HomeMy WebLinkAbout93-16 EXHIBIT A
RESOLUTION NO. 93-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
APPROVING THE 39 LOT FINAL DEVELOPMENT PLAIN (DP 93-16) AND A 31 LOT
VESTING TENTATIVE MAP(SD 7646) FOR PROVIDENCE DEVELOPMENT CO.
WHERF~S, Providence Development Co. has requested approval of a Final Development
Plan (DP 93-16) and a Vesting Tentative Map (SD 7646) for a 31 unit single family
residential development on a 16.75 acre site; and
WHERF~S, the subject site is located on the south side of Camino Tassajara, west of
Sherburne Hills Road and is identified as Assessor's Parcel Numbers 207-061-022, 023,
217-010-023, 024, 028 and 029; and
WHEREAS, the Town of Danville Planned Unit Development District Ordinance and
Subdivision Ordinance requires approval of a Final Development Plan and Tentative Map;
and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on April 13, 1993; and
WHERF~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
WHERF~S, 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 Mitigated Negative Declaration of Environmental
Significance and approval of the Final Development Plan and Vesting Tentative Map per
the conditions contained herein, and makes the following findings in support of the Final
Development Plan and Vesting Tentative Map:
1. The proposed project is consistent with the Danville 2005 General Plan.
2. The planned unit development will constitute a residential environment of
PAGE 1 RESOLUTION NO. 93-16
sustained desirability and stability, and will be in harmony with the character of the
surrounding existing neighborhood and the ultimate development planned for the
aFea.
The development will mitigate off-site traffic impacts through assurance of offsite
improvements in a manner acceptable to the Town.
Project conditions will serve to mitigate potential significant environmental impacts
identified in the Mitigated Negative Declaration of Environmental Significance
prepared for the project.
SUBDIVISION FINDINGS;
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 31 new parcels.
The density of the subdivision is physically suitable for the proposed density of
development.
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 filing
of the Final Map for the project. Each item is subject to review and approval by the
PAGE 2 RESOLUTION NO. 93-16
Planning Division unless otherwise specified.
A. GENERAL
This approval is for final development plan approval for a maximum of 39
lot single family residential development and a vesting tentative map for a
31 lot subdivision identified as "Lasata". Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
"Final Development Plan - Lasata" prepared by DK Associates dated
received by the Planning Division on February 2, 1993.
b0
"Vesting Tentative Map" consisting of 1 sheet prepared by D K
Associates dated received by the Planning Division on February 2,
1993.
C0
"Conceptual Creek Revegetation Plan" prepared by Woods Landscape
Architecture dated received by the Planning Division on January 26,
1993.
"Preliminary Landscape Plan" prepared by Woods Landscape
Architecture dated received by the Planning Division on April 1,
1992.
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 Child Care fees 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.
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 Planning Division notified, and a professional
archeologist, certified by the Society of California Archeology and/or the
PAGE 3 RESOLUTION NO. 93-16
10.
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.
Construction and grading operations, delivery of construction materials, and
warming up of grading and construction equipment 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 parts or all of the site during construction
of the project.
MI 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 of that phase except for items specifically excluded in
a Construction-Phases Occupancy Plan approved by the Planning and
Engineering Divisions. 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.
The road maintenance agreements for the units accessed by private roadway
networks shall be approved by the City Attorney and City Engineer prior to
recordation of the Final Map. The road maintenance agreement shall also
include maintenance of the project soundwall, project signage and
landscaping not included in the Town Lighting and Landscaping District.
The Planning Commission shall approve the Development Plan/Minor
Subdivision applications for the Daniels and Marquis parcels.
This project shall be developed in a manner consistent with all conditions
of Preliminary Development Plan approval (PUD 89-4) unless expressly
modified by conditions contained herein.
Approval of Vesting Tentative Map 7646 does not include subdivision of lots
30 and 31 (Vesting Tentative Map).
PAGE 4 RESOLUTION NO. 93-16
,~, B. SITE PLANNING
All project lighting shall be installed in such a manner that glare is directed
away from surrounding properties and rights-of-way.
The individual air conditioning condensers serving each unit in this project
shall be ground mounted, shall be located behind residential fencing and
shall be situated so as to maintain a minimum 5 feet clear and level passage
on side yards.
3. The future subdivision of lots 12, 30 and 31 shall be consistent with the
Final Development Plan and the minimum standards of the R-10 Zoning
District.
LANDSCAPING
The Final Landscape and Irrigation Plans (with planting shown at 1"=20'
scale for detailed areas, over all plans shall be at 1" =40' scale) shall be
submitted for review and approval by the Parks/Recreation and Maintenance
Departments prior to approval of the Final Map.
The final landscape plans shall include details and sPecification of the
architectural soundwall to be installed along the Camino Tassajara frontage
approximately 23' from the face of curb. The soundwall shall be a private
facility, with maintenance responsibility lying with the private individual
homeowner's.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition.
The Final Map shall identify through a separate parcel, the area at the
northwest side of Sherburne Hills Road that is to be maintained by the
Town Lighting and Landscape Maintenance District.
All street trees and trees within the entry and the median areas 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. The landscape
treatment adjacent to Camino Tassajara shall utilize 24" and 36" box trees.
6. Existing trees on the site shall be pregewed to the extent practical.
PAGE 5 RESOLUTION NO. 93~16
D.
Removal Will be allowed only upon prior written approval from the
Planning Division. Existing trees and vegetation within the Sycamore Creek
shall be preserved to the greatest extent practicable. Removal of the
vegetation will be allowed only upon receipt of written approval of the
Town of Danville.
The developer shall be responsible for the installation of a water meter to
serve the landscape area along Camino Tassajara and the entry landscape
which will be included within the Town Landscape and Lighting
Maintenance District.
The Final Creek revegetation plan shall be reviewed and approved by the
Parks and Planning Division prior to approval of the Final Map. (Mitigation
Measure)
0
The final landscape plan shall include an arborist report which addresses
the proposed work adjacent to the tree in the creek area adjacent to lots #
22 and #26. (Vesting Tentative Map) (Mitigation Measure)
The developer shall provide a bond for landscaping in the revegetated creek
area to guarantee a minimum two years growth. The bond shall be provided
prior to filing of the final map for the project. (Mitigation)
ARCHITECTURE
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 final architectural designs for the production homes shall be approved
by the Design Review Board. If the final designs are substantially different
from the designs previously approved they shall be subject to review by the
Design Review Board.
°
The lighting for internal and perimeter roadways shall be submitted for
review and approval of the Planning Division prior to recordation of the
final map.
4. The residences proposed for future development on Lots 12, 30 and 31
PAGE 6 RESOLUTION NO. 93-16
shall match the product type approved for the entire project. If a different
architectural design is proposed, it shall be consistent with the overall theme
of the project and will require Design Review Board Approval. (Vesting
Tentative Map)
Prior to the issuance of building permits, samples of final colors and
materials selected for each individual structure shall be submitted to the
Design Review Board for review and approval. The use of masonite,
pressboard as exterior siding, or their equivalent, is expressly prohibited.
GRADING
Any grading on adjacent properties will require written approval of those
property owners affected.
The grading illustrated on the final development plan for lots 30 and 31
is not approved with this entitlement. Lot specific grading plan shall be
submitted with the individual home designs for those lots. (Final
Development Plan)
All development shall be completed in compliance with the 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. Any revised soils reports shall
be subject to a third party consultant review. Ail expenses of that review
shall be incurred by the developer.
Ail proposed grading shall be carried out in accordance with the "Grading
and Erosion Control Requirements" as set forth in the Sycamore 'Valley
Specific Plan and the Town of Danville Grading Ordinance.
Grading and land preparation shall be restricted to the period of April 15
to October 15 to minimize erosion and depositing of gedimentg, except as
PAGE 7 RESOLUTION NO. 93-16
may be authorized in writing by the City Engineer. All exposed erodible
slopes resulting from grading activities shall be hydromulched or otherwise
stabilized by the developer by October 15.
¸7.
All grading plans shall be accompanied by erosion control and revegetation
plans. Said plans shall be prepared consistent with Grading and Erosion
Control requirements set forth in the Sycamore Valley Specific Plan.
8. The soils engineer shall sign the final grading plans.
Each lot shall be so graded as not to drain on any other lot or adjoining
property prior to being picked up by an approved drainage system.
10.¸
The developer shall confer with the City Engineer prior to the preparation
improvement plans in order to determine appropriate measures to convey
rear yard and downspout drainage of the lots within the project.
STREETS
The developer shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
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
Police Department.
o
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 State
of California, Title 24 and as may be required by the City Engineer.
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.
PAGE 8 RESOLUTION NO. 93-16
Go
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
°
The developer shall be responsible for the design and construction of the
traffic signal at Sherburne Hills Road and Camino Tassajara. The signal
shall be operational prior to occupancy of any residential units within the
proposed project. The installation of this facility appears to benefit
properties not under the control of the subdivider. Per Town Ordinance
No. 76-85, the subdivider may apply to Town Council for the creation of a
benefit district whereby the subdivider may receive reimbursement from
properties benefiting from the improvements, but not participating in the
construction costs. The Town staff will assist in the processing of the
necessary documents and support the creation of a benefit district based
upon an equitable distribution of costs. (Mitigation Measure)
°
Abutter's rights of access along the project's Camino Tassajara front.age,
except for the intersection area shall be relinquished to the Town.
°
The developer shall be responsible for the design and construction of
frontage improvements at the Sherburne Hills Entry [)rive. These
improvements shall include, but are not limited to, curb, gutter, sidewalk,
pavement, street lighting and shall conform to the typical roadway standards
on the Final Development Plan.
10.
The developer shall be required to bring the existing structural street
section and surface pavement to a standard acceptable to the City Engineer
starting at the Sherburne Hills Road bridge to the terminus of this project
frontage on Sherburne Hills Road as indicated on Vesting Tentative Map
7646. These improvements shall be required prior to occupancy of the unit
on Lots 30 through 33. (Final Development Plan)
INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
PAGE 9 RESOLUTION NO. 93-16
10.
11.
Sewer disposal service for new units developed in the project shall be
provided by the Central Contra Costa Sanitary District in accordance with
the requirements of the District.
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.
Off-site drainage flows shall be intercepted at the 'project boundary via an
approved storm drain facility~ or as approved by the City Engineer.
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 lease double the depth of the storm drain.
The developer shall comply with all relevant requirements of the Contra
Costa County Flood Control District, Army Corps of Engineers, and the
Department of Fish and Game. On the basis of approval of the Flood Study
and prior to Final [Sevelopment Plan and Subdivision Map submittal for this
project, the developer shall document securance of a Fish & Game Flood
Stream Alteration Permit.
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 utiliw company standards, or in public streets.
PAGE 10 RESOLUTION NO. 93-16
12. All public improvement plans shall be prepared by a licensed civil engineer.
13.
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:
a0
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 off-site 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,
bo
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
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.
14.
The 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 improvement plans.
15.
In accordance with Section 92.2006 of the City Ordinance Code, this project
shall conform to the provisions of the City Subdivision Ordinance (Title 9).
Any exceptions therefrom must specifically be listed in the conditions of
approval established for the Tentative Map approved for this project.
16. The developer shall be responsible for the installation of gtveot light
PAGE 11 RESOLUTION NO. 93-16
17.
18.
19.
standards and luminaries with the design, spacing height, lighting intensity
and locations subject to approval by the City Engineer. Low height light
standards may be utilized if deemed acceptable by the City Engineer and the
Chief of Planning.
Storm drains shall be placed in streets wherever possible and the plan shall
be designed so that this can be accomplished without the pipes being
excessively deep.
Storm drain facilities shall be designed to channel water into natural
drainage ways. Outfall lines should be designed to carry water from the
edge of developed areas to energy dissipaters at nearby creekbeds in order
to minimize erosion that will occur if outlets are placed at the top of slopes.
The energy dissipaters shall be designed to incorporate a back flow device
to minimize Creek water flooding of public rights-of-ways.
The developer shall be responsible for the construction of all drainage
structures within the property to conform to the SycamOre Creek Floodway
Plan.
20.
Proposed drainage discharge points to Sycamore Creek shall be designed
to conform with requirements of Contra Costa County Flood Control
District and the Town of Danville.
21.
All closed conduit drainage systems shall be designed with self-cleaning flow
velocities (not less than 2 FEET PER SECOND).
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
PAGE 12 RESOLUTION NO. 93-16
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.
The developer shall comply with the recommendations of the Hydraulic
study and improvements required to the satisfaction of the Contra Costa
County Flood Control District, the City Engineer and the Department of Fish
and Game.
The developer shall submit a list of proposed street names and a draft
addressing scheme for review and approval by the Planning Department
prior to recordation of a Final Map.
The Final Subdivision Map for this project shall incorporate a 30 foot
minimum width public trail access easement on the south side of the
Sycamore Creek and a 30 foot minimum width public trail access easement
on the north side which shall be offered for dedication to the Town of
Danville and/or East Bay Regional Park District. Both easements will be
contained within the County Flood Control parcel.
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 issuance of building
permits.
At the time of approval of the Final Map, the project developer shall pay to
the Town of Danville the Sycamore Valley Fee Benefit District fee (each unit
not contained in the Sycamore Valley Assessment District)developed on the
property. APN: 217-010-023 & 024 are participants in the Sycamore Valley
Assessment District. New lots created on those parcels are subject to the
density increase fee for new units not envisioned in the Sycamore Valley
Specific Plan and are obligated to either pay off the current SVAD
assessment Or reapportion that amount between the new lots created on that
property.
If the Contra Costa Flood Control District does not accept the offer
of dedication of Parcels A an B, the Developer shall provide an interim
creek maintenance program and agreement obligating project property
PAGE 13 RESOLUTION NO. 93-16
owners to maintain the creek until acceptance by the County Flood Control
District. A letter indicating the County Flood Control District intent to accept
dedication of Parcels A and B or the interim creek maintenance plan and
agreement shall be submitted for approval by the City Engineer prior to
approval of the Final Map.
The applicant shall submit a copy of the approved Department of Fish and
Game permit to the City Engineer prior to isSuance of a grading permit.
10.
The developer shall be responsible for construction of the pedestrian trail
prior to occupancy of the first unit in the development or payment of an in
lieu fee prior to approval of the final map. The final location of the trail
(north or south side of the creek) or the amount of the in lieu fee shall be
determined by the Parks and Leisure Services Commission prior to approval
of the Final Map.
PASSED, APPROVED AND ADOPTED THIS 13th day of April, 1993 by the following vote:
AYES:
NOES:
ABSTENTION:
ABSENT:
Bowlby, Hunt, Jameson, Murphy, Osborn, ¥ilhauer
Arnerich
pgpz 16
PAGE 14 RESOLUTION NO. 93-16