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HomeMy WebLinkAbout92-41 EXHIBIT A RESOLUTION NO. 92-41 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL ADOPT A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE GENERAL PLAN AMENDMENT GPA 92-03 AND PRELIMIN3dlY DEVELOPMENT PLAN - REZONING REQUEST PUD 92-04 (APN: 196-320-004) WHEREAS, Randolph Finn et. al. have requested approval of a General Plan Amendment and Preliminary Development Plan - Rezoning application to amend the General Plan Land Use Map for the area from Single Family - Medium Density (3-5 units/acre) to Multiple Family - Low Density (7-12 units/acre) and to Rezone the property from P-l; Planned Unit Development District to P-l; Planned Unit Development District allowing the development of a maximum 18 unit condominium project on the 1.9 +/- acre site; and WHEREAS, the subject site is located on the northeast corner of Diablo Road and Hill Road, at 1008 Diablo Road and is identified as Assessor's Parcel Number 196-320-004; and WHEREAS, the Town of Danville General Plan provides for to amendments, to the General Plan upon the showing of sufficient cause; and WHEREAS, the Town of Danville Zoning Ordinance requires approval o:f a Preliminary Development Plan - Rezoning request prior to approval of a Final Development Plan - Tentative Map; and WHEREAS, the Town Council of the Town of Danville authorized a General Plan Amendment study for the area at the Town Council meeting of November 19, 1991; and WHEREAS, the Planning Commission of the Town of Danville did diLscuss, identify concerns, and provide direction for the project at a special study session on March 10, 1992; and WHERF~S, at the applicants request, the project was continued from the Planning Commission meeting of November 24, 1992; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 8, 1992; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been PAGE I OF RESOLUTION NO. 92-41 prepared for the project indicating that, as amended through project modification or Conditions of Approval, no significant environmental impacts area expected to associated with the project; and WHEREAS, a staff report was submitted recommending that Planning Commission recommend the Town Council approve the request with a maximum of 16 units; 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 grant of a Negative Declaration of Environmental Significance and approval of the General Plan Amendment GPA 92-03, amending the Town of Danville General Plan Land Use Map from Residential - Medium Density (3-5 units/acre) to Residential - Multiple Family (7-12 units/acre) for the properties identified as 1008 Diablo Road (APN: 196-320-004); RESOLVED that the Planning Commission makes the following findings in support of this action: The General Plan Amendment is consistent with the Goals and Policies of the General Plan. The General Plan Amendment will not adversely effect the preservation of present aesthetics and other community qualities. The General Plan Amendment will not adversely effect the Town's ability to maintain high-quality public facilities and services. The General Plan Amendment will not adversely effect the quality of life within existing developed areas of the community. 0 The General Plan Amendment will not adversely effect the harnaony between Danville's development and it's physical setting. o Higher density on this specific site is appropriate due to the need :for a transition of density from Diablo Lodge to the west, the natural separation of the site from lower density areas to the north by the Green Valley Creek corriidor, the more appropriate density transition area formed by the Green Valley Creek the and 25 foot flood control easement to the east of General Plan Amendment area, and the natural transition created by the corner of Diablo Road and Green Valley Road where the properties to the east of the General Plan Amendment area access and orient toward, Green Valley Road. PAGE 2 OF RESOLUTION NO. 92-41 RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council approve the Preliminary Development Plan - Rezoning request PUD 92-04, Rezoning the property identified as 1008 Diablo Road from P-l; Planned Unit Development District to a new P-l; Planned Unit Development District, subject to the Conditions of Approval contained within Attachment A of this resolution; arid be it further RESOLVED that the Planning Commission makes the following findings in support of the action: The proposed Rezoning will be consistent with the General Plan Amendment which is being processed concurrently. The uses authorized or proposed in the land use district are compa~tible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. APPROVED by the Danville Planning Commission at a Regular Meeting on December 8, 1992, by the following vote: AYES: NOES: ABSTAINED: ABSENT: pdcz40 V lc_o.., C ng PAGE 3 OF RESOLUTION NO. 92-41 CONDITIONS OF APPROVAL PRELIMINARY DEVELOPMENT PLAN - REZONING PUD 92-04 -- FINN (APN: 196-320-004, 003, 007 & 196-033-031) CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions Shall be complied with prior to approval of the Final Development Plan - Tentative 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 Preliminary Development Plan - Rezoning request allowing a maximum of 16 units on the site identified as 100.8 Diablo Road. Development proposals for this site will be subject to approval of Final Development Plan - Tentative Map applications by the Town of Danville Planning Commission. The Final Development Plan submittal for the parcel identified as 1008 Diablo Road (Finn) shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Architectural renderings, site plan, preliminary landscape plan, and preliminary architectural plan as prepared by Randolph Finn Architects, dated received by the Planning Division on November 20, 1992. Within 10 days of approval of this project 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. Land uses within the area shall be developed in a manner compatible with surrounding land uses. Uses within the study area shall be adequately transitioned and/or buffered. All future projects in the area, will subject to additional project specific environmental review. 5. A minimum of 15 percent of the units developed within the Study Area or, PAGE 1 OF ATTACHMENT A OF RESOLUTION 92-41 at the developers discretion, the percentage required within a subsequently adopted Town Housing Element, shall be developed as low or moderate income units. SITE PLANNING The total number of units for the project shall be reduced from 18 to a maximum of 16. The two units to be eliminated shall be second story Diablo Road side units resulting in one story elements abutting Diablo Road. The specific locations for the one story elements abutting Diablo Road shall be determined by the Town Design Review Board and Planning Commission through the Final Development Plan review process. Revised architectural elevations for these units shall be reviewed by the Design Review Board as part of the Final Development Plan for the: project. The guest parking stalls located near the entry to the project for 1008 Diablo Road, as shown on the aforementioned plans, shall be treated with a "grass crete" type product which will provide a grass cover :for the parking stalls, reducing the amount of paving in this area of the project. A minimum 30 foot wide strip, south of the top of bank of the Green Valley Creek shall be dedicated as a pedestrian easement for future use as a pedestrian trail. ARCHITECTURE Prior to approval of a Final Development Plan - Tentative Map for the project, final architectural elevations and details, including final colors and materials, shall be submitted for approval by the Town's Design Review Board. 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. Details of proposed trash enclosures shall be submitted as part of the architectural plans for review and approval by the Design Review Board as part of the Final Development Plan. For the proposed project at 1008 Diablo Road, details of the additional PAGE 2 OF ATTACHMENT A OF RESOLUTION 92-41 D0 architectural amenities as shown on the aforementioned Landscape Plan, including the gazebo, trellises, pole clock, and decorative fences, shall be submitted for review and approval by the Town Design Review Board as part of the Final Development Plan application. LANDSCAPING A modified preliminary landscape plan for 1008 Diablo Road shall include project fencing at the east property line. The fence shall be adequate to help screen this project from the existing two single family homes within the Study Area to the east. The fence design and the landscape plan shall be submitted as part of the final architectural plans for review and approval by the Design Review Board prior to approval of the Tentative Map. The modified preliminary development plan for 1008 Diablo Road shall include substantial additional landscaping near the northern portion of the properties eastern property line. The goal of the landscaping shall be to screen, in a relatively short period of time, the 1008 Diablo Road project from the adjoining property. The modified preliminary development plan for 1008 Diablo Road shall incorporate street trees in compliance with the Town's Diablo Road street tree standards. GREEN VALLEY CREEK The Green Valley Creek through this site shall substantially remain in its current natural condition. Appropriate structural setbacks from Green Valley Creek, as determined by the Town of Danville and the Contra Costa County Flood COntrol District, shall be established for development in the area. The development rights for the area within the structural setback line shall be dedicated to the Town of Danville. No structures shall be constructed within this area. Fo CIRCULATION All new development within the Study Area shall take part in the areas long term circulation plan, which has been established through previous entitlement in the area. The ultimate plan calls for all acces:s to come from PAGE 3 OF ATTACHMENT A OF RESOiLUTION 92-41 the north, from Matadera Road or Blemer Road, when through future development a connection is secured from Hill Road to one of these roads. Hill Road will be blocked. No new development shall access from Green Valley Road to the east or directly from Diablo Road to the south. A vehicular access easement will be required to be establi[shed over the interior private roadway shown on the aforementioned site plan for 1008 Diablo Road. This easement shall allow for the three easterly properties within the Study Area to access through this property. Language of the easement shall preclude use of this easement by the properties to east unless a subsequent General Plan Amendment allowing higher densities is approved for these properties. Because of this properties planned long term access from the north, the developer of this property will be required to participate in the construction of a new Hill Road/Green Valley Creek bridge. This improvement will require the posting of an adequate security to guarantee the construction when access to Matadera Way or Blemer Road is secured. The new Hill Road/Green Valley Creek bridge may be required to be constructed prior to the issuance of building permits if determined necessary for flood control purposes. Prior to approval of a Final Development Plan - Tentative lVlap application for the property, evidence shall be submitted identifying the maintenance responsibility of Hill Road. In addition, the developer shall document rights for this developments use of Hill Road, for the interim an~d for the long range circulation plan. pdcz40 PAGE 4 OF ATTACHMENT A OF RESOLUTION 92-41