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HomeMy WebLinkAbout90-63RESOLUTION NO. 90-63 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE THE GENERAL PLAN AMENDMENT AND THE PRELIMINARY AND FINAL DEVELOPMENT PLAN - REZONING THE PROPERTY FROM P-l; PLANNED UNIT DEVELOPMENT DISTRICT AND UNCLASSIFIED TO A P-l; PLANNED UNIT DEVELOPMENT DISTRICT AND APPROVE THE CONCURRENT SUBDMSION MAP CREATING 26 SINGLE FAMILY LOTS WHEREAS, Summerhill Development Co. has requested approval of a General Plan Amendment and a Preliminary and Final Development Plan - Rezoning request to establish a 26 unit Planned Unit Development on a 5.58 acre site; and WHEREAS, the subject site is located at the north side of Fostoria way directly adjacent and to the west of the abandoned Southern Pacific right-of-way and is identified as Assessor's Parcel Numbers 218-090-011, 012 & 218-283-030; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Preliminary and Final Development Plan prior to establishment of a new Planned Unit Development;~ and WHERF~S, the Planning Commission did review the project at a noticed public hearing on December 11, 1990; and WHERF~S, 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 WHEREAS, based on the Findings and mitigation measures adopted for the previously certified EIR prepared for the Fostoria Way Study Area General Plan Amendment, a Negative Declaration of Environmental Significance has been prepared for this project indicating that no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; and WHEREAS, the Planning Commission finds that the amendment of the General Plan for portions of this project is in the public interest: NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town of Danville recommends the grant of a Negative Declaration of Environmental Significance and approval of thc G~n~ral Plan Am~clm~n~ and rrcttmtnary and rmal Dcarclopmcnt Flan - Rczoning PAGE 1 OF RESOLUTION 90-63 Tentative Subdivision Map request per the conditions contained herein, and makes the following Findings in support of the General Plan Amendment: o 0 0 The General Plan Amendment is consistent with the Goals and Policies of the General Plan. The General Plan Amendment will not adversely effect the preservation of present aesthetics and other community qualities. The General Plan Amendment will not adversely effect the Town's ability to maintain high- quality public facilities and services. The General Plan Amendment will not adversely effect the quality of life within existing developed areas of the community. The General Plan Amendment will not adversely effect the harmony between Danville's development and it's physical setting. NOW, THEREFORE, BE IT FURTHER RESOLVED THAT the Planning Commission of the Town of Danville makes the following Findings in support of the Development Plan and Tentative Subdivision Map requests: 1. The proposed rezoning is in conformance with the General Plan Goals and Policies. o The uses authorized under this rezoning action will be compatible with the uses existing and proposed in the adjacent zoning districts. 3. Residential use is a demonstrated community need. o ° o The Planned Unit Development will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the surrounding existing neighborhood and the ulOanate development planned for the subject area. The design of the proposed subdivision is in substantial conformance with the applicable zoning regulations. The design of the subdivision and the type of associated improvements will not likely cause serious public health problems because water and sanitary facilities services will be available to the twenty-six new parcels. The density of the subdivision is physically suitable for the proposed density of development. The design of the proposed subdivision and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their habitat since this property is in an area where residential development has previously occurred. Thc d¢oign of thc proposed ~ubdivision and proposed improvements will not conflict with PAGE 2 OF RESOLUTION 90-63 10. easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. 11. Because of the acquisition of a Fifty foot strip of additional property, changed circumstances from those at the time of the General Plan Amendment exist allowing for the development of this site. The previously certified EIR prepared for the Fostoria Way Study Area General Plan Amendment fully discussed potential impacts associated with development of the site, satisfying the requirements of the California Environmental Quality Act, based on the following specific findings: no The Town Council adopted resolution 20-86 adopting Findings and mitigation measures for the General Plan Amendment, fully addressing development of the site. These mitigation measures are incorporated herein by this reference; and b. Use of the prior "Program EIR" is appropriate based on the following: O) (2) that feasible mitigation measures and alternatives developed in the EIR for the Fostoria Way Study Area General Plan Amendment have been incorporated; (3) that subsequent changes in the project, including the General Plan Amendment associated with this project, do not require important revisions of the prior EIR; (4) that there have not been substantial changes with respect to the circumstances under which the project is undertaken which require important revisions of the prior EIR; and no new information of substantial importance to the project has become available which would require an additional EIR. CONDITIONS OF APPROVAL A. GENERAL This approval is for 5.53 acre Planned Unit Development consisting of a maximum of 26 single family units and a tot-lot. The site is identified as Assessor's Parcel Map Number 218-090-011,012 & 218-283-030 and subdivision 7623. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; no Tentative Subdivision Parcel Map Subdivision 7623 - The Trails, prepared by Stedman and Associates, Inc., dated received by the Planning Division on November 29, 1990. b. Conceptual Landscape Plan prepared by Thomas E. Baak & Associates, PAGE 3 OF RESOLUTION 90-63 o dated received by the Planning Division on November 26, 1990. Co Architectural Plans labeled "The Trails", prepared by Dahlin Group, dated received by the Planning Division on November 26, 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 schedule in effect at the time the relevant permits are secured. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park land In Lieu, Iron Horse Trail, 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 October 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 equipment and grading materials, and warming up of grading equipment, shall be limited to weekdays (mondays thru 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. Any building construction activity, delivery of building supplies, or use of knewmatic tools, shall be limited to weekdays (mondays thru fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the Chief Building Official. 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 4 OF RESOLUTION 90-63 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. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-my. The location of any pad mounted transformers shall be subject to approval by the Planning Division 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. Lots created by this subdivision shall be developed in a manner substantially consistent with the lot sizes and dimensions shown on the Tentative Map referenced in condition 1.a. above, with the following minimums: a. Frontyard - 18' to back of curb. b. Secondary frontyard setbacks - 15' Interior sideyard - 5'. The minimum sideyard building separation shall be 10 feet. d. Sideyard setback to westerly property line - 10 feet. Rearyards - 20 feet. The bay window pop-outs proposed on unit 2 may encroach 30 inches into the rearyard setback. Deviation from these standards shall be subject to administrative review and approval by the Chief of Planning. Access and paved connections to the Iron Horse Trail shall be provided within Parcel B (across from the tot-lot), across from the Camino Ramon entry as mentioned in Condition G-Il below, between lots 12 and 15, and between lots 20 and 23. The developer shall reserve an area for a children's play area (tot lot). The developer shall defer installation of the play area until 50% of the units have been constructed and sold. At that time, the developer shall submit information on the number of units which have been purchased by families with children. Staff shall clirect the izpplicant to in~tall thc pl~ty ar¢~ ff an iapproprin~ proportion of PAGE 5 OF RESOLUTION 90-63 residents are determined to be families with young children. If the play area is not installed, the area shall be developed as a flat grass area for general active recreation use, and shall remain as common open space. The tot lot or open space shall include at least two benches and a water fountain. Improvements within the play area shall be installed prior to occupancy of the last unit in the subdivision. The developer and the Town Staff shall jointly pursue the necessary approvals from Contra Costa County to allow off-site landscaping on the adjoining section of the County-owned Iron Horse Trail right-of-way. This landscaping would be installed in lieu of the planned four foot on-site landscaping strip along the eastern edge of the main project road. If County authorization is obtained for the expanded landscape treatment, the initial Final Map for this project shall indicate design modifications to the project layout to move the main project roadway to the project's eastern boundary and to transfer the displaced four foot strip proposed for landscaping to the western side of the main project roadway. If County authorization is obtained for the expanded landscape treatment, a revised Project Landscape Plan shall be submitted for review and approval which details the landscaping to be provided by the development within the Iron Horse Trail right-of-way along the length of the project. If obtained, the additional four feet shall be added to the projects easterly street-side sideyard setbacks to allow additional parking bay cut-outs along the west side of the street. LANDSCAPING Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division prior to issuance of the Final Map. 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. o 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. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. Any diseased Walnut trees to be removed along the westerly property line shall be replaced with minimum 15 gallon specimen type trees. Additional landscaping shall be provided at the westerly end of the internal drives serving the units, between the parking spaces and the existing residential area to the west. The intent is to mitigate the visual impacts of the parking spaces and to minimize light intrusion from headlights into the units. Dense evergreen type PAGE 6 OF RESOLUTION 90-63 D0 E0 (a minimum of four where there are no existing trees) and dense low shrubbery shall be utilized. Project fencing shall be provided along the west and north boarders of the project, between the site and the existing neighborhood. The fence-line shall be modified as necessary, to the satisfaction of the Planning Division prior to approval of Final Landscape Plans, to avoid impacting the existing Walnut Trees growing along these property lines. The comers of proposed project fencing shall be clipped at a 45 degree angles (8-12 foot sections) at key visual points such as at the Camino Ramon Place entrance into the project (rear of lots 6 & 9) and at the intersection with the main project road (rear of lots 7 & 8), and the front corners of lots 3 & 4. 0 A small rail-type fence meeting the minimum requirements of the East Bay Regional Parks District shall be constructed along the eastern boarder of the project. The intent of the fence shall be to prevent vehicle access onto the Iron Horse Trail. The developer shall supply street trees within the project at a ratio of two trees per lot. All trees shall be a minimum of 15 gallon box size and shall be properly staked. Tree species and proposed locations shall be shown on the final landscape plan. Trees shall be planted prior to occupancy of any of the units. 10. The developer shall provide clusterings of street-trees within each lot along the easterly street sideyards. The trees shall be reflected on the final landscape plans and shall be installed prior to occupancy of the units. 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 structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. ° The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. Samples of final colors and materials selected shall be approved by the Town's Design Review Board prior to issuance of building permits. If code requirements allow, the units chimneys shall be reduced in height to look more in proportion with the units. PARKING Sufficient areas shall be provided beyond the ends of the parking spaces at the end or me private drives to accommodate thc overhang of automoDtlc~. PAGE 7 OF RESOLUTION 90-63 The parking bays along the west side of the main interior road shall be increased in size to accommodate two parking spaces. The location and design of the common parking stalls to be located within each of the private drives shall be subject to additional study and refinement. The design goal of this additional effort shall be to allow users of these spaces to exit the respective private drive(s) with a minimum of difficulty. An acceptable solution shall be presented to the satisfaction of the Planning Division prior to approval of Final Improvement Plans. The applicant shall supply additional analysis of the westerly two units within each of the private drives. Said analysis shall be made to document the existence of sufficient turning radii for cars to efficiently exit the driveways. If determined necessary by the Planning Division, the location of the buildings and/or driveway design shall be slightly modified to allow for efficient vehicular movements, prior to approval of Final Improvement Plans. o One of the two front units (easterly) within each of the groups of four shall provide a three-car driveway apron. GRADING Prior to any site development, a final grading plan shall be submitted for review and approval by the Town's Engineering Division, and a grading permit shall be obtained. 0 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 softs report and the construction grading plans prepared for this project. The softs report shall contain specific recommendations for foundation design of the building. The engineering recommendations outlined in the project specific softs report shall be incorporated into the design of this project. o Where softs or geologic conditions encountered in grading operations are different from that anticipated in the soft report, a revised softs 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. PAGE 8 OF RESOLUTION 90-63 G. 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. o 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. 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. o 10. 11. 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, except that a sidewalk running north-south along the projects main road will not be required. 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. This subdivision shall be responsible for the extension of the public street improvements along the northwest side of the Fostoria Way frontage. The improvements shall follow the existing alignment and shall include sidewalk, curb and gutter, street paving and drainage facilities. A transition will be required northerly to match to match existing improvements. These improvements shall be installed from the existing improvements at the southeast corner of the site, to the connection with the Iron Horse Trail crossing. The improvements required for the Fostoria Way frontage will require dedication of an appropriate street and utility easement. The minimum acceptable width is 30' from the centerline. Information shown on the Tentative Map is not sufficient to indicate whether or not additional dedication is required, and may not be able to be determined until a final survey and map is prepared. The interior streets are to private streets, maintained by a homeowners association. The improvements indicated and the widths proposed are acceptable. The internal drives which serve the units shall utilize a roll-curb design. The extension of Camino Ramon rlac¢ shah be improved with a minimum 5' PAGE 9 OF RESOLUTION 90-63 Ho sidewalk through the subdivision and across connecting to the Iron Horse Trail. The sidewalk and a walk across the road to the County owned right-of-way shall be dedicated as a public access easement. 12. The Iron Horse Trail, abutting this subdivision, shall be improved with a 10' wide paved surface (approximately 1,655'). 13. Textured paving shall be utilized to create a crosswalk from the end of Camino Ramon Place to the Iron Horse Trail property. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. 0 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. 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. 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. o Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. o Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. o If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at lease double the depth of the storm drain. 10. 11o The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 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, t¢lcphon¢~ and Gable TV o~rvic~ shall be provided under,round in accordance PAGE 10 OF RESOLUTION 90-63 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. Abandoned septic tanks and wells shall be destroyed per Health Services Department requirements. 15. The mm-around bulb at the entrance from Camino Ramon Place shall be increased to be 70 feet in diameter. 16. The entrance to the project private road at Fostoria Way shall be increased to be a minimum of 30 feet in width. 17. 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: no 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, 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. 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 PAGE 11 OF RESOLUTION 90-63 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&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 the Final Parcel Map. 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 there are adequate provisions for the maintenance of all common owned or maintained property and landscaping, including but not limited to the tot-lot/open space area (Parcel B), project fencing, entry landscaping (Parcels A & C), all private roads and parking stalls (Parcel E), and Parcel D. Prior to approval of improvement plans for the site, the developer shall document that a diligent effort has been made to reach an agreement with the property owner near the south end of the site (owner of APN: 218-111-080) to clean-up the debris from this site to the satisfaction of the Planning Division. If an agreement is reached, clean-up shall occur concurrently with grading of the site. 0 All vehicular traffic associated with construction of this site shall access the site from Fostoria Way. No construction related traffic shall access from Camino Ramon Place. PASSED, APPROVED AND ADOPTED THIS 11 day of December, 1990 by the following vote: AYES: NOES: ABSTENTION: ABSENT: Frost, Hirsch, Hughes, Hunt, Vilhauer Wright, Hendricks Chairman pdczll PAGE 12 OF RESOLUTION 90-63