HomeMy WebLinkAbout92-15 EXHIBIT A
RESOLUTION NO. 92-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND
APPROVE THE GENERAL PLAN AMENDMENT (GPA 91-04),
LAWRENCE/LEEMA ROAD SPECIFIC PLAN AND
PRELIMINARY DEVELOPMENT PLAN -
REZONING REQUESTS PUD 92-01,
PUD 92-02 & PUD 92-03
WHEREAS, the Town of Danville has initiated General Plan Amendment, Specific Plan,
and Preliminary Development Plan - Rezoning requests involving the approximately 357
acre Lawrence/Leema Road area; and
WHEREAS, the subject site is lOcated on the South side of Camino Tassajara, presently
comprising a portion of the eastern Town limits; and
WHEREAS, the Lawrence/Leema Road area was annexed into the Town of Danville in
April of 1991; and
WHERF~S, the General Plan Amendment will set appropriate land use designations for
the area consistent with existing Town Goals and Policies, compatible with existing and
planned surrounding development and, to the extent possible, consistent with the desires
of existing area property owners; and
XgrllE~S, the associated Lawrence/Leema Road Specific Plan will set specific
development policies and standards, and design guidelines for the Plan Area; and
WHERF~kS, the Preliminary Development Plan - Rezoning request will help implement the
Development Standards, as contained within the Specific Plan, for the County Estates
portion of the Plan Area; and
XVHERF~S, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project. As amended through project modifications and Development
Standards for the area, no significant environmental impacts are anticipated to be
associated with the project; and
PAGE I OF RESOLUTION NO. 92-15
And, be it further
RESOLVED that the Planning Commission recommends the Town Council approve
Preliminary Development Plan - Rezoning requests PUD 92-01, PUD 92-02, and PUD 92-
03, per the Conditions of Approval contained within Attachments A, B and C of this
resolution; and be it further
RESOLVED that the Planning Commission makes the following findings in support of this
recommendation:
The proposed Rezoning will comply with the Town of Danville General Plan and
the Lawrence/Leema Road Specific Plan.
o
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
The proposed Rezoning will not be adverse to the health, safety, or welfare of
Town residents.
And, be it further
RESOLVED that the Planning Commission recommends the Town Council approve of the
Lawrence/Leema Road Specific Plan; and be it.further
RESOLVED that the Planning Commission makes the following findings in support of this
recommendation:
The proposed Specific Plan is consistent with the Town of Danville 2005 General
Plan.
The proposed Specific Plan is consistent with applicable Town policies and
ordinances.
The proposed Specific Plan will not be adverse to the health, safety, or welfare of
area residents.
The proposed Specific Plan will not be adverse to the plans and policies of
surrounding jurisdictions or affected or responsible agencies.
PAGE 3 OF RESOLUTION NOo 92-15
0
The proposed Specific Plan will allow for the orderly development of properties
in the area, lead to developments with sustained desirability, and increase property
values in the area.
APPROVED by the Danville Planning Commission at a Regular Meeting on July 14, 1992,
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
//~ty Attorney
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Arnerich, Hunt, Murphy, Vilhauer, Hughes
Osbom
Wright
Chairman ~.~
PAGE 4 OF RESOLUTION NO. 92-15
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on May 12, 1992; and
WHEREAS, the item was continued to the June 9, 1992 Planning Commission meeting and
then to the July 14, 1992 Planning Commission meeting; and
XVHERF~S, 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 recommends the Town
Council of the Town of Danville adopt a Mitigated Negative Declaration of Environmental
Significance and approve the General Plan Amendment request GPA 91-04; and be it
further
RESOLVED that the Planning Commission makes the following findings in support of this
recommendation:
The General Plan Amendment is consistent with the Goals and Policies of the
General Plan.
0
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.
PAGE 2 OF RESOLUTION NO. 92-15
ATTACHMENT A OF RESOLUTION NO. 92,15
Conditions of Approval
Preliminary Development Plan - Rezoning (PUD 92-01)
Sub-Area 3 - Lawrence/Leema Road Area
CONDITIONS OF APPROVAL
The minimum size for all new parcels or lots shall be 40,000 square feet.
Development shall be consistent with the R-40; Single Family Residential
District Standards, as established by the Town Zoning Ordinance. All new
development shall be consistent with the provisions of the adopted
Lawrence/Leema Road Specific Plan.
All development shall be subject to the provisions of the Town's Major
Ridgeline Scenic Hillside Ordinance (Ord 29-84) and Hillside Design
Guidelines. All single family and other non-exempt development under
Ordinance 29-84 shall be subject to site plan and architectural review by the
Planning Division under a hillside Development Plan application. All new
residential development shall be subject to review and approval by the
Town's Design Review Board and Planning Commission.
The maximum height of new residences in the area shall be 28 feet as
calculated from the average of the high and low finished grade.
Where appropriate to minimize grading and site disturbance, homes shall
utilize a split-pad design. Homes shall utilize native vegetation for
landscaping, open wire fencing, natural materials, and earth tone colors to
blend the residences into the natural environment. No site development,
such as grading, clearing and grubbing, and tree removal or trimming, shall
occur until after the review and approval of the proposed development
under a Development Plan application.
o
Development in this area shall consist of individual custom homes which
are designed for each parcel. Tract or production homes are not allowed.
All new residential development, including existing residences involved in
a new subdivision, beyond the preceding land use density (1 unit/5 acres),
shall be required to connect to the proposed future Central Contra Costa
0
10.
Sanitary District public sewer system and East Bay Municipal Utility District
public water supply. On parcels larger than 5 acres, unless otherwise
authorized by the County Health Department, individual new septic systems
shall not be authorized for use unless a minimum of 12,500 square foot of
area with appropriate soil conditions and with an average slope of less than
25% is available for the septic system.
All new development shall be subject to the Town's Park Dedication
Ordinance (Ord. No. 69-85) requirements.
The existing rural/agricultural lifestyle, for those who do not wish to
develop, shall be preserved to the extent possible. Considerations such as
landscape buffering, heavy fencing, larger lot sizes and increased setbacks
shall be utilized for this purpose. Where new development is proposed to
occur around undeveloped properties, the future development of these
properties, including circulation connections, shall be considered with the
design of the project. A statement shall be recorded to run with the deeds
of all new properties acknowledging the historic rural nature of the area,
and the rights of existing properties to continue legally established
rural/agricultural uses.
Energy and water conservation measures shall be incorporated into the
design of all new development within the Plan Area. Landscaping
emphasizing drought tolerant plants, as specified in the Town's Water
Conservation Guidelines, shall be utilized for all developments.
All additional runoff shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility, as required
by existing Town of Danville Subdivision Ordinance. New development
which will increase run-off into the area's existing drainage systems will be
required to complete a hydraulic study based on the projected run-off at
build-out of the water shed, and make improvements to the system as
required by the Town's Engineering Division and the Contra Costa County
Flood Control District. All required improvements to area creeks for
drainage purposes shall meet the policies and regulations of the Town of
Danville, the Contra Costa County Flood Control District, the State of
California Department of Fish and Game, the U.S. Department of Fish and
Wildlife, and the Army Corps of Engineers.
11.
12.
13.
Slopes shall be graded so that run-off water is minimized. Peak flow
reduction and infiltration practices such as grass swales, infiltration trenches
and grass filter strips, and detention and retention basins shall be
incorporated into project design where deemed appropriate by the City
Engineer.
All development shall be consistent with modern seismic design for
resistance to lateral forces. All building will be in accordance with the
Uniform Building Code and Town of Danville Ordinances. All cut and fill
areas shall be appropriately designed to minimize the effects of ground
shaking and settlement. Construction shall be sited away from unstable and
potentially unstable landforms, or unstable landforms shall be stabilized
prior to construction.
All development shall take place in compliance with the Town's Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (April 15 thru October 15) and, if
construction does occur during the rainy season, the use of sediment traps
and other devises to minimize erosion.
14.
15.
16.
17.
18.
All new development shall be subject to the requirements of the San Ramon
Valley Fire Protection District.
All development shall take place in compliance with detailed soils reports
and in compliance with established Town Ordinances, codes and guidelines
pertaining to changes in topography or ground surface relief features
(grading).
Existing native plants shall be preserved to the extent possible. New
landscaping shall utilize native plant species to the extent possible. Any
development within creek riparian corridors shall meet the policies and
regulations of the Town of Danville, the Contra Costa County Flood Control
District, the State of California Department of Fish and Game, the U.S.
Department of Fish and Wildlife, and the Army Corps of Engineers.
New development shall take place in compliance with established Town of
Danville Residential and Hillside Design Guidelines.
New lighting shall be installed in such a manner that glare is directed away
from surrounding properties and right-of-ways.
3
19.
All applicable mitigation measures, as identified within the Mitigated
Negative Declaration prepared for General Plan Amendment GPA 91-04 and
this Specific Plan, shall be incorporated into, or required as conditions of
approval of, all new projects.
20. Existing uses in the area, consistent with the previous Agricultural zoning,
may continue as legal non-conforming uses. Expansion and/or modification
of legal non-conforming uses may be considered by the Planning
Commission through the Land Use Permit application review process.
Nonconforming uses which are discontinued for a period of six months or
longer, will no longer be considered legal uses.
Chief of Plan~ohg
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ATTACHMENT B OF RESOLUTION NO. 92-15
Conditions of Approval
Preliminary Development Plan - Rezoning (PUD 92-02)
Sub-Area 4 - Lawrence/Leema Road Area
CONDITIONS OF APPROVAL
The minimum size for all new parcels or lots shall be 40,000 square feet.
Development shall be consistent with the R-40; Single Family Residential
District Standards, as established by the Town Zoning Ordinance. All new
development shall be consistent with the provisions of the adopted'
Lawrence/Leema Road Specific Plan.
o
Development in this area shall consist of individual custom homes which
are designed for each parcel. Tract or production homes are not allowed.
Where properties front Lawrence Road, access drives shall be combined to
the extent possible.
All new residential development, including existing residences involved in
a new subdivision, beyond the preceding land use density (1 unit/5 acres),
shall be required to connect to the proposed future Central Contra Costa
Sanitary District public sewer system and East Bay Municipal Utility District
public water supply, on parcels larger than 5 acres, unless otherwise
authorized by the County Health Department, individual new septic systems
shall not be authorized for use unless a minimum of 12,500 square foot of
area with appropriate soil conditions and with an average slope of less than
25% is available for the septic system.
All new development shall be subject to the Town's Park Dedication
Ordinance (Ord. No. 69-85) requirements.
The existing rural/agricultural lifestyle, for those who do not wish to
develop, shall be preserved to the extent possible. Considerations such as
landscape buffering, heavy fencing, larger lot sizes and increased setbacks
shall be utilized for this purpose. Where new development is proposed to
occur around undeveloped properties, the future development of these
properties, including circulation connections, shall be considered with the
design of the project. A statement shall be recorded to run with the deeds
of all new properties acknowledging the historic rural nature of the area,
1
10.
11.
and the fights of existing properties to continue legally established
rural/agricultural uses.
Energy and water conservation measures shall be incorporated into the
design of all new development within the Plan Area. Landscaping
emphasizing drought tolerant plants, as specified in the Town's Water
Conservation Guidelines, shall be utilized for all developments.
All additional runoff shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility, as required
by existing Town of Danville Subdivision Ordinance. New development
which will increase run-off into the area's existing drainage systems will be
required to complete a hydraulic study based on the projected run-off at
build-out of the water shed, and make improvements to the system as
required by the Town's Engineering Division and the Contra Costa County
Flood Control District. All required improvements to area creeks for
drainage purposes shall meet the policies and regulations of the Town of
Danville, the Contra Costa County Flood Control District, the State of
California Department of Fish and Game, the U.S. Department of Fish and
Wildlife, and the Army Corps of Engineers.
Slopes shall be graded so that run-off water is minimized. Peak flow
reduction and infiltration practices such as grass swales, infiltration trenches
and grass filter strips, and detention and retention basins shall be
incorporated into project design where deemed appropriate by the City
Engineer.
All development shall be consistent with modern seismic design for
resistance to lateral forces. All building will be in accordance with the
Uniform Building Code and Town of Danville Ordinances. All cut and fill
areas shall be appropriately designed to minimize the effects of grourld
shaking and settlement. Construction shall be sited away from unstable and
potentially unstable landforms, or unstable landforms shall be stabilized
prior to construction.
All development shall take place in compliance with the Town's Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (April 15 thru October 15) and, if
construction does occur during the rainy season, the use of sediment traps
and other devises to minimize erosion.
2
12.
13.
14.
15.
16.
17.
All new development shall be subject to the requirements of the San Ramon
Valley Fire Protection District.
Existing native plants shall be preserved to the extent Possible. New
landscaping shall utilize native plant species to the extent possible. Any
development within creek riparian corridors shall meet the policies and
regulations of the Town of Danville, the Contra Costa County Flood Control
District, the State of California Department of Fish and Game, the U.S.
Department of Fish and Wildlife, and the Army Corps of Engineers.
New lighting shall be installed in such a manner that glare is directed away
from surrounding properties and right-of-ways.
All new development shall document that level of service standards
consistent with the performance standards established within the Town's
Growth Management Element, will be met for the following public services:
water, sewer disposal, flood control, traffic, fire, police and park services.
All applicable mitigation measures, as identified within the Mitigated
Negative Declaration prepared for General Plan Amendment GPA 91-04 and
this Specific Plan, shall be incorporated into, or required as conditions of
approval of, all new projects.
Existing uses in the area, consistent with the previous Agricultural zoning,
may continue as legal non-conforming uses. Expansion and/or modification
of legal non-conforming uses may be considered by the Planning
Commission through the Land Use Permit application review process.
Nonconforming uses which are discontinued for a period of six months or
longer, will no longer be considered legal uses.
Kevin J. Gai{ey~
Chief of Plathaifig
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3
ATTACHMENT C OF RESOLUTION NO. 92-15
Conditions of Approval
Preliminary Development Plan - Rezoning (PUD 92-03)
Sub-Area 5 - Lawrence/Leema Road Area
CONDITIONS OF APPROVAL
o
The minimum size for all new parcels shall be 100,000 square feet.
Development shall be consistent with the R-100; Single Family Residential
District Standards, as established by the Town Zoning Ordinance. All new
development shall be consistent with the provisions of the adopted
Lawrence/Leema Road Specific Plan.
The development fights for the steep sloping portions and undeveloped
ridgelines of parcels involved in a subdivision shall be dedicated to the
Town of Danville, by way of scenic easements. The goal shall be to
preserve a contiguous open space area through the steeply sloping areas
between existing and future development along Lawrence Road and existing
and future development at the ridge and knoll tops at the higher elevations.
No development will be allowed in this area.
Development within the southern portion of the Plan Area, east of Lawrence
Road, shall be located a minimum of 100 feet below the ridgeline.
Development rights for the areas within 100 feet of the ridgeline shall be
dedicated to the Town of Danville by way of scenic easements.
All development shall be consistent with the restrictions of the Town's
Grading Ordinance, and should be restricted to relatively flat areas.
Additionally, as slope steepness increases, architectural innovation, such as
stepped foundations, shall be utilized rather than extensive grading. This
grading approach shall be utilized so that the natural landform is disturbed
to the least extent possible. Flat-pad grading type development shall not
occur. New development will not be approved on slopes-greater than 34
percent, as defined by the Town's Grading Ordinance (Ord. No. 89-22). No
site development, such as grading, clearing and grubbing, and tree removal
or trimming, shall occur until after the review and approval of the proposed
development under a Development Plan application°
All development shall be subject to the provisions of the Town's Major
Ridgeline Scenic Hillside Ordinance (Ord 29-84) and Hillside Design
1
o
Be
10.
Guidelines. All new residences in the area shall have a maximum height of
28 feet as calculated from the average of high and low finished grades.
Homes shall utilize native vegetation for landscaping, open wire fencing,
natural materials, and earth tone colors to blend the residence into the
natural environment. All single family structures and other non-exempt
development under Ordinance 29-84, shall be subject to site plan and
architectural review by the Planning Division under a Scenic Hillside
Development Plan application. All new residential development shall be
subject to review and approval by the Town's Design Review Board and
Planning Commission.
All hillside development shall take place in compliance with detailed soils
and geotechnical reports prepared for individual proposed projects.
Where properties front Lawrence Road, access drives shall be combined to
the extent possible.
All new residential development, including existing residences involved in
a new subdivision, beyond the preceding land use density (1 unit/5 acres),
shall be required to connect to the proposed future Central Contra Costa
Sanitary District public sewer system and East Bay Municipal Utility District
public water supply. On parcels larger than 5 acres, unless otherwise
authorized by the County Health Department, individual new septic systems
shall not be authorized for use unless a minimum of 12,500 square foot of
area with appropriate soil conditions and with an average slope of less than
25% is available for the septic system.
All new development shall be subject to the Town's Park Dedication
Ordinance (Ord. No. 69-85) requirements.
The existing rural/agricultural lifestyle, for those who do not wish to
develop, shall be preserved to the extent possible. Considerations such as
landscape buffering, heavy fencing, larger lot sizes and increased setbacks
shall be utilized for this purpose. Where new development is proposed to
occur around undeveloped properties, the future development of these
properties, including circulation connections, shall be considered with the
design of the project. A statement shall be recorded to run with the deeds
of all new properties acknowledging the historic rural nature of the area,
and the rights of existing properties to continue legally established
rural/agricultural uses.
2
11.
Energy and water conservation measures shall be incorporated into the
design of all new development within the Plan Area. Landscaping
emphasizing drought tolerant plants, as specified in the Town's Water
Conservation Guidelines, shall be utilized for all developments°
12.
All additional runoff shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility, as required
by existing Town of Danville Subdivision Ordinance. New development
which will increase run-off into the area's existing drainage systems will be
required to complete a hydraulic study based on the projected run-off at
build-out of the water shed, and make improvements to the system as
required by the Town's Engineering Division and the Contra Costa County
Flood Control District. All required improvements to area creeks for
drainage purposes shall meet the policies and regulations of the Town of
Danville, the Contra Costa County Flood Control District, the State of
California Depactnient of Fish and Game, the U.S. Department of Fish and
Wildlife, and the Army Corps of Engineers.
13.
Slopes shall be graded so that run-off water is minimized. Peak flow
reduction and infiltration practices such as grass swales, infiltration trenches
and grass filter strips, and detention and retention basins shall be
incorporated into project design where deemed appropriate by the City
Engineer.
14.
All development shall be consistent with modern seismic design for
resistance to lateral forces. All building will be in accordance with the
Uniform Building Code and Town of Danville Ordinances. All cut and fill
areas shall be appropriately designed to minimize the effeCts of ground
shaking and settlement. Construction shall be sited away from unstable and
potentially unstable landforms, or unstable landforms shall be stabilized
prior to construction.
15.
All development shall take place in compliance with the Town's Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (April 15 thru October 15) and, if
construction does occur during the rainy season, the use of sediment traps
and other devises to minimize erosion.
16.
All new development shall be subject to the requirements of the San Ramon
Valley Fire Protection District.
3
17.
All development shall take place in compliance with detailed soils reports
and in compliance with established Town Ordinances, codes and guidelines
pertaining to changes in topography or ground surface relief features
(grading).
18.
Existing native plants shall be preserved to the extent possible. New
landscaping shall utilize native plant species to the extent possible. Any
development within creek riparian corridors shall meet the policies and
regulations of the Town of Danville, the Contra Costa County Flood Control
District, the State of California Department of Fish and Game, the U.S.
Depac~nent of Fish and Wildlife, and the Army Corps of Engineers.
19.
New lighting shall be installed in such a manner that glare is directed away
from surrounding properties and right-of-ways.
20.
All applicable mitigation measures, as identified within the Mitigated
Negative Declaration prepared for General Plan Amendment GPA 91-04 and
this Specific Plan, shall be incorporated into, or required as conditions of
approval of, all new projects.
21.
Existing uses in the area, consistent with the previous Agricultural zoning,
may continue as legal non-conforming uses. Expansion and/or modification
of legal non-conforming uses may be considered by the Planning
Commission through the Land Use Permit application review process.
Nonconforming uses which are discontinued for a period of six months or
longer, will no longer be considered legal uses.
22.
Development in this area shall consist of individual custom homes which
are designed for each parcel. Tract or production homes are not allowed.
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4
