HomeMy WebLinkAbout91-26RESOLUTION NO. 91-26
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING ADOPTION OF A NEGATIVE DECLARA~ON OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF
PRELIMINARY AND FINAL DEVELOPMENT PLAN -
REZONING REQUEST PUD 91-1 AND
VESTING MAJOR SUBDMSION SD 7579
LINCOLN PROPERTIES - APN 206-010-012
WHEREAS, Lincoln Properties has requested approval of Preliminary and Final
Development Plan - Rezoning and Vesting Major Subdivision for a 182 unit condominium
project on a 13.33 +/- acre site; aiad
WHEREAS, the subject site is located south of Center Way, east of Crow Canyon Road and
west of Tassajara Ranch Road and north of Subdivision 7132, and is identified as
Assessor's Parcel Number 206-010-012; and
WHERF~S, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary and Final Development Plan - Rezoning to establish a Planned
Unit Development District; and
WHERF~S, A draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on June 25, 1991; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend Town Council approval of the request; and
WHEREAS, the Planning Commission did hear and consider ail 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 the Town Council grant a Negative Declaration of Environmental
Significance and approve Preliminary and Final Development Plan - Rezoning request PUD
91-1 and Vesting Major Subdivision' request SD 7579, per the conditions contained herein,
and makes the following findings in support of this action:
The Town of Danville hereby finds as follows in support of the Preliminary and
Final Development Plan - Rezoning request:
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.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
o
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the locality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing will be
provided in this project: 5% of the 182 units (9 units) will be made available to
households earning 120-140% of the area's median income level ($46,800/year);
and 1096 of the housing units (18 units) will be made available to households
earning 80-120% of the area's median income level.
The Town of Danville further finds as follows in support of the Vesting Major
Subdivision request:
The proposed map is consistent with the Danville 2005 General Plan and is
consistent with the Prelimin. ary and Final Development Plan - Rezoning requests
for the project.
PAGE 2 OF RESOLUTION NO. 91-26
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The design and improvements of the proposed subdivision is consistent with the
Danville 2005 General Plan, will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife.
The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
4. The site is physically suitable for the proposed density of development.
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The proposed 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 General Plan
Amendment Study fully discussed potential impacts associated with development
of the Tassajara Ranch Property, satisfying the requirements of the California
Environmental Quality Act, based on the following specific findings;
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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), which jointly served to
establish mitigation measures for impacts associated with the development
for the project, and
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Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
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Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention of a greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would 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 or
PAGE 3 OF RESOLUTION NO. 91-26
supplemental EIR.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior
recordation of the Final Map for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
This approval is for a 182 unit condominium project located on a site
identified as Tassajara Ranch - Parcel E. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
"Tassajara Ranch, Parcel E - Technical Site Plan", dated April 9, 1991,
prepared by CYP Architecture, consisting of four sheets and marked
Exhibit D in the Planning Commission Staff Report dated July 9,
1991.
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Vesting Tentative Map 7579, prepared by Majors Engineering,
consisting of three sheets and marked Exhibit E in the Planning
Commission Staff Report dated July 9, 1991.
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Architectural plans prepared by CYP Architecture, consisting of 16
sheets and marked Exhibit F in the Planning Commission Staff Report
dated July 9, 1991.
Landscape Plan prepared by CYP Architecture, consisting of two
sheets and marked Exhibit G in the Planning Commission Staff
Report dated July 9, 1991.
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 Tassajara Ranch Assessment District (TRAD)
fees, Child Care fees, Engineering Inspection Fees, Improvement Plan check
fees, Map Checking fees and drainage acreage fees as established by the
Contra Costa County Flood Control District.
PAGE 4 OF RESOLUTION NO. 91-26
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
within their letter of May 3, 1991.
The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $1,300 unless the project is found to be De Minimus (i.e., a project
found to have no potential for an adverse effect on wildlife resources or the
habitat upon which the wildlife depends), in which case the fee shall be
$25.00.
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 Division 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.
All construction and grading operations, including delivery of materials and
warming up of machinery, 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. Any building construction
activity delivery of construction supplies, or use of pneumatic tools, 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 Chief
Building Official.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of'the project Site and to the homeowner associations of
nearby residential projects that construction work will commence. The
notice shall include a list of contract persons with name, ritle, phone
PAGE 5 OF RESOLUTION NO. 91-26
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number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and shall
consist of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
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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 Division. 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.
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Except as provided for within these conditions of approval, land use
regulations pertaining to this property shall be as provided under PUD 86-3
and SD 6878.
10.
Except as provided for in these conditions of approval, land use regulations
and development criteria for this project shall be as established in the M-17;
Multiple Family Residential District of the Town Zoning Ordinance.
SITE PLANNING
All lighting shall be iiastalled 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 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.
If possible, the project site plan shall be amended to include some or all of
the "missing" parking spaces.
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The landscape median located at both entrances to the project shall be
"pulled" back a minimum of 10 feet to provide a wider turning radius for
large vehicles entering the project.
PAGE 6 OF RESOLUTION NO. 91-26
~.~, C. LANDSCAPING
Project landscaping and irrigation working drawings (with planting shown
at 1"= 20' scale) shall be submitted for review and approval by the Planning
Division. 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. The landscape plan shall be submitted and approved
by the Town prior to Final Map approval by Town Council.
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All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
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All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not ffsed 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.
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Landscaping between the proerty line and the project wall on Center Way
and Tassajara Ranch Road shall be maintained by the project Homeowners'
Association. Such landscaping and irrigation systems shall conform to the
Town's construction standards.
A landscape easement, extending from the property line to the west side of'
the project wall on Crow Canyon Road, shall be offered in dedication to the
Town of Danville and shall be do designated on the Final Map.
The final design, materials and colors of the perimeter project walls are
subject to final review and approval of the Design Review Board and the
Planning Division. The transition between the existing project wall located
at the north end of Subdivision 7132 at Crow Canyon Boulevard and the
subject project is subject to Planning Division review and approval.
All landscaping and irrigation systems established within areas to be covered
by landscape easements benefiting the Town shall conform to the Town's
construction standards. Landscape and irrigation working drawings for
these areas are subject to review and approval of the Town's Engineering,
Planning and Maintenance Divisions prior to installation.
PAGE 7 OF RESOLUTION NO. 91-26
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11.
12.
13.
14.
15.
16.
The design, size and precise location of the pool house at the main
recreation area shall be subiect to review and approval by the Design
Review Board and the Planning Division prior to approval of the Final Map
by Town Council. A children's play area shall be installed at the main
recreation area or the passive recreation area identified as "Open Space".
The design and equipment utilized shall be subject to the review and
approval of the Planning Division and the Parks and Recreation Deparisnent.
Plant selection shall emphasize drought tolerant native species. Use of turf
shall be minimized and shall reflect the planting ratio limits developed by
EBMUD (a maximum of 25% of the landscape area shall be installed with
turf). Turf is expressly prohibited adjacent to the perimeter street frontages.
The project landscaping and irrigation working plans shall reflect the Town
of Danville's Water Conservation Guidelines in place as the time of approval
of the plans.
Landscaping and irrigation improvements installed in areas to be covered
by landscape easements benefiting the Town shall be subject to the
inspection and plan check process and fees used for improvements plans.
The developer shall supply "as-builf' landscape and irrigation plans to the
project homeowner's association upon the association's acceptance of each
portion of project common area.
The at-grade patios shall be supplied with individual hose-bibs.
A pedestrian circulation plan shall be submitted as part of the project
landscape and irrigation working plans. The plan shall include section
details of the pathway system and a detailed pedestrian walkway lighting
plan. A connection shall be extended through the Center Way landscape
frontage which aligns with the center entry driveway which will serve the
commercial property of the north.
The recreation area pool shall incorporate use of solar heaters. The
developer shall submit documentation that the number, size, location and
design at the solar collector panels will suffice to provide adequate pool
heating for a reason~ible length of time in each calendar year. Heating of
the pool may be supplemented by gas heaters.
PAGE 8 OF RESOLUTION NO. 91-26
~ D. ARCHITECTURE
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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.
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All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Enclosure design shall include six
(6) foot high masonry walls on three sides with steel framed gates and
wood bolted to the gates. Gates will be self-closing and self-latching.
The street number(s) of the building(s) shall be posted so as to be easily
seen from the street at ali times, day and night.
If signing for the development is desired (in addition to any signs approved
as part of this application) a comprehensive sign program shall be
submitted to the Town for consideration under a separate application.
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Prior to the issuance of a building permit, samples of final colors and
materials selected shall be submitted to the Planning Division for review and
approval.
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The Chief of Plannirig shall have administrative ability to approve exterior
architectural modifications necessary for accommodating affordable housing
units within the project.
Project lighting, perimeter wall designs, and freestanding garages shall be
reviewed by the Design Review Board prior to issuance of building permits.
Panel roll-up garage doors shall be utilized for the garages.
8. There shall be 1 1/2 inch reveals around all windows.
PARKING
* 1.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
PAGE 9 OF RESOLUTION NO. 91-26
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Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang.
This approval includes a variance for seven parking spaces. A total of 410
parking spaces are required and a total of 403 spaces are provided. The
Chief of Planning may administratively approve the addition of more
covered or uncovered parking spaces into the project.
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.
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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 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.
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STREETS
The developer shall obtain an encroaChment permit from the Engineering
Depat:tment prior to commencing any construction activities within any
public right-of-way or easement.
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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
PAGE 10 OF RESOLUTION NO. 91-26
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be required to be installed shall be subject to review and approval by the
Police Department.
The developer shall keep adjoining public streets free and clean of project
dirt, mud, materials and debris during the construction period, as is found
necessary by the City Engineer.
Handicapped ramps shall be provided ,and located as required by the City
Engineer.
This development shall be provided with a safe and effective circulation
system for bicycles and pedestrians. These facilities shall be designed and
installed to the satisfaction of the City Engineer and shall be separated from
vehicular traffic wherever possible.
Any damage to street improvements 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.
This development shall be responsible for an asphalt overlay on Center Way
subject to review and approval of the Engineering Division.
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INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility
District in accordanc~ 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 (see
District letter of May 6, 1991).
PAGE 11 OF RESOLUTION NO. 91-26
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. Any on-site drainage improvements for this project shall
be compatible with those installed for Subdivision 6878.
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.
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.
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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 Depactsnent of Fish and Game.
* 11.
The developer shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the construction
of off-site temporary or permanent road and drainage improvements.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the City policies and existing ordinances.
All utilities shall be located and provided within public utility easements,
sited to meet utility company standards, or in public streets.
* 12.
All utilities required to serve the development shall be installed
underground.
* 13. All public improvement plans shall be prepared by a licensed civil engineer.
PAGE 12 OF RESOLUTION NO. 91-26
~ I. 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.
A minimum of 10 percent (18) of the project units shall be made available
to families with "moderate" incomes, as established by The Association of
Bay Area Governments (ABAG) and the U.S. Department of Housing and
Community Development (HUD) for a four-person households. Sales
prices for these units (or rental rates in the case the units are initially
occupied as rental units) shall not exceed the maximum price affordable to
a four-person household with 120% of the median income established for
Alameda and Contra Costa Counties. The maximum sales price shall be
based on the following assumed variables (the maximum sales price of these
units shall not exceed $182,000); 9% interest rate; maximum monthly
assignment of housing costs of 35% of gross monthly income; 20% down
payment; taxes at 1.25% of the purchase price of the home; homeowner
association dues of $125/month and 30-year fixed rate mortgage. The
maximum sales price may be adjusted based on annual adjustments to the
area median income, as established by ABAG and HUD.
A minimum of 5 percent (9) project units shall be made available to families
earning a maximum of 140% of the area's median income level as
established by (ABAG) and (HUD) for four person households. Sales prices
for these units (or rental rates in the case the units are initially occupied as
rental units) shall not exceed the maximum price affordable to a four-
person household with 140% of the median income established for Alameda
and Contra Costa Counties. The maximum sales price shall be based on the
PAGE 13 OF RESOLUTION NO. 91-26
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following assumed variables (the maximum sales price of these units shall
not exceed $214,000); 9% interest rate; maximum monthly assignment of
housing costs of 55% of gross monthly income; 20% down payment; taxes
at 1.25% of the purchase price of the home; homeowner association dues
of $125/month and 30-year fixed rate mortgage.
In compliance with Conditions #I.3. above, the applicant shall develop an
agreement which restricts the maximum sale price of the "moderate" income
units to a maximum purchase price of $182,600, allowing for annual
adjustments to reflect HUD's adjustments to the area median income. The
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
formal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval the Final Map.
In compliance with Condition #I.4. above, the applicant shall develop an
agreement which restricts the maximum sale price of the 120-140% range
units to a maximum purchase price of $214,000, allowing for annum
adjustments to reflect HUD's adjustments to the area median income. The
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
formal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval of the Final Map.
A deed restriction shall be recorded with the sale of each affordable unit (18
"moderate" income units and 9 "120-140%" income units) requiring the unit
to continue to be available to corresponding inCome group for the period
of time extending from the initial unit sale in the project to the last initial
unit sale. If the affordable unit is resold prior to the expiration of this time
frame, such unit shall be sold to another qualifying income family, as
calculated using the Oariable assumptions outlined in Conditions #I.3. and
#I.4. above. The deed restriction imposed on the affordable units shall
stipulate, to the extent allowed by law, that the unit shall be owner-
occupied. Enforcement of this condition, and Conditions #I.3. through
#I.6. shall not preclude the financial institution carrying the first mortgage
papers on the respective affordable units to resell the respective units at
pAGE 14 OF RESOLUTION NO. 91-26
"fair market" value in the case of default on the mortgage.
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10.
The affordable units shall be interspersed throughout the project, consistent
with the proposed Affordable Unit Designation Plan (Exhibit I of the
Planning Commission Staff Report dated July 9, 1991). Minor modifications
to the designation l~lan may occur~ and are subject to the review and
approval of the Chief of Planning.
This site shall not be subject to provisions/requirements of any future
inclusionary housing ordinance adopted by the Town which may establish
requirements for the inclusion of affordable units and/or the payment of in-
lieu fees. Should this approval not be exercised, this exemption shall not
apply to future, subsequent entitlements granted over the site.
A homeowner's association shall be established for the project. Covenants,
Conditions and Restrictions (CC&R's), Articles of Incorporation and By-Laws
for a mandatory homeowner's association (HOA) shall be prepared by the
developer for this project prior to the recordation of the tentative map.
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 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 HOA consistent with the original CC&R's may be made
at the discretion of the HOA. Any changes pertaining to conditions of
approval imposed upon the project shall be submitted to the Town 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:
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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.
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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.
PAGE 15 OF RESOLUTION NO. 91-26
11.
12.
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The Association shall keep the Planning Division informed of the
current name, address, and phone number of the Association's
official representative(s).
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The Association shall contract with, or be advised by (as to how to
handle maintenance operations), a professional management firm.
Except at points of approved driveway access, abutter's rights along Camino
Crow Canyon Road, Center Way and Tassajara Ranch Drive shall be
relinquished by way of recordation of the Final Parcel Map.
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 on. Developer shall be
responsible for the 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 shall be borne by the
developer.
The developer shall confer with local postal authorities to determine the
type of mail receptacles that are to be utilized for this project. The
developer shall supply a letter to the Town which indicates the postal
authority's satisfaction with the system chosen prior to the issuance of
building permits. The developer shall prepare a preliminary address
numbering scheme, reflective of input from the postal authority and the San
Ramon Valley Fire Protection District, and shall submit the address plan to
the Engineering Division for review and approval.
PAGE 16 OF RESOLUTION NO. 91-26
1991,
APPROVED by the Danville Planning Commission at a Regular Meeting on July 9,
1991 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Hughes, Osborn, Vilhauer, Hunt
Murphy
Wright
Chair~7~~
Chi~_~f/Planning
APPROVED AS TO FORM:
pdpz15
PAGE 17 OF RESOLUTION NO. 91-26