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HomeMy WebLinkAbout90-02RESOLUTION NO. 90-2 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF A PRELIMINARY DEVELOPMENT PLAN REQUEST FOR PUD 89-12 WHEREAS, Estate Equity Management Inc. has requested approval of a Preliminary Development Plan for a Planned Unit Development (PUD 89-12) to establish a 39 unit custom home single family development on a 16.29 acre site; and WHEREAS, the subject site is located on the east side of Old Blackhawk Road, lying approximately one-half mile north of the intersection of Camino Tassajara and Old Blackhawk Road (APN: 203- 161-003/004,203-171-009/009/011/013); and WHEREAS, The Town of Danville's P-l; Planned Unit Development District Ordinance requires approval of a Preliminary Development Plan to establish a Planned Unit Development District; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on January 9, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report Planning Commission recommend Council; and was submitted recommending that approval of the request to Town WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville recommends that Town Council adopt the Mitigated Negative Declaration of Environmental Significance and approve the Preliminary Development Plan for Planned Unit Development PUD 89- 12 per the conditions contained herein, and makes the following findings in support of this action: The proposed Planned Unit Development is consistent with the Danville 2005 General Plan and the Old Blackhawk Road Specific 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; Page 1 of Resolution No. 90-2 The development will mitigate off-site traffic and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be in effect with prior approval of a final development plan and tentative map for the project. Each item is subject to review and approval by the Planning Department unless otherwise specified. A. GENERAL This approval is for a 16.29 acre single family residential Planned Unit Development consisting of a maximum of 39 lots. The subject site is identified as Assessor Parcel Numbers 203-161-003/004, 203-171- 008/009/011/013. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Preliminary Development Plan for PUD 89-12, prepared by Westfall Engineers and dated December 20, 1989. Architectural drawings labeled Lots 8, 12, 19 and 40, prepared by J.R. Metzger, Architect. 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 permits are secured. The developer shall pay the Sycamore Valley Fee Benefit District and Child Care fees. Prior to the issuance of grading or building permits, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of November 8, 1989. 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 Page 2 of Resolution No. 90-2 Co to outline appropriate mitigation measures, if they are deemed necessary. e Construction and grading operations, delivery of construction materials, and warming up of grading and construction equipment 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. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. The developer shall supply written documentation to the Town which indicates that San Ramon Valley Unified School District has received payment of school district fees before issuance of each building permit. SITE PLANNING 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. Open Space areas shall be dedicated to and maintained by the Homeowners Association for the subject project. Minimum building setbacks shall be 25 feet for front yard areas, 25 feet total in side yard areas with a minimum of 10 feet on one side, and a minimum building separation of 25 feet, and 25 feet for rear-yard areas, not including slopes. On corner lots, the street side-yard shall be a minimum of 20 feet in width. Lot 33 shall be clipped at a 45 degree angle, 30 feet north from the southeast corner of the parcel to create a better transition from the trail corridor to the open space area. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"=20' scale) shall be reviewed concurrently with the Final Development Plan. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five Page 3 of Resolution No. 90-2 Do year period of time. 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 is size. Ail landscaped areas not covered by shrubs and trees shall be planted with live, drought resistent ground cover. Ail existing trees on the site shall be preserved to the largest extent practical. Removal will be allowed only upon prior written approval from the Planning Department. Staff shall assemble a list of trees that are to be removed and the feasibility of saving and/or relocating the trees. Ail Open Space areas, including entry landscaping, collector street landscaping, and the trail system shall be developed and landscaped prior to issuance of the occupancy permit for the first dwelling. Street trees shall be planted for each lot before issuance of occupancy permits and shall be consistent with the master landscape plan dated received by Danville Planning Department on October 9, 1989. Ail slope areas shall be hydroseeded with a drought tolerant erosion control mixture. ARCHITECTURE No roof mounted mechanical equipment of any kind shall be permitted. All mechanical equipment shall be ground mounted and shall be completely shielded from view whether from adjacent properties or public rights-of-way. No ground mounted equipment shall be installed in front yards. The street number of the residences shall be posted so as to be easily seen from the street at all times, day and night. The final subdivision entry sign design shall be reviewed and approved by staff prior to installation. This Droject is to be developed with custom homes and the development of individual lots shall be controlled by Page 4 of Resolution No. 90-2 architectural and landscaping guidelines. The final guidelines shall be developed by the developer and shall be subject to review and approval of the Town's Design Review Board (DRB). The design guidelines shall be reviewed and approved with the Final Development Permit. The guidelines shall also establish the process for review of the individual lot designs by the Town and master developer. The intent is to avoid the need for DRB review of each home design. The agreed upon review process shall require review and approval of architectural, landscaping, fencing, and lighting plans. Lots 26 and 27 shall be developed with split level homes to minimize grading. The maximum building height shall be 28 feet measured from average grade unless otherwise permitted by the Design Review Board. On corner lots, the street side yard elevation shall not have two story wall planes. The second story shall be setback from the first floor wall line a minimum of five feet. GRADING 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. Development shall be completed in compliance with a detailed soils report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of residences. The engineering recommendations outlined in the project soils report shall be incorporated into the design of this project. Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soils report, a revised soils report shall be submitted for review and approval by the Town Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. When and if warranted by the City Engineer, this Page 5 of Resolution No. 90-2 subdivision shall be responsible for a third party review of the soils report. The third party shall be selected by the City Engineer and paid for by the subdivider. F. 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. Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Department. 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 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 shall be separated from vehicular traffic wherever possible. Any damage to street improvements existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer as full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 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 developer shall supply to the city Engineer an up-to-date Title Report for the subject property. Ail subdivision streets shall be constructed to the adopted Danville road standards and shall be dedicated to the town of Danville. Page 6 of Resolution No. 90-2 o The paving and right-of-way sections developed for the project's Old Blackhawk Road frontage shall be consistent with sections contained within the Old Blackhawk Road Specific Plan. 10. The developer shall submit a list of proposed street names and a draft addressing scheme for review and approval of the Planning Department. 11. Plans for street lighting and signage and entry signage as required by the Sycamore Valley Specific Plan and the Old Blackhawk Road Specific Plan shall be submitted in conjunction with Project Landscape and Irrigation Working Drawings submitted to assure compatibility with building materials, colors and placement. 12. The subject development shall contribute toward the planned future signalization at the intersection of Old Blackhawk Road and Camino Tassajara. The exact level of contribution shall be as determined by the City Engineer. 13. The portion of this project with frontage on Old Blackhawk Road shall be improved as follows: Se The roadway shall be improved within the existing right-of-way as required by the City Engineer. The improvements may involve reconstruction or overlay of the existing street. Improvements referenced in section a above, shall be equivalent to the cost of improving a one-half width street section including paving, curb, gutter and sidewalk over Old Blackhawk Road, along the frontage of this subdivision. 14. The collector road connecting Old Blackhawk Road to Blackhawk Road shall be improved as a 30 foot curb to curb street within an 70 foot right-of-way, per the Old Blackhawk Road Specific Plan. The collector shall be aligned so that it centers on the existing sewer manhole cover located on Old Blackhawk Road. The collector road connecting to Old Blackhawk Road shall align with the street approved with the tentative map for Subdivision 7335 (Signature Properties). 15. The proposed emergency access shall be redesigned as a local street with a 36 foot curb to curb street width within a 55 foot right-of-way. It shall align with the local street within the approved tentative map for Subdivision 7299. These revisions will require modifications to Lots 18-25. Design revisions may result in the elimination of the proposed cul-de-sac connecting Page 7 of Resolution No. 90-2 to the proposed EVA. Ail design revisions are subject to the review and approval of the city Engineer and Chief of Planning. The developer will be responsible to coordinate the transition between the local streets with the developer of Subdivision 7299. 16. Evidence shall be provided documenting the authority to create the proposed intersection at Blackhawk Road. The jurisdiction for this intersection lies with Contra Costa County, and any conditions they may have related to this intersection shall be complied with. 17. The proposed drainage system on this tentative map requires acquisition of right-of-way from property not under the control of this subdivider. Evidence of acquisition shall be provided prior to the filing of a final map. 18. The drainage systems at the rear of Lots 18 through 24 which collect only the private lots drainage shall be maintained by the private properties. The Town will be responsible only for that portion of the drainage system which collects public street drainage. 19. The minimum size public drainage pipe shall be 18 inches, not the 15 inches shown on the proposed preliminary development plan. G. 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 (CCCSD) in accordance with the requirements of the District (see CCCSD's 11/9/89 letter). 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 Page 8 of Resolution No. 90-2 swales, other ~pproved dissipating devices, or into a pipe. 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 located within an easement between lots, the easement shall be equal to or 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. Electrical, gas, telephone, and Cable TV services, shall be provided underground 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. Ail utilities required to serve the development shall be installed underground. 13. Ail public improvement plans shall be prepared by a licensed civil engineer. 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 Page 9 of Resolution No. 90-2 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 added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 15. The developer shall conform to all regulations of the Contra Costa County Health Services Department Environmental Health Division. Abandoned septic tanks and wells shall be destroyed per Health Services Department requirements. 16. The effects of storm water runoff draining to Sycamore Creek shall be evaluated by Contra Costa County Flood Control & Water Conservation District. An additional drainage study and mitigation measures may be required. The developer shall be responsible for any drainage mitigation required by the County. H. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. Conditions of this approval may require the developer to install public improvements on land neither the developer, not the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. Covenants, Conditions and Restrictions (CC&Rs), Articles of Incorporation and By-laws shall be prepared for the project. The Town shall be made a third party beneficiary as to the sections of the CC&Rs which address any applicable conditions included in the project Conditions of Approval and the following areas of concern: A. Provision for maintenance of the open space areas. An open space maintenance plan for these areas shall Page 10 of Resolution No. 90-2 o be prepared in conjunction with the project CC&Rs. Requirement that the architectural and landscaping plans for each lot obtain approval of the master developer and/or Town of Danville as determined by the design guidelines referenced in Condition D.4. Membership in the Homeowners Association is mandatory for all lot owners in the subdivision. CC&Rs shall include the Town as beneficiary of the agreement. The Town shall be granted the right, but not the duty of enforcing any provisions contained in the CC&Rs. Additions to the CC&Rs by the homeowner's association consistent with the original CC&Rs may be made at the discretion of the homeowner's association. Any changes pertaining to conditions of approval imposed on the project shall be submitted to the Town for review and approval of the Town Attorney. Storage of vehicles within the required front and side yard areas, shall be prohibited. Storage or parking of recreation vehicles on the individual lots in excess of eight hours shall be prohibited. Prior to recordation of the final map, the draft CC&Rs shall be submitted for review and approval by the City Attorney to assure that all applicable Conditions of Approval have been met to his satisfaction. The developer of the project shall provide deed notification to all purchasers that an Open Space/Trail System which shall be available for use by all future residents of the Old Blackhawk Road Specific Plan area, will be established in the project. The CC&Rs developed for the project shall also provide notification to future residents of this situation. If the developer intends to construct the project in phases, then the first submittal for building permits 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 to be installed for undeveloped portions of the site, and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Page 11 of Resolution No. 90-2 PASSED, APPROVED AND ADOPTED THIS Ninth day of January, 1990 by the following vote: AYES: Hendricks, Hirsch, Hughes, Hunt, Vilhauer, Wright, Frost NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: Chairman City Attorney pdpz2 Page 12 of Resolution No. 90-2