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Home My WebLink AboutPUD 88-09 Exhibit A Findings and Conditions of Approval Revised Final Development Plan - Magee Ranch PUD 88-7 FINDINGS The proposed lotting and grading change is consistent with the approved Planned Unit Development covering the subject property, with Danville's Residential Development Standards and with the Town General Plan; and The proposed lotting and grading change will be compatible with the remainder of the project and with surrounding development; and The residential development will constitute a residential environmental of sustained desirability and stability, and will be in harmony with the character of the surrounding neighborhood and community; and The previously certified EIR prepared for the Rezoning and Preliminary Development Plan for the Magee Ranch Planned Unit Development fully discussed potential impacts associated with development of this site, satisfying the requirements of the California Environmental Quality Act (CEQA). Town Council Resolution No. 97-87, which certified review and consideration of the EIR and established findings with respect to significant impacts and also established mitigation measures for identified impacts, is incorporated by reference into the subject project's findings. CONDITIONS Except as may be modified by the following conditions, development of the 259 unit - 579+ acre Magee Ranch Planned Unit Development shall comply with the Conditions of Approval established for the Final Development Plan and Tentative map approvals (PUD 85-5 and SD 7058) granted by the Danville Planning Commission on March 14, 1988. 2 o Development of Area C of Subdivision 7058 occupying the southeastern portion of APN 215-070-002, shall be substantially as shown on the plans submitted with the application entitled "Revised Final Development Plan - Magee Ranch - Area C Subdivision 7058", prepared by D.K. Associates, dated received July 19, 1988. o e Conditions # B.3.b. and # B.3.d. of the Conditions of Approval for the Magee Ranch Final Development Plan and Tentative Map (hereafter referred to as "Conditions of Approval for the Magee Ranch FDP") are amended to strike references to development standards for the Area C portion of the project° Lots developed in Area C (Lots 54-110 on the plans cited in Item 1 above) 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 Revised Final Development Plan cited in Item 1 above. The Area C lots referred to in Condition # C.l.f. of the Conditions of Approval for the Magee Ranch FDP, calling for provision of a 15' (minimum width) landscape strip between the Main Loop Road and the rear of lots, is amended from referring to "Lots 55-57 and 110-112 of Residential Area C" to "Lots 54'& 55 and 108-110 of Residential Area C". The Area C lots referred to in the same condition where an adjoining triangular shaped planting area is to be provided are amended from Lots 57 and 110 to Lots 55 and 108. Condition # C.6 of the Conditions of Approval for the Magee Ranch FDP is amended to specify that the responsibilities of the tree specialist cited in the condition shall be extended to include responsibility to prepare a tree specific preservation plan for the large oak tree between Lots 66 and 67, as identified on the Final Development Plan cited in Item 1 above. Adjustments to portions of the lotting layout of the following lots shall be made to have up-slope lot lines more closely correspond to surrounding natural contours; Lot 56 - southeast corner Lot 58 - east property boundary Lot 78 - southeast and southwest corners Lot 84 & 85 - north boundaries Lot 98 - north corner Lots 101, 102 & 103 - west property boundary Lots 106 & 107 - south property boundary The resultant adjustments to the lotting layout shall be subject to review and approval by the Chief of Planning prior to the recordation of the Final Map. 10. 11. The finish grade along the east side of the street improvements to be installed for Street C between Lots 66 & 67 (adjoining the Oak tree) shall provide a generally level bench of a 5 foot ± width extending beyond said street improvements. A similar bench area shall be supplied along the south side of the street improvements to be installed for Court C.3. at the northwest corner of Lot 95. Unless otherwise authorized by the Chief of Planning, vehicular access to corner lots developed along Street C shall occur as follows: Lot 54 - south side, onto Court C.2 Lot 57 - north side, onto Court C.2 Lots 95 & 99 - east side, onto Street C Lot 104 - north side, onto Court C.1 Lot 110 - north side, onto Court C.1 Development for the Magee Ranch Planned Unit Development shall be consistent with Danville's Residential Development Standards. Condition #B.6 of the Conditions of Approval for the Magee Ranch FDP is amended to read as follows (changes are noted by underlining); 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 Convenants, 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 EBRPD or the Town a period of five years from date of initial Final accept or reject the dedication. In open space areas are not accepted fo~ EBRPD District of the Town, and durir to any such decision, these open spa¢ maintained by the project homeowner's Development rights for the open space dedicated to the Town in the event tX of the open space is not accepted fo~ EBRPD or the Town. Open space lands this subdivision shall not be altered completion of the construction of the as may be expressly permitted by the trees required to be saved through a~ subdivision shall be preserved and s~ except as may be permitted in writinc Planning of the Town. The location ~ through private open space to any fur space area(s) shall be subject to rev the City Engineer and the Chief of P1 reflect the following: So Perimeter fencing of the public shall be supplied by the develo~ materials and location of fencir review and approval by the publi said area(s). A minimum of one easement for e~ maintenance access (EVMA), prov~ rights of access from publicly d the open space area(s), shall be public agency accepting said ope Development of the easement up t areas shall be the responsibilit The design of the accessway deve easement shall be sufficient to protection of the open space are Ce A minimum of four local trail ac (LTA's), providing continuous ri publicly dedicated streets to tb area(s), shall be dedicated to t accepting said public open space the four LTA's may have an alig~ the EVMA discussed in Item b) ak shall have a minimum width of 2G Map recordation, to the event that the dedication by the g the period prior e areas shall be association. parcels shall be at all or a portion dedication by the created as a part of subsequent to subdivision except Town. Additionally~ proval of this all not be removed by the Chief of nd nature of access ure public open iew and approval by anning and shall open space area(s) er, with the design, g to be subject to c agency accepting ergency vehicle and ding continuous edicated streets to dedicated to the n space area(s). o the open space y of the developer. loped in the assist fire a(s). cess easements ghts of access from e public open space he public agency area(s). One of ment coinciding with ove. The LTA's feet. do A floating trail easement, provJ rights of access from Diablo Ro~ northeast portion of the propose on APN 215-070-002 to the public shall be dedicated to the public said public open space area(s). easement shall have a minimum wJ 12. Condition #B.7 of the Conditions of ~ Magee Ranch FDP is amended to indicat additional items which shall be cont~ CC & R's. Project CC & R's shall include Government Code Section 831.25 to open space area(s) to be off the EBRPD or the Town of Danvil] fo C C & R's shall not restrict the project public agency accepting open space area(s) to place sigr or floating trail easement respE Item #11 b, c and d above nor rE agency from entering the private repair and maintain the perimetE around the public open space are APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON SEPTEMBER 26, 1988 Kevin Gai~y~ Principal Planner pkgpl0(J~--J ding continuous ~d through the ~d private open space open space area(s) t agency accepting The floating trail dth of 12'. .pproval for the the following ined in the project reference to ~nd its applicability ~red in dedication to ee rights of the the proposed public .s on the EVMA, LTA ~ctively discussed in ~strict said public common area(s) to ~r fence developed ~as o Date