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HomeMy WebLinkAbout90-18 RESOLUTION NO. 90-18 A RESOLUTiON OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING FINAL DEVELOPMENT PLAN DP 90-7 & VESTING TENTATIVE MAP SD 7480 FOR A 72 UNIT TOWNHOUSE DEVELOPMENT AND THE CREATION OF A TWO ACRE PARCEL FOR FUTURE DEVELOPMENT OF A CHILD CARE FACILITY WHEREAS, Signature Properties has requested approval of a Final Development Plan & Vesting Tentative Map for a 72 unit Townhouse development on a 7.8 acre site, an open space parcel, and a two acre parcel for future development as a child care facility; and WHEREAS, the subject site is located at the south east corner of Camino Tassajara and Liverpool Street, and is identified as Assessor's Parcel Numbers 206-101-017 & 206- 261-001; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 27, 1990; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHE~AS, 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 approves Final Development Plan DP 90-7 & Vesting Tentative Map SD 7480 per the conditions contained herein, and makes the following findings in support of the Development Plan & Vesting Tentative Map requests: 1. The proposed project is consistent with the Danville 2005 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 and drainage impacts through the assurance of off-site improvements in a manner acceptable to the Town; The previously certified EIR prepared for the Dougherty Road Area General Plan Amendment fully discussed potential impacts associated with development of the Tassajara Ranch Property satisfying the requirements of the California PAGE 1 OF RESOLUTION NO. 90-18 Environmental Quality Act based on the following specific findings. ao Contra Costa County adopted findings regarding the Environmental Impact Report through adoption of the Board of Supervisors Resolution 85/133 and Planning Commission Resolution 47-1984 (SR) including mitigation measures for the project. Pursuant to these mitigation measures, additional studies related to soils and geology, and traffic have been completed identifying specific mitigation. Co 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 Dougherty Road Area General Plan Amendment have been incorporated; (2) that subsequent changes in the project including relocating the proposed community park site do not 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 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 Unless otherwise specified, the following Conditions shall be complied with prior to approval of a Final 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 7.8 acre planning unit development consisting of a maximum of 72 townhouse units a recreation area, a tot-lot, and a 2+__ acre child care parcel. The site is identified as Assessors Parcel Number 206- 261-001 and lot 102 of Subdivision 6829. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Final Development Plan 8: Vesting Tentative Map prepared by DK Associates, dated received 3/8/90. Schematic Landscape Plan prepared by Isaacson, Wood & Associates PAGE 2 OF RESOLUTION NO. 90-18 Co dated received 2/12/90. Architectural Plans consisting of eleven sheets prepared by Dahlin Group, dated received 2/14/90. 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. Notice should be taken specifically of the fees for Engineering Inspection, Improvement Plan Checking, Map Check, Excavation Mitigation, Park Land In-Lieu, Tassajara Area Fee, the Town's Park Dedication Fee (to be collected upon issuance of building permits) Child Care Fee (subject the child care parcel agreement), and the drainage acreage fees as established by the Contra Costa County Flood Control District. 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 March 5, 1990. 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, 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. 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 for undeveloped portions of the site, timing of delivery of emergency vehicle access connections, 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 3 OF RESOLUTION NO. 90-18 Except as provided for within these conditions of approval, land uses and dimensional requirements for this project shall be governed by the standards of the M-12; Multiple Family Residential District Ordinance. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. Levels of illumination shall be specified as within the final landscaping plans, and are subject to review and approval in the field, by the Planning Department, prior to final approval of the landscape plans. 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. Setback and structural setbacks shall be substantially as shown on the Final Development Plan & Vesting Tentative Map cited in Condition A. 1 above, except as may be modified to accommodate by the addition of sidewalks, with the following minimums: ao Setback from curb -- 18' Building separation -- 15' Setback from Camino Tassajara right-of-way - 30' Side yard-to-rear yard building separation - 30' The location and means of screening ground-mounted air conditioning units shall be subject to review and approval by the Planning Department prior to issuance of building permits. ° Public access easements shall be established over portions of the Liverpool Street sidewalk which are not within the public right-of-way. The swimming pool shall be redesigned to provide a 40 foot minimum swimming length from north to south. To do this the entry stairs shall be moved to the east side of the pool. An interior trail system shall be provide within the central area of the development. The trail shall extend from the south side of the recreation area, along the south side of townhouse Units 68-72, and exiting onto the street at the south side of the parking stalls at the east side of the loop road. An additional trail branch shall T-off the aforementioned trail and run south between Units 64-67 and 56-60, and between Units 56-60 and 61-63, and exiting onto the street between the guest parking stalls at the southwest side of the circle road. The trail plan shall be included for PAGE 4 OF RESOLUTION NO. 90-18 review and approval by the Planning Department within the Final Landscape plans. C. LANDSCAPING Substantial landscaping shall be provided between parking spaces and townhouse buildings. The intent is to mitigate the visual impacts of the parking spaces and to minimize light intrusion from headlights into the units. Landscaping shall particularly be increased along the three parallel spaces near the project's southerly entry. Final Landscape and Irrigation Construction Plans (with planting shown at 1"=20' scale) shall be submitted for review and approval by the Planning Department prior to issuance of building permits. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All 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. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. The landscaping along the Camino Tassajara frontage as shown on the preliminary landscape plan shall be supplemented by the clustering and/or upgrading tree size (24" box size) of trees at key visual points, subject to approval by the Planning Division within the final landscape plans. D. ARCHITECTURE All 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 structures. The highest point of any roof mounted equipment shall not extend above the top of the equipment well. The street numbers of the buildings shall be posted so as to be easily seen from the street at all times, day and night. If signing for the development is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. PAGE 5 OF RESOLUTION NO. 90-18 E0 The garage door "pop-out" on Plans A and B shall extend a minimum of two feet beyond the adjoining garage doors. The lattice elements on the townhouse units shall be similar to those used on Signature's Meadow Creek proiect. Removal of the grid pattern on the windows shall require Planning Commission approval. PARKING Ail parking spaces shall be striped and fronted by concrete curbs. Sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. The resulting typical parking stall shall be 17 feet in length and shall not utilize concrete wheel stops. The three guest parking stalls located on the west side of the south entrance to the project shall be eliminated. Parking along Liverpool street, a public street, shall be utilized for guests in this portion of the development. GRADING A Grading Permit shall be secured from the Town prior to grading activities. 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 geotechnical report and the construction grading plans prepared for this project. The soils report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific 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 soil 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. 5. Ail grading plans shall be accompanied by erosion control and revegetafion PAGE 6 OF RESOLUTION NO. 90-18 plans. 0 Dust control measures, as approved by the Town Engineer shall be followed at all times during grading and construction operations. ° Grading and land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion and deposition of sediments. All exposed erosive sloped resulting from grading activities shall be hydromulched or otherwise stabilized by project developers each year by October 15. Exceptions may be granted by the City Engineer. 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. Stop signs shall be provided at intersections of Liverpool Street and the project entries. 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. 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. All 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 ° The developer shall participate in the Crow Canyon Road Extension Fee Benefit Area in accordance with City's Joint Exercise of Powers Agreement with County dated February 10, 1987 and any subsequent actions in PAGE '7 OF RESOLUTION NO. 90-18 furtherance thereof. Developer shall pay to Town the Fee Benefit Area fees prior to the approval of a final map. The developer shall pay the Fee Benefit Area fees in effect at the time of approval of a final map and said fees shall be deposited into a separate account entitled "Crow Canyon Road Extension-Area of Benefit" (Account No. 076-000.000-003.019) for transfer to County and reimbursement to Blackhawk. Pursuant to Government Code Section 53077.5, the Town of Danville has established a proposed construction schedule and separate account numbers for all improvements to be made. Conditions of this approval require the payment of a traffic mitigation fee on a per unit basis to be used for construction of certain roadway improvements within the Town of Danville, the City of San Ramon and unincorporated portions of Contra Costa County, with the specific intent of maintaining a minimum level of service at mid-range 'D' traffic conditions at all locations within Danville where traffic improvements are to be funded by the above cited traffic mitigation fees. If this level of service is exceeded at the locations described above, no further Final Maps shall be recorded until the programmed improvement is completed or financially assured. The developer may at his option accelerate payment of the traffic mitigation fees in order to provide the Town with the necessary funding to construct the improvements. 9. The interior radius of all curb returns shall be a minimum of 30 feet. 10. A commercial driveway apron shall be installed at the project entries. 11. No parking shall be allowed on the internal project streets. Red curbs and/or no parking signs shall be installed as required by the Police Department and the Fire District. 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. PAGE 8 OF RESOLUTION NO. 90-18 o o o 0 ° 10. 11. 12. 13. 14. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. The existing drainage system at the northeast corner of this development is not addressed on the proposed Tentative Map. The Final Map should be revised to show this system. 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. 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 or at lease double the depth of the storm drain. 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. All utilities required to serve the development shall be installed underground. Ail public improvement plans shall be prepared by a licensed civil engineer. 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: ao Removing i 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. Ail 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. PAGE 9 OF RESOLUTION NO. 90-18 OR, AT THE OPTION OF THE DEVELOPER, 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 added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 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, nor 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. Any septic tank, leach field, or well shall be destroyed per the requirements of the Contra Costa County Health Services Department. Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws for a mandatory homeowner's association shall be prepared by the developer for this project prior to the recordation of a condominium plan. The town shall be included as 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. The City shall be granted the right but not the duty of enforcing any provisions contained in the CC&R's. Additions to the CC&R's by the HOA consistent with the original CC&R's may be made a the discretion of the HOA. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the City for review by the City attorney. 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: PAGE 10 OF RESOLUTION NO. 90-18 o ao There is adequate provision for the maintenance, in good repair, of all commonly owned or maintained property and landscaping, including but not limited to the recreation facilities, common open space, landscape and irrigation facilities, fencing, lighting, project signing and drainage and erosion control improvements. bo 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. 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). The Association shall contract with, or be advised by (as to how to handle maintenance operations), a professional management firm. Plans for the swimming pool and spa are subject to review and approval of the Contra Costa County Health Services Department prior to construction. Based upon mitigation measures contained in the Dougherty Road General Plan Amendment Study EIR, the developer shall submit a noise study addressing noise mitigation along Camino Tassajara for review and approval by the Planning Division prior to the issuance of building permits. The developer shall comply with the recommendations contained in the noise analysis. The 2:1 slopes along the north entrance to the development shall be decreased to a maximum of 3:1. One or two low (2 foot) walls may be utilized to achieve this end, subject to approval by the Planning Department prior to issuance of a Grading Permit. The child care parcel (Parcel B) shall be limited to child care uses as specified within the Draft Child Care Agreement (Attached as Exhibit C within the Planning Commission staff report dated March 27, 1990). The Draft Agreement is subject to final review and approval by the City Attorney and the Planning Department, and must be finalized prior to approval of the Final Map. PASSED, APPROVED AND ADOPTED THIS 27th day of March, 1990 by the following vote: PAGE 11 OF RESOLUTION NO. 90-18 Hughes, Hirsch, Hendricks, Wright, Hunt, Frost AYES: NOES: ABSTENTION: ABSENT: ¥ilhauer Chairman Chie n APPROVED AS T'O~FORM: ~c/~tY Attorney pdcz2 PAGE 12 OF RESOLUTION NO. 90-18