HomeMy WebLinkAbout90-55RESOLUTION NO. 90-55
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF PRELIMINARY
DEVELOPMENT PLAN REQUEST PUD 90-4; SHERBURNE OAKS
WHE~, Parsons Rourke and Walker, representing an aggregation of seven
property owners and Sherburne Hills Properties have requested approval of a Preliminary
Development Plan for a Planned Unit Development (PUD 90-4) to establish a 41 lot
custom home single family development on 41.15 acres; and
WHE~, the site is located on the south side of Camino Tassajara at the
intersection of Tassajara Lane (APN: 207-061-014, 015, 019, 020, 021, & 024 and 207-071-
004); and
WHE~, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan to establish a Planned Unit Development
District; and
WHERF.~, the Planning Commission did review the project at a noticed public
hearing on October 23, 1990 and November 13, 1990; and
WHE~, the proper notice of this request was given in all respects as required
by law; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance was
prepared for this project which provides mitigation of all identified potentially significant
environmental impacts associated with the project; and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend approval of the request to Town Council; and
WHE~, 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 90-4 per the conditions contained herein, and makes the following
findings in support of this action:
o
The proposed Planned Unit development is consistent with the Danville 2005
General Plan and the Sycamore Valley Specific Plan;
The residential development will constitute a residential environment of sustained
PAGE 1 OF RESOLUTION NO. 90-55
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.
Project conditions will serve to mitigate potential significant environmental impacts
identified in the Mitigated Negative Declaration of Environmental Significance
prepared for this project.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be complied with prior to Final
Development Plan and Tentative Map approval 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 preliminary development plan for a 37 lot single
family residential development identified as "Sherburne Oaks" and a
preliminary development plan for a two lot non-contiguous development
identified as "The Nauman Parcel". Development shall be subject to further
detailed review by way of submittal and processing of a Final Development
Plan(s) and accompanying Tentative Map(s). The two non-contiguous areas
may file separate Final Development Plan and accompanying Tentative Maps.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
ao
"Preliminary Development Plan - Sherburne Oaks" revised July 30,
1990 prepared by Parsons, Rourke and Walker, dated received
September 12, 1990.
bo
"Preliminary Architectural Drawings" consisting of a one story and a
two story home design prepared by La Perle Architects Inc., as
approved by the Design Review Board on August 15, 1990.
C°
"Preliminary Landscape - Sherburne Oaks" prepared by Parsons,
Rourke and Walker and dated received September 12, 1990.
d0
"Architectural Guidelines rifled "Sherburne Oaks Estates", as approved
by the Design Review Board on August 15, 1990.
eo
"Preliminary Development Plan - Nauman Property" dated September
12, 1990 prepared by Parsons, Rourke and Walker, and dated
received by the Planning Deparisilent on September 12, 1990.
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
PAGE 2 OF RESOLUTION NO. 90-55
schedule in effect at the time the relevant permits are secured. Notice
should be taken specifically of Sycamore Valley Benefit District fee, Child
Care fees and 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 (refer to District comments dated August 13, 1990)
and the San Ramon Valley Unified School District have been or will be, met
to the satisfaction of these respective agencies.
e
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.
o
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 part or all of the site during construction
of the project.
o
All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a Construction-
Phases Occupancy Plan approved by the Planning Department. No structure
shall be occupied until the adjoining area is finished, safe, accessible,
provided with all reasonably expected services and amenities, and
appropriately separated from remaining additional construction activity.
o
The Final Development Plan submittal for this project shall be accompanied
by a draft road maintenance agreement which is subject to review and
approval by the City Attorney. The road maintenance agreement shall
address the private bridge and private roadway south of the bridge. The
subject development (Sherburne Hills) is required to construct the bridge
but will not be required to contribute to maintenance of the bridge, as it
will not be utilized for primary access to the site. The developer shall be
responsible for drafting and recording the document prior to recordation
of a Final Map. The Nauman parcel will be responsible for entering into a
road maintenance agreement to maintain the Tassajara Lane bridge and
PAGE 3 OF RESOLUTION NO. 90-55
roadway south of the Sycamore Creek.
SITE PLANNING
All 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.
The individual air conditioning condensers serving each unit in this project
shall be ground mounted, shall be located behind residential fencing and
shall be situated so as to maintain a minimum 5 feet clear and level passage
on side yards.
Lot sizes shall be substantially consistent with those shown on the
Preliminary Development Plan referenced in Condition #A.l.a., except as
may be modified in the following conditions.
o
The lotting pattern shall be substantially as shown on the Preliminary
Development Plan project drawings cited in Condition A.l.a. Lots 1 through
26 shall maintain a minimum lot size of 10,575 square feet, a minimum
average width of 80 feet and a minimum depth of 100 feet. Lots 27
through 37 shall be substantially as shown on the project drawings
referenced in Condition A.l.a. and shall maintain a minimum lot size of
20,700 square feet. The Final Development Plan and Tentative Map
submittal shall reflect a revised lotting plan with a maximum of 11 lots in
Area B. The roadway cul-de-sac shall be reduced in length, maintaining a
lower elevation of the hillside.
Minimum building setbacks for Lots 2-25 shall be 25 feet for primary front
yards, 25 total feet in side yard areas (with a minimum side yard of ten feet
and minimum building-to-building separation of 25 feet), and 25 feet for
rear yard areas. Lots I and 26 shall observe a 20 foot primary front yard
setback. On corner lots, the minimum secondary front yard setback area
shall be 20 feet. Side loaded garages shall maintain a minimum 20 foot
front yard setback. Lot 32 shall maintain a minimum sideyard setback of 10
feet and total sideyard of 25 feet.
Minimum building setbacks for Lots 27 through 39 shall be the same as
referenced above for Lots 2 - 25, with the exception of Lots 32, 33, and 35.
Lots 32 and 33 shall maintain a minimum front yard, rear yard and total
sideyard setback of thirty feet (with a minimum side yard of 15 feet and
building-to-building separation of 30 fee0. Lot 35 shall comply with the
land use and minimum dimensional.standards of the R-40; Single Family
Residential District, with the exception of a thirty foot primary front yard
PAGE 4 OF RESOLUTION NO. 90-55
setback.
The Final Development Plan and accompanying Tentative Map shall reflect
a design change to decrease the depth of Lots 16-18 by five feet (east
boundary) to provide an additional five feet of project landscaping (i.e.,
outside project wall) on the west side of Tassajara Lane.
0
Each dwelling unit shall have a minimum of two vehicle parking spaces
located in a garage and two additional on site spaces (each 9' x 19' in
minimum size) contained within a driveway. All garage doors shall be
articulated and operated by an automatic garage door opener.
e
Fences shall not exceed a height of six feet. Any fence, hedge or wall located
within the required minimum primary or secondary front yard areas shall
not exceed 42 inches in height.
10.
A fencing plan shall be submitted with the Final Development Plan
application showing all project fences. The fencing plan shall include
location and several typical details that may be utilized within the project.
The fencing detail may be modified on a case by case basis, subject to
review and approval by the Planning Division, to allow variation from the
standard detail when the fence is proposed as an architectural feature of the
residence. All parcels abutting the Sycamore Creek (Parcel A and B) shall
utilize a single fencing design. Maintenance of that section of fence shall
become the responsibility of the homeowner's association.
11.
A Scenic Easement shall be established on Lots 30 through 37. The lot
numbers may change due to the revised lotting plan in Area B, but generally
the Scenic Easement shall be imposed on all upslope lots. The purpose of
the easement is to restrict the installation of urban landscaping, fencing and
structures within the upper slopes of the lots. All fences within the scenic
easement shall be wire mesh . The precise locations of the scenic
easements will be determined with the Final Development Plan and
Tentative Map approval.
12.
The Final Development Plan and Tentative Map submittal shall reflect a
design change to decrease the length at the northerly end of the proposed
median on Tassajara Lane.
C. 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.
If signing for the development is desired, details of said signage shall be
submitted to the City for consideration with the Final Development Plan
PAGE 5 OF RESOLUTION NO. 90-55
o
°
application for this project.
Buildings backing up to Camino Tassajara (Lots 6 and 15) shall utilize
variable rear yard setbacks from the Camino Tassajara right-of-way.
All rear elevations and elevations visible from the street shall have
articulated architectural features. All long, fiat exterior wall planes are
prohibited on rear yard elevations.
This development is subject to the site development and architectural
guidelines rifled "Sherburne Oaks Estates", as approved by the Town Design
Review Board on August 15, 1990. The following modifications shall be
incorporated into the proposed guidelines:
In section Front Elevations, the following shall be added: "Front
elevation accent materials shall wrap around the corners of the
homes extending to an appropriate architectural feature".
The intent of these guidelines is to establish standards of high quality
architecture to be used in the design of buildings, structures and
surrounding environment. The developers are encouraged to use
innovative techniques to make the project area a significant statement of
design.
Phase I (Lots 1 - 26) development is subject to the site development and
architectural guidelines rifled "Sherburn Oaks Estates" as referenced
previouslin in this condition. Development of the lots in Phase II (Lots 27 -
37) are subject to Design Review Board approval unless waived by Planning
Commission on a Staff recommendation based on the performance of
development in Phase I. Lot 35 is an exception to this condition and is
subject to Design Review Board Approval through the Development Plan
application process for a lot in an identified Scenic Hillside Area. This lot
is not subject to a waiver of this requirement.
If production housing is utilized, the architecture will be subject to review
and approval by the Design Review Board and shall be subject to the
following requirements:
bo
Substantial architectural variation shall occur through the number of
floor plans developed and by providing multiple elevations for each
floor plan. Elevations shall show variations through changes in
materials, roof lines, colors and window treatment.
Building exterior colors shall be subdued with compatible colors
used for trims and accent areas.
PAGE 6 OF RESOLUTION NO. 90-55
10.
Co
Architectural style shall establish a consistent theme. The western
contemporary style used in the Sycamore Valley is encouraged.
do
Exterior walls shall be designed with features such as offsets,
reveals, recessed or projecting windows and other architectural
features. Recesses for courtyards or gardens are encouraged. Long
expanses of blank walls are discouraged.
With the exception of Lot 35, no building or structure shall exceed two
stories or 28 feet in height, measured from average finished grade to the
ridge beam. However, uninhabitable minor architectural features such as
dormers, towers and chimneys may be constructed as high as thirty five feet,
measured from average grade. No major rooflines shall exceed twenty eight
feet measured from average grade.
Building elevations shall be tapered or stepped so that no two story
elevations occur at the minimum primary front yard setback. This
requirement is intended to reduce the visual mass of the structure, further
enhance separation between buildings, and create a more open and
comfortable streetscape setting. Rear elevations which abut, or are oriented
towards streets shall receive special design treatment to soften visual
appearance.
(Mitigation Measure) Lot 35 is located with a Town-identified Scenic Hillside
Area. Development of the lot is subject to a Development Plan application
and Design Review Board approval. The general pad height and location
shall be consistent with the project drawing referenced in COndition A. 1.a.
The maximum height of the residence shall not exceed twenty-four feet
above average finished grade and shall be a true single story in design. A
landscape berm shall be developed with the overall grading and landscape
design to reduce visual impacts of the structure as viewed from off-site
areas. The height of the berm is unspecified and shall be reviewed by the
Design Review Board. An alternate design involving only plant material may
be considered if it is determined by the Design Review Board to adequately
mitigate off-site visual impacts.
Parcel A (Nauman property - 207-071-004) as shown on the project
drawings cited in condition A.l.e. is located within a Town-identified Major
Ridgeline Area. Development of this lot shall be subject to a Development
Plan application involving Design Review Board and Planning Commission
approval. The pad for this lot is preexisting and development shall be
consistent with the project drawings referenced in Condition A.l.e. The
proposed residence shall be a true single story design and the maximum
height shall not exceed twenty-four feet above average finished grade. A
landscape berm may be considered and required to mitigate off-site visual
impacts.
PAGE 7 OF RESOLUTION NO. 90-55
D. OPEN SPACE AND RECREATION
0
o
o
The natural character of Sycamore Creek shall be preserved and enhanced
for its habitat value and as a recreation and visual amenity.
The developer has funded a Flood Study and the results of the study have
not been determined. The developer shall comply with the
recommendations and improvements required to the satisfaction of the City
Engineer and the Contra Costa County Flood Control District. This study
shall be completed and the proposed improvements shall be approved by
the Town of Danville and the Contra Costa County Flood Control District
prior to submittal of a Final Development Plan and Subdivision Map
submittal on the 39 lot portion of the Preliminary Development Plan.
Where drainage improvements are necessary along Sycamore Creek, they
shall be designed to enhance the natural appearance of the creek. If rip-
rapping is required, it shall utilize large, ungrouted rocks that permit
ingrowth of grasses and other vegetation. Landscaping shall be installed
along the banks of Sycamore Creek to enhance the appearance of this
topographical feature.
Sycamore Valley Creek improvements, structure setbacks and right-of-way
dedications and access provisions shall conform to recommendations of the
Contra Costa County Flood Control District and any deviations therefrom
authorized by the City Engineer. Prior to approval of a Tentative Map,
specific written conditions from the Flood Control District shall be obtained.
(Mitigation Measure) The developer shall submit a detailed revegetation plan
for the impacted area along the bank. Special emphasis shall be placed on
the area when realignment of the creek is proposed, to deliver a product
that will be visually similar to the natural riparian habitat.
The exact location of a creek trail system along Sycamore Creek is currently
under study by Town staff. A creek trail system shall be developed on the
north side of the creek as a part of this project. Because the Public Trails
Easement exists on the south side of the creek in the Brookview Subdivision
to the west, the applicant shall dedicate and develop a trail on the south side
of the creek west of the proposed bridge at "A" Court with development of
Phase II. The following design criteria is to be incorporated into the project
design on the Tentative Map submittal. The trail shall be contained within
a 20 foot width easement, diminishing to 15 feet in some areas, at the rear
of Lots 37-39 and the sideyard of Lot 35 to the westerly property boundary.
The trail shall be a minimum eight feet in width (the width may be reduced
to six foot, if determined necessary by the Town due to topographic and/or
soils constraints), shall be a paved trail and shall utilize a one foot gravel
shoulder on the upslope side and a two foot gravel shoulder on the
downslope side. The maximum grade shall not exceed 5% with a maximum
2% cross slope. Retaining walls and railings shall be supplied when side
slopes exceed 2.5:1, or as determined during plan review for safety. Final
PAGE 8 OF RESOLUTION NO. 90-55
plans shall be reviewed and approved by the Parks Depactinent prior to
construction. If the trail link to the west is in place, or it's installation is
financially assured, this development shall grade and construct the trail;
otherwise, the obligation of this development is limited to grading a bench
and installing retaining walls, if necessary to accommodate the future
installation of the trail.
The final trail design and location shall be determined prior to, or in
conjunction with, the Planning Commission's review of the Final
Development Plan and Tentative Map. If the subject developer, with the
assistance of the Town Staff, is successful in acquiring rights to develop a
portion of the trail off-site to the west, the width of the easement on the
subject site may be reduced. If the Town acquires the private Brookview
trail on the north side to link with the subject project trail, the easement on
the south side may be abandoned in favor of an easement on the north side
(extending from the west side of the proposed bridge at "A" Court to the
western project boundary.
An equestrian trail to provide future north/south connections to East Bay
Regional Park Open Space lands located within the Sycamore Valley shall be
developed and installed as part of this project. The equestrian trail shall be
located on the east side of Tassajara Lane and shall extend from Camino
Tassajara to the proposed future creekside trail along Sycamore Creek.
The final design and location of the equestrian trail shall be determined
prior to, or in conjunction with, the Planning Commission's review of the
Final Development Plan and Tentative Map.
o
The developer is responsible for installation and maintenance of the trail
system and all related design amenities as set forth hereunder. The
developer shall notify the Town of the date of completion of construction
of the trail system and related design amenities. Within six months of such
date of completion, the Town shall, if the construction conforms to its
specifications, accept the trail system and related design amenities as
constructed. The developer shall remain responsible for the maintenance
of the system and related design amenities for one year from the date of
completion of consti'uction. After such one year maintenance period has
expired, the Town of Danville (or other public agency) will accept
maintenance responsibility for this portion of the creek trails system.
o
At the time of recordation of a Parcel Map on the Nauman parcel, APN
#207-071-004, the developer/owner shall dedicate an easement to provide
a link of a ridgeline trail system to the East bay Regional Parks District
(EBRPD). The easement shall be located as generally depicted on the
project drawings referenced in Condition A.l.e. The alignment of the
southern section of the easement shall be modified, pulling it's intersection
with the east property line of the Nauman property approximately 75 feet
to the south to have the easement align with the intersection point of the
Elworthy/Hook (APN #218-010-008 through 012), Wright (APN #217-010-
PAGE 9 OF RESOLUTION NO. 90-55
019) and Nauman properties (at the southeasternmost corner of the
Nauman property). The southern 150 feet of the easement shall be
widened to a width of 100 feet. Acceptance of the trail easement by EBRPD
shall not occur until adequate fire protection measures for this section of
the trail area are assured to the satisfaction of the Town of Danville.
Disturbed slope areas along the creek (disturbed for lot or road
development or for creek improvements) shall receive an upgraded
hydroseeding with heavy planting of native vegetation and trees.
Ho
LANDSCAPING
The Final Development Plan and Subdivision Map submittal for this project
shall include Landscape and Irrigation Plans (with planting shown at 1"= 20'
scale for detailed areas, over all plans shall be at 1"= 40" scale) ) for review
and approval by the Planning Department. 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.
0
The landscape plans shall include details and specifications of the
architectural soundwall to be installed along the Camino Tassajara frontage.
The soundwall shall be a private facility, with maintenance responsibility
lying with the private homeowner's association. Installation of the
soundwall and landscaping along the Camino Tassajara and Tassajara Lane
frontage shall be completed prior to occupancy of any units along those
frontages.
The Final Development Plan shall identify through a separate parcel, the
area at the project entrance along Tassajara Lane that is to be maintained by
the Town Lighting and Landscape Maintenance District. All landscaping
within this parcel shall be designed and constructed to the Town's
standards.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
All street trees shall be a minimum size of 24 inch box and shall be located
every 40 feet of linear frontage. The species of trees utilized shall be
subject to review and approval by the Planning Division. When trees are
contained in groupings of three or more, one 15 gallon size may be
incorporated into that grouping.
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.
7. The developer shall be responsible for the installation of a water meter to
PAGE 10 OF RESOLUTION NO. 90-55
o
10.
serve the landscape are along Camino Tassajara and the entry landscape (to
be identified as a separate parcel on the Final Development Plan and
Tentative Map) which will be included with the Town Landscape and
Lighting Maintenance District.
The Final Development Plan and Tentative Map shall include detailed
landscape drawings for the sidewalk/pedestrian path connecting the project
to Sycamore Creek along the Tassajara Lane frontage and the equestrian
trail on the east side of Tassajara Lane. The equestrian trail shall connect
to the Townwide Trail at the Sycamore Creek.
(Mitigation Measure) The Final Development Plan and Subdivision Map
submitted for this project shall be accompanied by a tree
survey/preservation plan. All existing trees on the site shall be preserved
to the largest extent practical. Removal of any trees shall be cited in a Tree
Survey to be filed with the Final Development Plan. A certified arborist shall
review and approve the grading plan prior to issuance of grading permits.
Removal of any trees within the creek area will be allowed only upon prior
written approval from the Planning Department. Special additional efforts
shall be taken to retain additional trees. Small, selective, significant trees
identified in the arborist's report shall be saved and transplanted within the
project.
(Mitigation Measure) The Final Development Plan submitted for this project
shall include a revegetation plan for the creek area.
11.
Landscaping along Camino Tassajara shall conform to the Camino Tassajara
Streetscape Standards, which require provision of a architectural sound wall
and a six foot wide meandering concrete paved pathway subject to review
and approval of the City Engineer.
12.
The landscape area on the west side of Tassajara Lane shall be increased a
minimum of 5' to create a 15' landscape setback (including walkway). The
use of signs, graphics, special paving, lighting and street furniture at the
access point is encouraged and can be considered during review of the
Final Development Plan submittal.
13.
The Landscape Plan submitted with the Final Development Plan submittal
shall include additional clustering of trees at the rear of Lots 6, 7, 14, 15 &
16. The tree selection shall be compatible with the approved landscaping
adjacent to the soundwall along the Camino Tassajara parkway. The trees
shall be serviced with a drip irrigation system. Installation of the trees shall
be accomplished prior to an occupancy permit on the subject lots.
14.
The Landscape Plan submitted with the Final Development Plan submittal
shall include clustering of trees at the rear of Lots I - 5 to mitigate and
protect privacy of the adjacent Brookview townhomes. The trees shall be
PAGE 11 OF RESOLUTION NO. 90-55
irrigated with a drip irrigation system. Installation of the trees shall be
accomplished prior to issuance of an occupancy permit on the subject lots.
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 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 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.
All proposed grading shall be carried out in accordance with the "Grading
and Erosion Control Requirements" as set forth in the Sycamore Valley
Specific Plan and the Town of Danville Grading Ordinance.
o
All grading plans shall be accompanied by an erosion control and
revegetation plan.
0
The Town of Danville shall contract with a qualified "third party" consulting
firm for the purpose of conducting an independent review and appraisal of
the final soils and geotechnical report and the development plan/grading
plan to determine if the lots south of the creek are buildable as proposed.
The cost of this review shall be borne by the developer and will be based
on time and materials plus a 1% administrative fee for the Town. Upon
completion of the review, the developer and his soils engineer shall address
all comments and resubmit the complete package for final review.
Concurrent with the final review, the developer's engineer shall make any
necessary changes and resubmit the complete package for final review. In
the event that the Town Engineer concludes, from analysis of all pertinent
information, that the site or portions of the site are unsuitable for
development, the Subdivision Map and Final Development Plan shall be
referred back to the Planning Commission for reconsideration.
PAGE 12 OF RESOLUTION NO. 90-55
Grading and land preparation shall be restricted to the period of April 15
to October 15 to minimize erosion and depositing of sediments, except as
may be authorized in writing by the City Engineer. All exposed erodible
slopes resulting from grading activities shall be hydromulched or otherwise
stabilized by the developer by October 15 of each year.
Go
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.
0
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.
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.
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.
Handicapped ramps shall be provided and located as required 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.
o
Tassajara Lane, a proposed public street, shall be improved, on both sides
of the centerline, from Camino Tassajara to "A" Court as follows:
no
The improvements shall comply with the details shown on the
project drawings cited in Condition A.l.a. and shall consist of a
PAGE 13 OF RESOLUTION NO. 90-55
10.
11.
12.
13.
raised, landscape median, street paving, curb, gutter, street lights and
a sidewalk on the westerly side and an equestrian trail and
landscaping on the east side.
Tassajara Lane, from 'W' Court to the Sycamore Creek bridge shall be
improved as follows:
no
Thirty feet wide street pavement (1- 12' travel lane, 1- 10' travel lane,
and an 8' parking lane) with an equestrian trail on the south
side, a pedestrian trail on the west side, and appropriate landscaping
on both sides.
A provision for a temporary turnaround must be provided at the terminus
of "A" Court (north of proposed bridge) until Phase II of this project is
developed and the creek crossing is installed.
As a Phase II requirement to provide a secondary access for emergency
vehicles, this development shall be responsible for improving the Tassajara
Lane bridge crossing. This crossing shall provide a minimum 24 feet wide
pavement street section. The developer may file for a benefit district which
would reimburse the developer for a portion of the bridge costs, based
upon the total cost proportioned among the number of new units being
created on the southerly side of the bridge. Installation of a 4.5 foot
sidewalk shall be required if the Townwide Trails System is to be
constructed on the south side of the Sycamore Creek east of the subject
bridge (Lasata project). It the trail continues on the north bank of the
creek, the condition for the sidewalk along the bridge will be eliminated.
South of the bridge crossing to and along the frontage of this subdivision,
and through Lot 31 to "A" Court (within a 20' easement), the roadway shall
be constructed as a minimum 12' wide travel way which will provide a year
round access for emergency vehicles. Paving is required in areas where
slopes exceed 15% (the portion of EVA through Lot 31). The location and
development criteria of the EVA shall be reviewed at the Final Development
Plan and Tentative Map submittal. Elimination of two lots and relocation of
the cul-de-sac may allow the EVA to be relocated to an area of minimal off-
site visibility.
The bridge crossing of Sycamore Creek a "A" Court shall contain a
minimum 24 feet wide roadway plus an additional four to five feet to any
top of bank with guardrail on each side.
Tassajara Lane, from the Sycamore Creek crossing to and including the
frontage of APN 207-071-004, shall be improved by the owner of Parcel A
of currently designated parcel 207-071-004, as a twelve (12) foot wide paved
roadway with aplaropriate drainage facilities, prior to submittal of an
application for a building permit on any portion of Parcel A of currently
designated APN 207-071-004 as shown on the project drawings referenced
PAGE 14 OF RESOLUTION NO. 90-55
in Condition A.l.e. As a part of such owner's submittal of a Final Map and
Improvement Plan, a registered Civil Engineer's cost estimate for such road
and drainage improvements shall be prepared for review and approval by
the City Engineer. A notation shall be placed on the Final Map for such
Parcel A of currently designated 207-071-004 to advise all subsequent
purchasers of the obligations set forth in this Condition of Approval. In
addition, a "Notice of Obligation", in a form approved by the City Attorney,
shall be recorded against Parcel A for the purpose of notifying subsequent
purchases of such parcel of the existence of such obligation and engineer's
report.
H. INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
0
(Mitigation Measures) Sewer disposal service shall be provided by the
Central Contra Costa Sanitary District in accordance with the requirements
of the District, unless approval is secured to utilize a private sewage disposal
system. The project site is within the CCCSD sphere of influence, but
annexation to the district will be required.
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.
o
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.
°
Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
0
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 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 and the Department of Fish and Game.
PAGE 15 OF RESOLUTION NO. 90-55
The developer shall submit any additional reports or studies required by
CCCFCD.
11.
The developer shall furnish proof to the City Engineer of the acquisition of
all necessary fights 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.
All utilities required to serve the development shall be installed
underground.
13. All 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 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. 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,
b0
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.
15.
The developer shall notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599 of any proposed construction project that may
affect streams in accordance with Section 1601 and/or 1602 of the Fish and
Game Code. If the subdivision is subject to requirements of the Department
of Fish and Game, the developer shall submit with the Project Improvement
Plans a letter from the Deparia~ient of Fish and Game which indicates the
Department's requirements. Requirements by the Department of Fish and
Game shall be noted or shown on the construction plans.
16. Abutter's rights of access along the project's Camino Tassajara frontage,
PAGE 16 OF RESOLUTION NO. 90-55
except for the approved intersection areas, shall be relinquished to the
Town. The relinquishment shall include the right of way returns of the
intersection areas.
17.
The developer shall be responsible for the installation of street light
standards and luminaries with the design, spacing height, lighting intensity
and locations subiect to approval by the City Engineer. Low height light
standards may be utilized if deemed acceptable by the City Engineer and the
Chief of Planning.
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.
Sycamore Creek improvements, structure setbacks and right-of-way
dedications shall conform to recommendations of the Contra Costa County
Flood Control District and any deviations therefrom authorized by the City
Engineer.
Public Improvement plans shall be prepared by a Registered Civil Engineer
for all street, drainage and creek work. These plans are subject to the
approval by the City Engineer. The improvement plans for the entire
subdivision shall be required as part of the first phase.
The development shall be subject to the creation of a homeowner's
association. Covenants, Conditions and Restrictions (CC&R's, and Articles
of Incorporation and By-laws for a mandatory homeowner's association
shall be prepared for the project and are subject to review and approval by
the City Attorney prior to the recordation of a Final Map. The Town shall
be made 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, and the following areas of concern:
Provision of ongoing maintenance of private roadways, private
PAGE 17 OF RESOLUTION NO. 90-55
o
0
bridge, project soundwall and fences, private drainage systems, and
other common open space areas and facilities shall be assured.
b. Administration of the Architectural Design Guidelines.
The Town 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 homeowner's association consistent with the original CC&R's may
be made at the discretion of the homeowner's association. Any
changes pertaining to conditions of approval imposed upon the
project shall be submitted to the Town for review by the City
Attorney prior to their adoption.
Membership in the homeowner's association shall be mandatory for
all owners in the project.
Storage of vehicles within the required front yard areas shall be
prohibited.
f.
Storage or parking of recreation vehicles on the individual lots in
excess of eight hours shall be prohibited.
Provision of landscape maintenance activities that assure healthy
growing conditions for project landscaping and assure proper
operation of irrigation systems.
All improvements and landscaping within the parcel shall be incorporated
into Zone B of the Landscaping and Lighting District and shall be designed
and constructed to the Town of Danville standards and shall be subject to
review and approval by the Parks Maintenance Division.
The developer of the project shall provide deed notification to all
purchasers that a public Open Space/Trail will be established in the project.
The project CC&Rs developed for the project shall also provide notification
to future residents of this situation.
The project drawings cited in Condition /Ll.a. depict a reserve for an
exclusive sewer easement for Contra Costa County Central Sanitation
District. An additional 10 foot Public Utility Easement shall be provided so
utilities installed in "A" Court may be extended, in the future, to properties
southwest of this subdivision.
(Mitigation Measure) At the time of approval of the Final Map, the project
developer shall pay to the Town of Danville, the Sycamore Valley Benefit
District fee. Upon closure of the Fee Benefit District and all new units not
envisioned in the Sycamore Valley Specific Plan are subject to the density
increase fee as outlined in the Mitigated Negative Declaration contained in
Exhibit B of the September 25, 1990 Staff Report.
PAGE 18 OF RESOLUTION NO. 90-55
10.
11.
12.
A deed restriction shall be recorded on the Nauman parcel (207-071-004)
to relinquishing any future development rights to the Town of Danville at
the time of recordation of Final Parcel Map on the Nauman parcel. No
further subdivision shall occur on this parcel, beyond the one additional lot
created as part of this entitlement.
(Mitigation Measure) This development shall be responsible for the design,
construction and installation of a traffic signal at the intersection of Camino
Tassajara and Tassajara Lane. The traffic signal shall be functioning prior
to occupancy of any of the residential units. The developer may file for a
benefit district which would reimburse the developer for a portion of the
signal costs, based upon the total cost proportioned among the number of
new residential units being created on the southerly side of the intersection.
The Final Development Plan shall cite any existing septic tanks and wells
located on the site. All existing wells and septic tanks and leach fields
located across the property shall be removed per the requirements of the
Contra Costa County Health Services Department. Particular clarification
shall be submitted regarding the status of the existing well located on the
subject site, serving the McQueen parcel (APN: 207-061-017). Disposition
of said well shall be determined prior to Tentative Map and Final
Development Plan approval.
PASSED, APPROVED AND ADOPTED THIS 13th day of November, 1990 by the following
vote:
AYES:
NOES:
Hendricks. Hirsch, Hughes, Hunt, Vilhauer, Frost
ABSTENTION: Wright
ABSENT:
C~i~nning
APP~ AS TO FORM:
~City Attorney ppmm63
Chairman
PAGE 19 OF RESOLUTION NO. 90-55