (for use on residential lots extending onto natural or engineered slopes) Fencing defining the separation between public open space/private open space Fencing at the outside perimeters of public and private open space area (at perimeter of project holding) Fencing around detention basins (if required by the Flood Control District) The Subdivider shall develop an Open Space Access Plan which details how the sloping open space areas behind the proposed residential lots extending up the four on-site ravines (Streets C, D-i, D-2 & D-3) will be accessed in emergency situations, for ongoing maintenance of project drainage improvements and for annual weed abatement. This plan shall be subject to review and approval by the San Ramon Valley Fire Protection District and the city Engineer and shall al~Q ~¢ ma~ available %o %he oon~ultant pr~forming the "third party" soils and ge.technical review· As a 24C e general rule, all open space areas abutting residential lots shall be no more than 600 feet away from areas where direct access from a public or private street can be made. If determined necessary as a result of this review, revisions to the project lotting layout shall be made to allow supplemental access through specified lots (across special easements) to permit the desired level of access to adjoining open space areas. The design and precise citing of the hammerhead serving Lots 17 and 18 in Residential Area G shall be detailed prior to the recordation of the initial Final Map. The location shall be shown as it relates to the precise building footprints and grading plan for those two lots and shall be subject to review and approval by the Chief of Planning. Any abandoned septic tanks or wells located across the entire 590± acre property shall be destroyed per the requirements of the Contra Costa County Health Services Department. Ail physical improvements shall be in place prior to occupancy of any unit in the project. If occupancy within the project is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a Construction-Phased Occupancy Plan approved by the Planning Department. No individual unit shall be occupied until the adjoining area is finished, safe, accessible, provided with all reasonable expected services and amenities, and appropriately separated from remaining additional construction activity. 10. 11. Construction vehicle traffic traveling along the base of the hill between the culvert crossing of the Main Loop Road~and Court E2 shall be limited to survey crew, soil engineering crews and the like. No heavy construction equipment shall utilize this route except as may be necessary for the development of the lots on Court E2. The Subdivider shall be responsible for the installation of street signs with the design, materials and location subject to approval by the city Engineer and the Chief of Planning. Development along Court E.2 shall be as generally shown on Exhibit E-13 ("Revised Plan for Area E", dated February 12, 1988) modified to provide for the 25C elimination of Lot 229 and also to provide for accompanying lot reconfigurations and refinements t© site grading which shall collectively serve to further mitigate development impacts to existing, adjoining residences lying to the north and west. The revised lotting and grading plan shall be subject to review and approval by the Design Review Board. 12. The configuration and street orientation of Lots 146 and 147 shall be further studied pursuant to Planning Commission direction and shall be returned for review by the Design Review Board for ultimate resolution. Ap ~roved by the Town of Danville ~nning ~on March 14, 1988 .e~ of Plannin~ 26C