HomeMy WebLinkAboutSD 7035EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
Danville Knolls SD 7035, PUD 86-1
Final Development Plan and Tentative Map
675 La Gonda Way
FINDINGS
The Town of Danville. hereby finds as follows in support of the
P-1 Zoning and 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 of a harmonious, integrated plan justifies
exceptions from the normal application of this Town Code
through the P-1 Ordinance by preserving natural features of
the site;
The previously certified EIR prepared for the E1 Cerro
General Plan Amendment combined with the archaeological
report prepared for the site by David Chavez and Associates
and the Negative Declaration prepared for application PUD
86-1 fully discuss the potential impacts associated with
development of the Danville Knolls development satisfying
the requirements of 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 voidable 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;
Se
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;
e
The previously certified EIR prepared for the Rezoning
and Preliminary Development Plan for the Danville
Knolls development 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 Grading Permit. Each item is subject to review
and approval by the Planning Department unless otherwise
specified.
A. General
The development shall be substantially as shown on the
drawings labeled Danville Knolls Tentative Map,
as prepared by DeBolt civil Engineering dated 11/17/87
and revised 2/16/88, Danville Knolls Preliminary
Landscape Plan prepared by Samson Associates dated
1/29/88 and Danville Knolls Elevations prepared by
Dahlin Group stamped received 2/88, and labeled Exhibit
"D" on file with the Planning Department, except as
modified by the following conditions of approval.
The developer shall pay any and all City 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 city's
Transportation Improvement Program (TIP) fee and the
drainage acreage fee as established by the Contra Costa
County Flood Control 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, the Town Planning Department
notified, and a professional archeologist certified by
the society of California Archeology and/or the society
Qf PrQfe~ional Archeology shall Be no~ifled. ~i~e
So
10.
work in this area shall not occur until the
archeologist has had an opportunity to evaluate the
significance of the find suggest appropriate mitigation
measures, if they are deemed necessary.
The developer shall comply with all requirements of the
San Ramon Valley Fire Protection District and the San
Ramon Valley Unified School District.
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. The project developer
shall provide security fencing around the construction
site during construction of the project.
A demolition permit shall be required for removal of
all existing structures.
A current Title Report and copies of the recorded deeds
to all parties having an interest in the property and,
if necessary, copies of deeds for adjoining properties
and easements, thereto, shall be submitted at the time
of submission of the Final Subdivision Map to the City
Engineer.
Copies of the Final Map and Improvement plans,
indicating all lots, streets and drainage facilities
within the subdivision shall be submitted at 1" = 100'
scale and at 1" = 300' scale for Town mapping purposes.
The Town of Danville shall become a third party
beneficiary in the Subdivision CC & R's with regard to
applicable conditions of approval, contained within this
approval.
The CC & R's shall incorporate all relevant conditions
of approval attached to this project and will be
subject to approval by the City attorney.
B. Site Planninq
The total number of lots established by this
subdivision shall not exceed 50, with a recreation area
located adjacent to Lot 23. A revised lotting plan
shall be prepared by the developer and shall be
submitted for review and approval by the Chief of
Planning· To develop the maximum number of lots
provided for by this condition, the developer must
satisfactorily demon,=rate how thc lot ¢ount can be
e
Se
achieved while complying with the remaining project
conditions of approval. The lot count shall otherwise
be reduced as determined necessary by the Chief of
Planning to comply with project conditions.
A public access easement shall be offered for
dedication along San Ramon Creek as a part of a
continuous trail system (as referenced in the General
Plan) after grading of the site is complete and prior
to occupancy of any units. This includes an easement
wide enough to plan a public access trail along the
eastern bank of the creek and along a portion of the
intermittent creek as it traverses the project site.
The precise location of this easement shall be
determined after grading of the site is complete.
The width and location of the easement along the
intermittent creek shall be determined by the Parks and
LeisUre Services Department. The intent is to reserve
an adequate amount of space to provide for a future
creek crossing across the intermittent creek.
The developer shall provide for a continuous public
access trail easement of adequate width along the
western boundary of the site (abutting Lots 16-22). In
some cases the trail may need to be at the top of bank
in other areas it may be located along a lower shelf of
the creek.
Ail lots shall provide for a minimum sideyard
separation of 20 feet between units, with front and
rear yard setbacks of 20 feet. (front setbacks as
measured perpendicularly from the street at the
driveway for each respective lot).
Ail lots shall have a minimum lot size of 6000 square
feet. The re-design of the project shall comply with a
minimum lot width of 60 feet, except where it can be
demonstrated that it is infeasible; however an approved
architectural plan which meets all sideyard setbacks
shall still be required for each lot which does not
meet this standard. Flexibility to provide reductions
in the required setbacks shall only be considered when
necessary in order to preserve existing trees on the
site. Lots along the southern boundary of the site
which shall observe an 80 foot minimum width.
Lots adjacent to the southern property line (Lots 7-16)
of the site shall be developed to R-10 standards,
including setbacks, except that all units shall
incorporate a minimum 40 foot rearyard ~¢tba~k adja~en%
4
e
10.
11.
to the southern property line. Lot 16 shall
incorporate a minimum 30 foot sideyard setback along
the southern property line.
The rear lot lines of the lots adjacent to San Ramon
Creek (Lots 16-22) shall be moved easterly to generally
align with the existing 10 foot sanitary sewer
easement. This will require the deletion of one lot
along the southern boundary of the site and possibly
one lot within the internal loop. In redesigning the
lot configurations, efforts shall be made to preserve
the existing 18", 24" & 28" oak trees located on the
easterly side of Lot 15 where the 10" storm drain and
concrete headwall are proposed to be located. Extended
flag lots shall also be avoided.
Lots adjacent to the prominent knoll on the site (Lots
39-52) may reduce front yard setbacks to less than 20
feet but shall not be less than 15 feet. Roll up
garage doors and automatic garage door openers shall be
provided with these units. Lots 49-52 shall have R-20
side yard setbacks. Structures on Lot 48 shall be
setback 15' from the north property line.
Each lot shall provide for two off-street parking
spaces. Guest parking in parallel bays shall be
provided at a ratio of one space per unit. The parking
bays shall be 23' in length unless it can be documented
that the parking bays are functional at a shorter
length when considered in conjunction with the location
of the respective driveways. The final design and
location of the parking bays Shall be reviewed by the
Planning Department at Final Map stage.
A minimum 40 foot landscaped setback shall be provided
along La Gonda Way, between La Gonda Way and the rear
property line of Lots 1-7, except where demonstrated to
the Planning Department it is infeasible.
Ail lighting 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 and shall be
screened from view of La Gonda Way.
12.
A fencing plan for the entire project shall be
submitted for review and approval by the Planning
Department prior to issuance of a building permit. A
masonry wall or wood and masonry pilaster fence shall
be provided along the rear property lines of Lots 1-7,
and along the north side of the~entry drive and the
east side yard of Lot 25.
13.
Ail units with creekside or midden frontage in rear
yard areas shall incorporate open fencing, welded wire
mesh or a similar design to preserve creek views.
14.
The common open space area abutting the sidewalk on the
northerly side of the entry road, shall be widened to
at least 15 feet. The design of the proposed retaining
wall located on the north side of the entry shall be
reviewed and approved by the Planning Department prior
to issuance of a building permit.
15.
The main entrance road shall be redesigned to preserve
the existing 28" and 18" oak trees adjacent to Lot 1
and the 24" tree located on Lot 1. The sidewalk could
be located between the trees and Lot 1 instead of
adjacent to the street, if necessary. The building
site on Lot 25 should be redesigned in an effort to
preserve additional trees on the site.
16.
Upon final study, structural setbacks in accordance
with Flood Control standards shall be shown on the
Final Map. The top of bank shall also be shown on the
Final Map.
17.
Sight-distance setbacks for corner lots shall be shown
on the Final Map. The precise signt-distance setback
alignment shall be subject to Planning Department
review and approval.
C. Cultural Resource Protection
The developer shall complete Option 1 (capped open
space) contained in the archaeology report prepared for
the site by David Chavez dated December, 1986 to the
satisfaction of the Planning Department and affected
state agencies. The developer shall provide the
following list of improvements prior to issuance of a
building permit for any structure:
1)
Hydroseed the midden area with an upgraded seed
mix including wildflowers.
2)
Provide trails within the midden area with fill
tappering on the outside of the trail.
3)
Provide benches and two picnic areas within the
midden area.
4)
Provide an all weather surface parking area for
four vehicles.
5)
Provide monies for an off site display board
(pursuant to the Dillingham Study) with a total
cost not to exceed $10,000.
6)
Provide open fencing adjacent to the recreation
area and the lots adjacent to it, to permit
homeowners pedestrian access to the midden site
while restricting vehicular access through use of
a gate.
2)
The developer shall secure the midden site to the
satisfaction of the Parks and Leisure Services
Department prior to occupancy of Phase 1. The Town of
Danville reserves the right to restrict homeowner
access to the midden site if uncontrolled vandalism
becomes a problem.
3)
A public access easement shall be provided to the
midden area and the creeks from La Gonda Way and shall
be described on the Final Map. This access shall also
serve as the access to the drop structure for Flood
Control purposes.
The banks of the creek shall be landscaped and retained
where necessary in order to prevent erosion of the
banks and to preclude general public access to the
midden area.
Se
Ail excavation of the midden area is prohibited unless
written approval is obtained from the Town of Danville.
The midden area shall be retained in.public ownership
by the Town of Danville.
The Town of Danville shall be the permitting agency
which will control access to the midden site. The Town
of Danville shall be charged with the responsibility of
determining which bonafide interest groups or
individuals are allowed access to the midden site.
C. Landscapinq & Fencing
A final landscaping plan shall be submitted for review
and approval by the Planning Department prior to the
issuance of a building permit.
7
Ail existing trees on the site shall be preserved to
the extent practicable. Removal of existing trees
shall be allowed only upon receipt of written approval
of the Planning Department as indicated on final plans.
Ail plant material in Parcel A shall be served by an
automatic underground irrigation systems, except for
the orchard knoll located at the northeast corner of
the site, and maintained in a healthy growing
condition.
_Ail new 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 is size.
Se
Street trees shall be provided at an average ratio of
two per lot with three per lot on all corner lots.
e
Ail landscaped areas located in Parcel A, not covered
by shrubs and trees, shall be planted with live ground
cover.
Ail common areas shall be maintained by a homeowner's
association.
The developer shall trim, spray, fertilize and provide
a drip irrigation system to the orchard on the Knoll in
the first phase of development. The CC & R's shall
incorporate a provision for long term maintenance and
discing of the orchard knoll at least once a year.
The Town of Danville shall determine prior to final
occupancy of Phase III whether a majority of the trees
in the orchard on the knoll adjacent to La Gonda Way
are healthy and the orchard is considered to be viable.
If deemed necessary by the Planning Director, the
developer of Phase III shall be responsible for the
design and installation of new, or supplemental
landcaping for the knoll area.
10.
A protective 6' cyclone fence or alternative fencing
acceptable to the Planning Department shall be
installed around all significant trees to be preserved
prior to grading the site.
11.
The developer shall participate in a. tree adoption
program if adopted by the Town of Danville. This new
program will entail relocating smaller trees (that are
proposed to be eliminated) to another location in
Town. The developer will not be responsible for the
cost of the relocation.
8
~ E. Architecture
The street numbers of the buildings shall be posted so
as to be easily seen from the street at all times, day
and night.
Prior to the issuance of a building permit, samples of
final colors and materials selected shall be submitted
to the Planning Department for review and approval.
Structural setbacks from the creek shall conform with
Contra Costa County Flood Control standards.
Ail construction shall be built in accordance with the
mitigation measures outlined in the acoustical analysis
report prepared for the project and dated May 20, 1986.
Se
No structure shall exceed 28 feet in height above grade
(measured perpendicular from finish grade at the
footprint of the individual structures).
Two identical floor plans or elevations shall not be
located next to or directly across the street from one
another. Single story units shall be placed on all
corner lots.
If signing for the development is desired, a sign
permit shall be submitted to the Town for consideration
under a separate application.
Paned windows and accent trim acceptable to the
Planning Department shall be included on all corner lot
elevations visible to the street and along LaGonda Way.
F. Gradinq
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 Chief Building Official and employed
at all times as conditions warrant.
Ail grading shall substantially conform to the Final
Development Plan. No grading other than for building
pads and streets shall occur for Lots 39-52.
A grading plan shall be submitted with the Final Map.
Erosion control and revegetation plans shall accompany
the grading permit.
9
Ge
The midden shall be "capped" with an appropriate amount
of fill consistent with the archaeological study for
the site and as approved by the appropriate State
agencies.
A creek bank stabilization plan based on a soils report
shall be reviewed and approved by the County Flood
Control District and the Town Parks and Leisure
Services Department, Maintenance Department, and
Building Department prior to issuance of a grading
permit.
7. The soils engineer shall sign the final grading plan.
Grading and land preparation shall be restricted to the
period of April 15 to October 15 to minimize erosion
and deposition of sediments in Sycamore Creek. All
exposed erosive slopes resulting from grading
activities should be hydromulched or otherwise
stabilized by project developers each year by October
15.
Where soil or geologic conditions encountered in
grading operations are different from that anticipated
in the soil and geologic investigation report, or where
such conditions warrant changes to the recommendations
contained in the original soil investigation, a revised
soils or geologic report shall be submitted for
approval by the Building Department. It shall be
accompanied by an engineering and geological opinion as
to the safety of the site from hazards of land
slippage, erosion settlement, and seismic activity.
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 Town prior to occupancy of any
unit. 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
Engineering Department.
The developer shall keep adjoining public streets free
and clean of project dirt, mud, materials and debris
during the cons~ruc%ion period, a= is found heCate&fy
by the City Engineer·
10
Handicapped ramps Shall be provided and located as
required by the City Engineer.
0
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.
e
Ail streets within the subdivision shall be private and
maintained by a Homeowners Association.
The east/west street between lots 7 & 17 shall be
widened to 32' plus a 5' public utility easement by
deleting the parking bays along the both sides of the
street. Parking will be permitted along both sides of
the street. The remainder of the streets shall have a
minimum of 24 feet of paving Plus a 5 foot public
utility easement with no on-street parking permitted,
except as provided for in parallel bays.
Improve La Gonda Way to a 40 foot wide (curb to curb)
street to Town standards with paving, curb and gutter,
street lights and meandering walkway along the entire
frontage. Sidewalks along La Gonda Way shall include
lampblack in the concrete, the color and tint shall be
subject to Planning Department approval. The Final Map
shall be dimensioned to show the entire La Gonda Way
right-of-way.
Ail temporary stub streets shall be provided with a
temporary turn around until the next adjacent phase of
development is constructed.
10.
Abutter's rights shall be relinquished along La Gonda
Way except for the main entrance road.
11.
The T-turnaround located in the vicinity of lots 46-48
shall meet Fire District standards. The design of the
accompanying retaining wall shall incorporate terracing
and landscaping and shall be installed by the developer
prior to occupancy of Phase II.
12.
The meandering public sidewalk along La Gonda Way shall
lie within a public access easement when it falls
outside the public street right of way.
13.
In accordance with Section 92-2.006 of the Town
Ordinance Code, this project shall conform to the
provision of the Town Subdivision Ordinance (Title 9).
11
Any exceptions therefrom must be specifically listed in
the Conditional Approval Statement, attached to the
Tentative Map.
14.
Convey to the Town, by offer of dedication, all
necessary right-of-way on La Gonda Way.
15.
Abutter's Rights shall be relinquished along La Gonda
Way except for the main entrance road.
16.
The developer shall complete a study to determine
whether a four way stop is necessary at the entrance to
the subdivision. If upon analysis by the city
Engineer, a 4-way stop is warranted, the developer
shall install the necessary signage and striping.
Infrastructure
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 Town and shown on the Final Map.
Specifically, the existing drainage pattern along the
south boundary of the site shall be maintained and
provided for in a method acceptable to the Building and
Engineering Departments.
Roof and impervious area drainage shall be collected
and conveyed to the street gutter through the curb or
to the storm drainage system.
Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways.
from public streets shall be installed within a
dedicated drainage easement, or public street.
12
If a storm drain must cross a lot, or be in an easement
between lots, the easement shall be equal to or at
lease double the depth of the storm drain.
10.
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.
11. Ail utilities required to serve the development shall
be installed underground.
12.
Flood Control District responsibility for maintenance
of San Ramon Creek shall be limited to maintenance of
the drop structure, clearing of debris and sediments as
necessary to maintain capacity and preventing future
erosion from exceeding the limits of the flood plain.
The Flood Control District shall have the right of
access over any private street within the project and
access to the drop structure.
13.
A drainage study for the site shall be prepared and
submitted for review and approval by the City Engineer
prior to issuance of grading permits or recordation of
a Final Map.
14.
The developer shall mitigate the impact of additional
stormwater runoff from this development on the San
Ramon Creek watershed by either of the following
methods:
Removing 1 cubic yard of channel excavation
material from the inadequate portion of San Ramon
Creek near Chaney Road for each 50 square feet of
new impervious surface area created by the
development. All excavated material shall be
disposed of offsite by the developer at his cost.
The site selection, land rights, and construction
staking will be determined by the Flood Control
District.
OR, AT THE OPTION OF THE DEVELOPER,
be
Contribute to the County Deficiency Development
Fee Trust (Fund No. 812100-0800) a drainage fee of
$0.10 per square foot of new impervious surface
area created by the development. Within 12 months
of receipt of the contribution, the Flood Control
District will use the monies to implement the
subject improvements. The a~ impcrwiou~
13
15.
16.
17.
18.
19.
20.
21.
22.
23.
surface area created by the development will be
based on the Flood Control District's standard
impervious surface area ordinance.
The existing 18 foot Flood Control Easement along the
south boundary of the site shall be relocated on-site
to another location acceptable to the Flood Control
District.
The highest point of drainage for Lots 1-38 & 49-52
shall generally be to the rear of the lot or as
approved by the Building Department.
The developer shall install a lateral storm drain with
service lines to Lots 39-48 or provide an alternate
drainage method acceptable to the Building Department
that would control creek bank erosion and preserve
existing trees along the intermittent creek.
The dissipation area located at the rear of Lots 24 and
39 along the intermittent creek shall be pulled back
approximately 25' in order to drain Lots 25 and 39 and
to preserve the existing trees at the rear of lot 24.
Lot 25 may require installation of a sub-drainage
system acceptable to the Building Department.
The developer shall remove the existing 15" corrugated
metal pipe on Lots 18 and 19 in Phase I of the
development.
The location, grading and design of the Flood Control
access road to the creek, located north of the
homeowner's common area, is subject to approval by the
Flood Control District. One 12" tree is proposed to be
removed. Removal of additional trees will be allowed
only upon approval by the Planning Department as
indicated on final plans.
Public Utility Easements shall be shown on the Final
Map for all fire hydrant locations.
The design of the proposed storm drain pipe outfall
location at the rear of lot 19 is not acceptable to the
Flood Control District and shall be revised to minimize
erosion of the creek bank.
Provisions shall be made to protect subdivision
improvements from hillside runoff via interceptor
ditches, grade terraces, or similar facilities within
the development.
24. The Covenants, Conditions and Restrictions of the mandatory
Homeowner's Association shall specifY that the Homeowner's
Association will maintain private drainage systems, lot
grading and subdrain systems.
25.
The storm drain system located along LaGonda'Way north
of the entry shall be relocated in order to preserve
the 36" Oak tree proposed to be removed.
Approved by the Town of Danville
Planning Comml~sion on April 25, 1988
Kevin G rlncipal Planner
pcnp9
Date
15