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HomeMy WebLinkAboutSD 6806EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL SD 6806, PUD 87-3, DP 87-3 FINAL DEVELOPMENT PLAN AND TENTATIVE SUBDIVISION MAP FINDINGS: ae The Town of Danville hereby finds as follows in support of the Final Development Plan for the single and multiple family portions of the project: The proposed planned unit development is consistent with the Danville General Plan and the Preliminary Development 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 and drainage impacts through the assurance of off site improvements in a manner acceptable to the City. The previously certified EIR prepared for the Fostoria Way Area General Plan Amendment fully discussed potential impacts associated with development of the site satisfying the requirements of the California Environmental Quality Act based on the following specific findings. The Town Council of the Town of Danville adopted findings regarding the environmental impacts of the project through their adoption of Resolution 20-86 which resolution includes required mitigation measures for the project. be Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) that feasible mitigation measures and alternatives developed in the EIR for the Fostoria Way Area General Plan Amendment have been incorporated; (2) that no subsequent changes in the project have occurred which would 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 lC Be 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. The Town of Danville hereby finds as follows in support of the Tentative Subdivision Map: The proposed map is consistent with the Danville General Plan and is consistent with the Preliminary and Final Development Plans for the project; The design and improvement of the proposed subdivision is consistent with the Danville General Plan, will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat; The design of the subdivision or type of improvements is not likely to cause serious public health problems; The site is physically suitable for the proposed density of development; The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The previously certified EIR prepared for the Fostoria Way Area General Plan Amendment fully discussed potential impacts associated with development of the site satisfying the requirements of California Environmental Quality Act, based on the following specific findings: The Town Council of the Town of Danville adopted findings regarding the environmental impacts of the project through their adoption of Resolution 20-86 which resolution includes required mitigation measures for the project. Use of the prior EIR as a "Program EIR" is appropriate based on the following: (1) that feasible mitigation measures and alternatives developed in the EIR for the Fostoria Way Area General Plan Amendment have been incorporated; (2) that no subsequent changes in the project have occurred which would require important revisions of the prior EIR; (3) that there has not been substantial changes with 2C respect to the circumstances under which the project is undertaken which require important revisions of the prior EIR; and (4) no new information of substantial importance to the project has become available which would require an additional EIR. CONDITIONS OF APPROVAL: A. General The development shall be substantially as shown on the project drawings labeled "Fostoria Way: Site Plan,as prepared by Dahlin Group delineating the site plan for the single family and multiple family portions of the site and marked Exhibit "B" on file with the Planning Department except as modified by the following conditions of approval. The site may be subdivided in accord with the Tentative Map titled Tentative Map: Subdivision 6806, prepared by Greiner Engineering dated January, 1987 as modified by these conditions and by the revised site plans for the single and multiple family areas referenced in condition A.1 above. A final map may be filed to create the multiple family site, the commercial site, the hotel site and the single family area without requirements for assuring any public or private improvements on the site. At such time as a final map is approved to create the single family lots, all public improvements within and abutting the single family area shall be assured and all applicable conditions shall be complied with. All improvements associated with the multiple family or commercial sites shall be completed or assured prior to issuance of building permits for development of the specific site. 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, and the drainage acreage fees as established by the Flood Control District or recommend in the letter from the Flood Control District dated March 9, 1987.. ~ 3C ~ o The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District. 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. Site Planning Ail lighting installed on private property shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The location of any pad mounted transformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. Development of lots 1 through 20 as shown on the Tentative Map shall comply with the requirements of the R-10 standards contained in the Zoning Ordinance, except as follows: Lot sizes and dimensions shall be as shown on the Tentative Map referenced in condition A-1 above. If a side entry is provided into the garage of any unit, the front setback may be reduced to fifteen feet. Development of lots 21 through 63 as shown on the Tentative Map shall comply with the following requirements: Ail structures or additions to structures shall comply with the R-10 setback standards of the Zoning Ordinance except that a zero setback is permitted along any property line upon which a common wall with an adjacent structure exists. 4C 0 ce de be On any paired structure (2 attached units) at least one of the units shall be provided with a side entry to the garage. Development of the multiple family site shall comply with the following: Composition type shingle shall not be permitted as roofing materials. Access to the site shall be from the south except that access to the north shall be provided to project residents through the use of mechanically controlled gates. The gates shall be maintained by the homeowner's association formed for the multiple family project, (or by the owner of the project if rented as apartments). Mandatory C.C. & R.'s shall provide for such maintenance and shall provide for enforcement by the Town of provisions required by the Town to be included in the C.C. & R.'s. The design of the sixteen unit buildings shall be modified to reflect variations in the roof line at the locations above the ground level pedestrian walkways. Substantial landscaping shall be installed along the Fostoria Way frontage and throughout the multiple family site to include berming, specimen trees (24" and 36" box size) where appropriate, shrubs and live groundcover. Final Development plan approval for the commercial portion of the site is not granted at this time. Development of the commercial site shall be subject to review and approval by the Planning Commission as part of a subsequent application for Final Development Plan. Fencing and/or walls shall be installed as follows: ae Ail fencing along the northerly site boundary shall be repaired or replaced as necessary to provide solid fencing in good repair. be A six foot high masonry wall shall be installed along the common property line between the multiple family and single family portions of the site. Co The masonry wall along the commercial site shall be installed at the time of development on the commercial site in a location and of a design to be determined when the Final Development Plan for the site is considered· 5C de A masonry wall shall be installed along the Camino Ramon frontage at lots 19 through 24 extending to the rear building setback on lot 24. e· Individual lot fencing shall be wood, six feet in height and subject to review and approval by the Chief of Planning. fe The design of any masonry walls shall be submitted for review and approval by the Design Review Board. Joint driveway access shall be provided along the east property line from Fostoria Way for access to the Podva property. The access to the Podva property shall occur generally at the location of the front driveway of the multiple family site parallel to Fostoria Way. Construction of this driveway shall be the responsibility of this developer except as otherwise agreed to by the Chief of Planning and the city Engineer. A swimming pool or other comparable recreation facility shall be provided within the multiple family site subject to the review and approval by the Chief of Planning. 10. C.C. & R.'s for the multiple family site shall prohibit parking in front of the garages of the individual units. Landscaping A final landscaping plan shall be submitted for review and approval by the Design Review Board prior to the recordation of a final map for the project. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons in size. A minimum of two street trees shall be planted per unit, at the time of completion of the units. Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover. e Landscape maintenance of the common area of the multiple family site shall be the responsibility of a mandatory homeowner's association. 6C Landscaping within the single family portion of the project shall be maintained by a mandatory homeowner's association or other maintenance instrument acceptable to the Chief of Planning and the City Engineer. Inclusion in the Town's landscape maintenance district shall be considered. D. Architecture Ail ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structure. No mechanical equipment shall be mounted on the roof of any single or multiple family structure. Multiple family structures shall be constructed substantially in accord with the 7 sheet set of plans titled Fostoria Way prepared by Dahlin Group and dated May 20, 1987 except as may be modified by the conditions contained herein. Single family structures shall include 3 models subject to but not limited to the following criteria: ae Each model shall have a minimum of three architectural elevations. bm 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. 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. Ail air conditioners/condensers on residential shall be ground mounted and screened from public view. fo Approved spark arrestors shall be installed on each chimney used for fireplaces and appliances in which solid or liquid fuel may be used. go Single story houses shall be in%ersper~ed appropriately to provide variety in the streetscape. 7C Eo 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 for the single family site or a building permit for the multiple family site. Prior to the issuance of building permits, samples of final colors and materials selected for all single and multiple family structures shall be submitted to the for review and approval. Substitutions for approved colors shall be submitted for review and approval by the Chief of Planning. Ail development and construction on the site shall be consistent with Danville's Residential Development Guidelines. Streets The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right of way or easement. Ail street signing shall be installed by the developer as required by the City. This shall include, but is not necessarily limited to "Stop," "No Parking," "Not a Through Street," and street name signs. Traffic signs and parking restriction signs shall be approved by the Police Department. 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 clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Handicapped ramps shall be provided and located as required by the City Engineer. This development including the multiple family site shall be provided with a safe and effective circulation system for bicycles and pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and Chief of Planning, shall be separated from vehicular traffic wherever possible, and shall include trail linkages to adjacent projects. Any damage to street improvements now existing or done during construction on or adjacent to the subject 8C 10. 11. 12. 13. 14. 15. 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 Ramon shall be installed as a right angle intersection at all angle points. The Tentative Map shall be modified at the northerly corner of Lot 24 to reflect the right angle modification. The right angle intersection of Camino Ramon at Lot 68 westerly side shall be installed as a standard knuckle-type intersection. Camino Ramon along the westerly subdivision boundary shall be installed as a 40' curb-to-curb street within a 60' right-of-way. Camino Ramon easterly of the westerly boundary shall be constructed within a 51' right-of-way as follows: a. 36' curb face to curb face of paving; be 10' of landscaping along the south side of the street; c. 5' sidewalk along the north side of the street. Crow Canyon Place shall be installed as a 40' curb-to-curb street within a 60' right-of-way. The three residential cul-de-sacs off Camino Ramon shall be 36' wide curb-to-curb streets within 46' right-of-ways. Ail commercial lots shall be denied vehicular access to Camino Ramon. Ail public streets shall be improved to current Town standards including curb and gutter, sidewalk, street paving and street lighting. Fostoria Way from Camino Ramon to Hilscher Way shall be improved as a single phase as follows at the time of development on the commercial site abutting Fostoria Way-. Dedication of necessary right of way to provide 43 f~t north of %he exis%ing cente~line, ~x~ept that this width may be reduced upon mutual agreement of the City of San Ramon and the Town of Danville; 9C Fe 16. 17. b. Construction of two westbound travel lanes; Ce de 10' of frontage landscaping to include sidewalks; and Construction of the north half of a raised median including landscaping except that this improvement may be deferred upon mutual agreement by the Town of Danville and the City of Danville subject to posting at appropriate surety as required by the Town. Fostoria Way from Camino Ramon to the easterly site boundary shall be improved at the time of development on the multiple family site as a 40 foot street within a 60 foot right of way. The developer of the multiple family site shall be responsible for dedication of right of way to achieve 30' north of the existing centerline, and improvement to centerline of the road. Ail necessary transition areas shall be constructed by the developer where new improvements abut unimproved portions of the road. Infrastructure · Se Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. Drainage facilities 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 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 ~oil~ engineer and approved By the City Engineer. 10C 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. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to at least double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 11. The developer shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. 12. Ail utilities required to serve the development shall be installed underground. 13. Improvement plans submitted as part of the Final Map submitted shall provide for drainage of all areas of the site to their respective natural watershed areas except as may be mutually agreed to by the Flood Control District and the City Engineer. Off site drainage improvements and easements shall be provided as necessary to convey the water to a point of discharge acceptable to the city Engineer. G. Miscellaneous: In accordance with Section 92-2.006 of the City Ordinance Code, this project shall conform to the provisions of the city subdivision ordinance (Title 9). Any exception therefrom must be specifically listed in the conditional approval statement, attached to the Tentative Map. Improvement plans prepared by a registered civil Engineer will be required for all street and drainage improvements. The subdivider shall submit a letter to the Town consenting to the inclusion of this subdivision in the Town Street Lighting Assessment District 1983-1. The tentative subdivision proposal for the commercial site is not approved except for lot 72 (the hotel site). Subdivision of the commercial site may occur subject to approval of specific development plans for the site. llC Se e The proposed subdivision of the multiple family site to create 164 condominiums may occur, except that the site shall be subdivided in accord with the revised site plan for the multiple family site cited in conditions A.1 and D.2 above. Prior to recordation of a final map, the applicant shall prepare a study addressing the need for day care facilities generated by this project. The applicant shall make provisions within the subdivision to address this demand through setting aside a suitable site for the development of day care facilities, designing project recreational facilities to accommodate joint usage with day care, payment of a per unit fee to be 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 Town shall 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. Approved by the Danville ~ning Co~ssion on May Ch~f~f Planning / 28, 1987 D te I"