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HomeMy WebLinkAbout92-10 EXHIBIT A RESOLUTION NO. 92-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING DP 92-10 -- ARCHITECTURAL REVISIONS FOR A PORTION OF SD 7133, SD 7134 and SD 7135 SIGNATURE PROPERTIES WHEREAS, Signature Properties has requested approval of a Development Plan for revisions to the previously approved architectural plans for Jonathan Ridge subdivision for 63 single family lots; and WHEREAS, the subject site is located on a portion of SD 7133, 7134 and 7135, of the Tassajara Ranch subdivision, generally located southeast of the intersection of Tassajara Ranch Road and Zenith Ridge Drive and is identified as Assessor's Parcel Number 206-341-001 thru 007, 206-351- 028 thru 037, 206-352- 001 thru 004, 206-353-001 thru 012, 206-353-025, 030-057; and WHEREAS, the Town of Danville Municipal Code P-l; Planned Unit Development District Ordinance requires approval of a Development Plan for architectural modifications; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on March 24, 1992; 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 approve the request; and WHEREAS, 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 grant of a Negative Declaration of Environmental Significance and approval of DP 92-10 per the conditions contained herein, and makes the following findings in support of the Development Plan: The proposed architectural design changes are consistent with the approved P-l; Planned Unit Development District covering the subject property, with Danville's Residential Development Standards, and with the Town's General Plan; and The proposed architectural design changes will result in the development of new single family dwellings which are compatible with existing and planned surrounding page 1 resolution no. 92-10 development; and The planned residential development will constitute a residential environmental of sustained desirability and stability; and will be in harmony with the character of the surrounding neighborhood and community; and The previously certified EIR prePared for the Dougherty Road General Plan Amendment fully discussed potential impacts associated with development of this site, satisfying the requirement of the California Environmental Quality Act (CEQA). The specific proposal to modify the approved architecture/design is categorically exempt from the provision of CEQA. 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. 0 Elimination of Plan 1533 makes the amendment to the original development more consistent with the original approval in terms of house size. CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to the issuance of Building Permits. Each item is subject to review and approval by the Planning Department unless otherwise specified. Except as may be modified by these Conditions of Approval, development of the subject 63 single family lots (including Lots 14-39, 52, 57-84 of SD 7134 and Lots 1-7 of SD 7133 and Lot 13 of SD 7135) shall be developed substantially as shown on the project drawings labeled "Signature Properties - Plan 1533, Plan 1795, Plan 2195 and Plan 2339", as prepared by Kenneth Gooch Architect A.I.A, consisting of nine sheets (including a site plan) and dated received March 19, 1992, by the Danville Planning Department. These plans include four plans, each with three different elevations. 0 Prior to the issuance of building permits, a Final Landscape and Irrigation Plans depicting project landscaping and irrigation to be installed by the developer shall be submitted for review and approval by the Planning Department. These plans shall detail proposed landscaping for the following areas; A. Landscaping for the project entry areas (if proposed). page 2 resolution no. 92-10 o Landscaping for the slope areas at the east side of the project (to be picked up through deed transfers from SD 7321 - Bas Homes). Landscaping for the 0.42 +/- acre open space parcel identified as Parcel A on the Final Map for SD 7134. A street tree program shall be established for the proposed units. It shall include two trees per lot and three trees for all corner lots. As part of this review process, plans and specifications for project fencing shall be provided (to include standard residential side yard/rear yard fencing, heavy construction perimeter fencing and "view" fencing, if proposed). The develoPer shall be responsible for the installation of all project fencing. Developer-installed project landscaping, and fencing for the respective lots in this project, shall be in place prior to occupancy of the affected units in the project. Exterior final colors and materials shall be submitted for review and approval of the Planning Department. The Design Review Board preliminarily approved these colors and materials at their March 11, 1992 meeting. The roof materials and colors shall match the existing roof materials as regards the size, shape and colors of the original 29 lots, except that the orange-red barrel tile roof shall be replaced by a flashed Mission Terra-cotta tile roof. Except as specifically modified by these Conditions of Approval, development shall conform with the Conditions of Approval established for Final Development Plan PUD 86-3 and Vesting Tentative Map 6878. Approval of the subject application is conditioned upon the applicant submitting documentation to the Town of Danville, in a form deemed acceptable by the City Attorney, that the existing private agreements pertaining to the single family projects in SD 6878 (which address the creation, ownership and ongoing maintenance of common open space facilities, recreation facilities, drainage facilities, project signage and creek improvements) have been, or will be, fulfilled to the Town's satisfaction. 8. One story units shall be placed on all corner lots. page 3 resolution no. 92-10 Natural wood siding shall be utilized within the development. Use of hardboard, pressboard or equivalent exterior siding is expressly prohibited. The front elevation design elements (i.e. wooden exterior siding) shall be carried around the entire streetside side elevation of any corner unit. 10. The finish treatment and/or materials of the driveways developed for the project shall be upgraded from the typical concrete driveway to match the existing treatments on the original 29 lots and shall be subject to review and approval by. the Design Review Board (acceptable upgrades would include use of brick inlay or edging, intricate concrete scoring, patterned broom finishing, aggregate surface, etc.). 11. The applicant shall submit a plotting plan for the first phase of the project and it shall be subject to review and approval by the Planning Division. The front setback of each unit shall be offset from adjacent units by a minimum of 3 feet +/-. The Planning Division shall have the authority to vary this minimum when it can be demonstrated that another unit cannot be utilized on the lot. 12. Developer-installed retaining walls utilized in the project shall be subject to review and approval by the Planning Department as regards height, location, design and materials. 13. No two plans shall be located adjacent to each other or across the street from one another. 14. The final design details for Plan 2339 shall be reviewed and approved by the Design Review Board. 15. The applicant shall complete a plan indicating which driveways of the four transition lots should be coupled. These locations shall be based on the ability to provide adequate variation in the siting of the units and the ability to vary the setbacks of the units. The Design Review Board shall have final review and approval of the driveway plan. 16. Plan 1533 (one-story unit) shall be eliminated in this project. Plan 1795 (one-story unit) shall be utilized on a maximum of 15% of the lots in this project. page 4 resolution no. 92-10 17. The applicant shall include some three car garages in the project. They can be incorporated into the one-story unit plan on corner lots, which would increase the square footage of the plan; or the developer may, at their option, design a new plan that includes a three car garage design. The new plan may have a larger square footage than the largest Plan 2339. APPROVED by the Danville Planning Commission at a Regular Meeting on March 24, 1992 by the following vote: AYES: NOES: ABSENT: ABSTAINED: Arnerich, Murphy, Osborn, Hughes Vilhauer Hunt, Wright Chairman APPROVED ~/ City Attorney Chi~nning acmz5 page 5 resolution no. 92-10 EXHIBIT A RESOLUTION NO. 92-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING VESTING TENTATIVE MINOR SUBDIVISION MAP MS 861-91 (VONK) WHEREAS, Shirlee Vonk (Owner/Applicant) has requested approval of a two lot Vesting Tentative Map for a 3.8 +/- acre site; and WHEREAS, the subject site is located at the southeast corner of El Cerro Boulevard and Diablo Road, at 828 Diablo Road (Diablo Nursery site) and 10 Turrini Place (existing Single Family Residence) and is identified as AsSessor's Parcel Number 196-270-026; and WHEREAS, the Town of Danville Subdivision Ordinance requires approval of a Tentative Subdivision Map prior to recordation of a Parcel Map; and WHEREAS, the project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA) as the project consists of the division of property in an urbanized area into less than four parcels in conformance with the General Plan and Zoning Ordinance; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 28, 1992; 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 approve the request; and WHEREAS, 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 Minor Subdivision request per the conditions contained herein, and makes the following findings in support of the Minor Subdivision: PAGE 1 OF RESOLUTION NO. 92-10 The proposed subdivision is in substantial conformance with the goals and policies of the General Plan. 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 two parcels. The density of the subdivision is physically suitable for the proposed density of development. 0 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. The design of the proposed subdivision and proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior to 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 two lot Minor Subdivision of a 3.8 +/- acre site identified as APN:196-270-026. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a0 Vesting Tentative Parcel Map (MS 861-91) consisting of one sheet labeled "Southwest Corner Diablo Road & El Cerro Blvd.", prepared by Majors Engineering, dated received by the Planning Division on PAGE 2 OF RESOLUTION NO. 92-10 o 0 April 23, 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, Traffic Signal Mitigation fee, Park Dedication Fee 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 December 26, 1992. 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 (the project has 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 during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 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. PAGE 3 OF RESOLUTION NO. 92-10 Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays during the hours from 7:00 a.m. to 7:00 p.m., and weekends and holidays from 9:00 a.m. to 7:00 p.m. unless othet~wise approved in writing by the Chief Building Official. B. SITE PLANNING All exterior lighting installed on the nursery site shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. C. LANDSCAPING Final Landscape and Irrigation Plans for the Diablo Road frontage of the nursery (with planting shown at 1"= 20' scale) shall be submitted for review and approved by the Chief of Planning prior to installation and prior to recordation of the Parcel 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. ° All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. * 4. 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 encroachment into the Public Right Of Way shall require an approved Encroachment Permit from the Town of Danville prior to installation. D. ARCHITECTURE All trash and refuse shall be contained within enclosures architecturally compatible with structures located on the property. 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. PAGE 4 OF RESOLUTION NO. 92-10 o o o o 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. The ground sign reading "Diablo Nursery" shall be installed consistent with the previously approved sign permit (SR 90-44) on the Diablo Road frontage of the nursery site. The proposed location of the relocated Ground Sign shall be designated on the landscape plan subject to the review and approval of the Chief of Planning. The Ground Sign shall be located a minimum of two feet back from the property line. The Ground Sign shall not be illuminated and is expressly prohibited from being located within the public right-of-way. The applicant shall install on-site directional signs to direct nursery delivery trucks and customers to the proper delivery and parking areas on the nursery site. The directional signs shall not exceed two square feet in size, and their design, colors and locations are subject to the review and approval of the Chief of Planning. The directional signs shall not be illuminated. If any additional signage for the nursery site 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. Any proposed new construction or additions to existing buildings on the nursery site shall require a Development Plan and a new Land Use Permit if deemed necessary by the Chief of Planning. PARKING All parking spaces on the nursery site shall be clearly striped priOr to recordation of the Parcel Map. 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. Prior to recordation of the Parcel Map and subject to the review and approval of the Chief of Planning, the applicant shall submit an on-site vehicle circulation plan for the nursery site. The circulation plan shall indicate driveway locations, delineation of customer parking spaces, truck PAGE 5 OF RESOLUTION NO. 92-10 delivery parking areas, on-site circulation routes for truck deliveries, delivery truck turn-around areas, and on-site directional signage for dcliveries and customers. If future problems occur with the on-site and off- site vehicular circulation system associated with the nursery, such issues shall be referred to the Planning Commission for review. All unloading and loading of materials from delivery trucks shall occur on the nursery site. Delivery trucks are expressly prohibited from parking on public right-of-ways. If delivery trucks park within public right of ways and/or on property not controlled by the nursery operator, the existing Land Use Permit is subject to revocation by the Planning Commission. 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 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 Cit3T Engineer. Traffic signs and parking restriction signs 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. o 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 PAGE 6 OF RESOLUTION NO. 92-10 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. Town records indicate that the 30 foot wide, southerly section of the existing driveway entrance to the Vonk residence (Turrini Place) is not a legal means of access to the subject site. Prior to recordation of the Parcel Map, the applicant shall provide the City Engineer with acceptable documentation indicating that the applicant has legal means of access to the subject site. All access issues identified by the title search shall be addressed to the satisfaction of the City Engineer prior to recordation of the Parcel Map. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. A new meter, and possibly a new main extension shall be required to serve the existing residence located at 10 Turrini .Place. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District (CCSD) in accordance with the requirements of the District, unless approval is secured to utilize a private sewage disposal system. The applicant shall comply with all requirements of the CCSD as outlined in their January 15, 1992 letter. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. PAGE 7 OF RESOLUTION NO. 92-10 10. 11. 12. 13. 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. 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. Thc developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 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. Ail utilities shall be located and provided within public utility easements, sited to meet utility company standards, or in public streets, All utilities required to serve the development shall be installed underground. All public improvement plans shall be prepared by a licensed civil engineer. Future development on this site shall require the developer to mitigate the impact of additional stormwater runoff from this development on Green Valley Creek watershed by the following methods: ao 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 any new development on the site. Within 12 months of receipt of the contribution, the Flood Control District will use the monies to implement the subject improvements. PAGE 8 OF RESOLUTION NO. 92-10 The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. 15. Thc 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 Department 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. The nursery site is subject to the requirements of the Central Contra Sanitary District's (CCSD) Source Control Ordinance. The applicant shall provide the Chief of Planning written confirmation from CCSD ensuring that thc nursery business is in compliance with all requirements of the CCSD and its appurtenant regulatory ordinances. MISCELLANEOUS Conditions of this approval may require the developer to install public improvements on land neither the developer, nor the Town, has easement rights to allow the improvements to be installed. The developer shall be responsible for acquisition of the necessary easements either through private negotiations or by entering into an agreement with the town and assume all responsibilities for acquisition pursuant to the Town's authority for condemnation. Such acquisitions shall be commenced prior to the developer's submittal of any final map. All costs associated with such acquisition shall be borne by the developer. Only nursery related products listed, or closely related (as determined by the Chief of Planning) to those items specified in the nursery operator's February 10, 1992 letter shall be sold from the nursery site. The sale of non nursery related items is expressly prohibited and is in violation of the original Land Use Permit. If non nursery related items are sold from the nursery site, the nursery Land Use Permit is subject to revocation by the Planning Commission. 3. Any expansion of retail sales, activities or services at the nursery shall PAGE 9 OF RESOLUTION NO. 92-10 require a new Land Use Permit. Hours of operation for the nursery are limited to 7:30 a.m. to 5:00 p.m. Monday thru Saturday and 9:00 to 5:00 on Sundays. Operation of machinery or loading or unloading of materials should, occur during nursery operating hours stated above. 0 The nursery shall operate in conformance with conditions of approval included in the original Land Use Permit (LUP 236-72) approved by Contra Costa County. A wire view fence, six feet in height, shall be constructed on the north property line of the nursery site prior to map recordation subject to review and approval by the Chief of Planning. APPROVED by thc Danville Planning Commission at a Regular Meeting on April 28, 1992, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Hunt, Murphy, Osborn, Wright, Hughes Vilhauer Chairman APPROVED AS TO FORM: Chi~~~nning pdpz22 PAGE 10 OF RESOLUTION NO. 92-10