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HomeMy WebLinkAbout91-48 EXHIBIT A RESOLUTION NO. 91-48 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING REVISED ARCHITECTURE FOR LOTS 93-111 AND LOTS 188-200 OF SUBDIVISION 6752 LOTS 201-296 OF SUBDIVISION 6754 AND LOTS 5, 8 AND 9 OF SUBDIVISION 6516 WHEREAS, Shapell Industries has requested approval of an amendment to the Final Development Plan for PUD 84-4 to revise the architecture; and WHEREAS, the subject site is located on the north side of Camino Tassajara Road to the east of the intersection of Camino Tassajara Road and Sycamore Valley Road and is identified as Assessor's Parcel Number 202-291-005 thru 023, 202-292-011 thru 019, 202- 293-005 thru 008, 202-311-001 thru 028, 202-321-001 thru 014, 202-322-001 thru 013, 202-323-001 thru 022, 202-312-001 thru 019, 202-291-004, 001 and 202-293-001; and WHERF~S, the General Plan of the Town of Danville identifies Camino Tassajara Road as a Primary Scenic Corridor; and WHEREAS, public views of private development should be enhanced; and WHEREAS, the Town of Danville P-i; Planned Unit Development District Ordinance requires approval of a development plan; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on October 22, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERF~S, a staff report was submitted recommending that Planning Commission approve the request; 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 approves the development plan per the conditions contained herein, and makes the following findings in support of the development plan: PAGE I OF RESOLUTION NO. 91-48 1. The proposed project is consistent with the Danville 2005 General Plan. o The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. Community need has been demonstrated for the use proposed. The proposed land use will not be detrimental to the health, safety, and general welfare of 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. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL * 2. This approval is for revised architecture and floor plans for lots 93-111 and lots 188-200 of SD 6752, lots 201-296 of SD 6754 and lots 5, 8 and 9 of SD 6516 for Diablo Highlands Country Villas. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Architectural drawings entitled "Diablo Highlands Country Villas" consisting of 19 sheets, dated received by the Planning Division on October 3, 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 the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. PAGE 2 OF RESOLUTION NO. 91-48 o 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 applicant shall submit a check to the Town of Danville in the amount of $25.00 payable to the Contra Costa County Clerk, to cover costs associated with the filing of the Categorical Exemption with the County. o 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. 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, title, phone 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. o All Conditions of Approval for PUD 84-4, SD 6752, SD 6754 and SD 6516 shall be in effect except as specifically modified by this approval. PAGE 3 OF RESOLUTION NO. 91-48 B. SITE PLANNING * 2. 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 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. C. LANDSCAPING * 1. Final Landscape and Irrigation Plans (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. 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. A minimum of two street trees shall be planted on all interior lots and minimum of three street trees shall be planted on all corner lots. ARCHITECTURE Property line walls shall be of one-hour fire resistant construction and sh have 30 inch parapets with no openings. The property lines shall indicated on the drawings submitted for building permit. The streetscape elevation (Camino Tassajara Road) shall locate one sto units between two story design$ at a minimum ratio of 1:3 with not mo than two 2 story units plotted consecutively. The interior of the developm~ a 11 nt PAGE 4 OF RESOLUTION NO. 91- o shall locate one story units between two story designs at a minimum ratio of 1:5. 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. 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 all 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 City for consideration under a separate application. 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. STREETS The developer shall obtain an encroachment permit from the Engineering Depa~:U~-lent 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 PAGE 5 OF RESOLUTION NO. 91-48 o o o 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. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. o 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. 0 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. o 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. PAGE 6 OF RESOLUTION NO. 91-48 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 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. 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. 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: 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, 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 PAGE 7 OF RESOLUTION NO. 91-48 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. H. MISCELLANEOUS * 1. 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. * 2. 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. APPROVED by the Danville Planning Commission at a Regular Meeting on October 22, 1991 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hughes, Murphy, Osborn, Wright, Hunt Vilhauer APPROVED AS TO FORM: ity Attorney pabz7 Chief of PAGE 8 OF RESOLUTION NO. 91-48