HomeMy WebLinkAbout93-29 EXHIBIT A
RESOLUTION NO. 93-29
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION
OF ENVIRONMENTAL SIGNIFICANCE AND APPROVE PRELIMINARY
DEVELOPMENT PLAN o REZONING PUD 93-03 AND FINAL
DEVELOPMENT PLAN - MAJOR SUBDIVISION SD 7850
(APN: 200-170-007 -- STRINGER)
WHERF~S, The Stringer Company, Inc. has requested approval of a Preliminary
Development Plan - Rezoning request and a Final Development Plan - Major Subdivision
request on a 2.1 acre site to rezone the property from R-15; Single Family Residential
District to P-l; Planned Unit Development District and to subdivide the property into 18
single family parcels; and
WHEREAS, the subject site is located at 281 West El Pintado Road and is identified as
Assessor's Parcel Number 200-170-007; and
WHEREAS, the Town of Danville Planned Unit Development Ordinance requires the
approval of a Preliminary Development Plan - Rezoning and a Final Development Plan -
Major Subdivision request prior to the recordation of a final map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on June 22, 1993; and
WHEREAS, the public notice of this action was given in all respects required by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend the Town Council adopt a Negative Declaration of Environmental Significance
and 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 grant of a Negative Declaration of Environmental Significance for the project and
approve the Preliminary Development Plan - Rezoning and Final Development Plan -
Major Subdivision requests per the conditions contained herein, and makes the following
findings in support of the Preliminary Development Plan - Rezoning request:
PAGE I OF RESOLUTION NO. 93-29
1. The proposed rezoning will substantially comply with the General Plan.
o
The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed.
and be it further
RESOLVED that the Planning Commission of the Town of Danville makes the following
findings in support of their recommendation pertaining to Final Development Plan - Major
Subdivision request:
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 18 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.
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.
PAGE 2 OF RESOLUTION NO. 93-29
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior to the
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 Preliminary Development Plan - Rezoning (PUD 93-03)
and Final Development Plan - Major Subdivision requests (SD 7850) to
rezone the property from R-15; Single Family Residential District to P-l;
Planned Unit Development District and to subdivide the property into 18
single family lots. Development shall be substantially as shown on the
project drawings as follows, except as may be modified by conditions
contained herein;
ao
Vesting Tentative Map - Preliminary and Final Development Plan
Subdivision 7850, as prepared by Aliquot, date received by the
Planning Division on June 17, 1993.
Preliminary Landscape Plan as prepared by Samson Associates
Landscape Architects, dated received by the Planning Division on May
20, 1993.
C0
Preliminary Architectural Plans as prepared by Richardson-Nagy-
Martin, consisting of nine sheets, dated received by the Planning
Division on May 20, 1993.
The developer shall pay any and all Town and other related fees that the
property may be subject to. These fees shall be based on the current fee
schedule in effect at the time the relevant permits are secured. Notice
should be taken specifically of the Town's Transportation Improvement
Program (TIP) fee, Park Land in-lieu 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 June 1, 1993 .
PAGE 3 OF RESOLUTION NO. 93-29
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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.
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 otherwise approved in writing by the Chief Building Official.
At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site and to the homeowner associations of
nearby residential projects that construction work will commence. The
notice shall include a list of contract persons with name, title, phone
number and area of responsibility. The person responsible for maintaining
the list shall be included. The list shall be kept current at all times and shall
consist of persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
All 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
PAGE 4 OF RESOLUTION NO. 93-29
prior to occupancy except for items specifically excluded in a Construction-
Phases Occupancy Plan approved by the Planning Division. 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.
SITE PLANNING
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
The location of any pad mounted transformers shall be subject to approval
by the Planning Division prior to the issuance of a building permit.
Generally sPeaking, such transformers shall not be located between any
street and the front of a building.
Setbacks for the units shall be as shown on the aforementioned project
plans with the following minimums:
a. Minimum 20 foot front setback.
Minimum 5 foot sideyard setback, with a minimum 10 foot building
separation.
c. Minimum 12 foot rearyard setback.
Prior to the recordation of the final map for the project the applicant shall
develop language, to be recorded to run with the deed to the properties,
which set standards to regulate setback requirements related the
construction of accessory structures (e.g., gazebos, and hot tubs), and the
construction of structures attached to the home (e.g., decks, patio covers
and trellises). The language of the standards shall be subject to review and
approval by the Town.
Uses allowed within this district shall be governed by the allowable uses and
conditional uses establishes under the R-6; Single Family Residential District
Ordinance.
The tentative map shall be revised so that Lot 17 takes access from the
interior project private road, utilizing a flag lot to extend between Lots 16
and 18, rather than from West El Pintado.
PAGE 5 OF RESOLUTION NO. 93-29
C. LANDSCAPING
* 1.
Final Landscape and Irrigation Plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Planning Division. The
plan shall include common names of all plant materials and shall indicate
the size that various plant materials will achieve within a five year period of
time.
All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation shall
comply with Town of Danville Landscape Ordinance #91-14 and shall be
designed to avoid runoff and overspray, and have an irrigation efficiency of
.625 or better.
All trees shall be a minimum of 15 gallon container size and properly
staked. Shrubs not used as ground cover shall be a minimum of 5 gallons
is size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover.
The landscaped areas within Lot 17, including all landscaping between the
unit and the corner and the landscaping along West E1 Pintado to Lot 18,
and the landscape areas within Lot !, east of the units east sideyard fence,
shall be contained within a landscape maintenance easement. The
maintenance agreement, to include all property owners within the
development, shall include provisions to assure the ongoing maintenance
of these areas in a healthy growing condition.
Additional landscaping, primarily made up of larger trees, shall be provided
along the project's western boundary. The exact location and type of trees
shall be subject to review and approval by the Planning Division as part of
the submittal of the final landscape plans for the project.
A project ,fence or wall shall be constructed along the project's west
property line. The design of the fence or wall shall be subject to review and
approval by the Planning Division as part of the submittal of the final
landscape plans for the project.
The removal of eight Oak trees and one Redwood tree, as shown on the
above referenced tentative map, is authorized by this permit. The remaining
three protected Oak trees, located near the property's west property line,
PAGE 6OF RESOLUTION NO. 93-29
shall be preserved. The mitigation measures prescribed within the Tree
Report for the site titled "Tree Evaluation & Preservation Recommendations",
as prepared by Treescapes, Inc., dated May 12, 1993, shall be utilized to
assure the long term health of these trees. In compliance with the Town's
Tree Protection Ordinance, a security in the amount of $5,000.00 shall be
posted with the Town to assure the preservation of these trees. The security
shall be returned upon verification of the health of the trees following two
full growing seasons after project completion.
Proposed Coast Redwood trees shall be planted a minimum of 10 feet from
walls, overhangs, fences, walks or drives. Street trees and secondary canopy
trees shall be planted a minimum of 4 feet from adjacent pavement and/or
curbs.
10.
The proposed secondary canopy tree, Raywood Ash, shall be replaced with
Chinese Hackberry (Celtis Sinensis).
11.
In compliance with the Town's Landscape Guidelines, proposed lawn within
the project shall be reduced to a maximum of 25 percent of proposed
landscaped areas.
12.
All Proposed ground cover shall be placed so that they fill in within two
years.
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. The highest point of any roof mounted equiPment shall not
extend above the top of the equipment well.
The street numbers of the buildings shall be posted so as to be easily seen
from the street at all times, day and night.
If signing for the development is desired, in addition to any signs approved
as part of this application, a comprehensive sign program shall be submitted
to the Town for consideration under a separate application.
The left elevations of all units shall be modified to add additional
architectural details. Additional details should include high windows, above
the line of sight, which will allow additional light into the units while not
'PAGE 7 OF RESOLUTION NO. 93-29
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reducing privacy.
Revised color pallets shall be developed which introduce additional colors
to the project. Proposed final colors for the units shall be submitted for
review and approval by the Design Review Board prior to the issuance of
building permits for the project.
Final architectural plans, details and revisions shall be submitted for review
and approval by the Design Review Board prior to issuance of building
permiis for the project.
The applicant shall develop an agreement which will limit the initial sale
price of the two proposed affordable units to be developed on two lots
within the project to a total which does not exceed the upper limit of the
"moderate" income housing range for a four person moderate income
household, as established by ABAG and HUD. The agreement shall specify
the maximum income of the buyers, regulate terms of occupancy, resale or
any other restriction deemed necessary to assure the continued affordability
of the units to moderate income households for a minimum term of fifteen
(15) years. The formal agreement between the developer and the Town
shall be subject to review and approval of the City Attorney and the Chief
of Planning and shall be approved by the Town Council prior to approval
of the Final Map for the project.
The size of the second bedroom within Plan 3, the affordable unit, shall be
increased to be large enough to reasonable accommodate double
occupancy. The final design shall be subject to review and approval by the
Planning Division and the Design Review Board.
The affordable unit proposed to be located on Lot 18 shall be moved to be
located on another lot within the interior of the subdivision.
E. PARKING
The area near the south side of the project entry, currently shown as part
of Lot 1, shall be modified to provide three parallel parking spaces. The
exact location and design of these parking spaces shall be subject to review
and approval by the Planning Division.
The driveway aprons for Lots 17 and 18 shall be modified to have a
minimum width of 18 feet, providing parking for two cars.
PAGE 8 OF RESOLUTION NO. 93-29
F. 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.
Development shall be completed in compliance with a 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.
The maximum height of the proposed retaining wall in the rear yards of
Lots 9 & 10 shall' be three feet.
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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.
Street signing shall be installed by the developer as may be required by the
City 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.
Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
PAGE 9 OF RESOLUTION NO. 93-29
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.
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 private interior streets proposed shall be improved to public street
structural standards and shall include the installation of some type of private
street lighting. The street section shall be modified to have a paved width
of 28 feet with a 4.5 foot sidewalk on the north side. This section will allow
two ten foot drive lanes and eight feet of space for parking to be on the
north side of the street. Parking shall be prohibited on the south side of the
street. Signage or red curbs shall be utilized to enforce this restriction as
is determined necessary by the City Engineer and the San Ramon Valley Fire
Protection District.
West E1 Pintado shall be improved to Town standards along the frontage of
this subdivision with the installation of paving, curb & gutter, sidewalk and
street lighting. West E1 Pintado is a 40' curb to curb street within a 60' wide
public right-of-way. Street dedication will be required.
A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to Final Map
approval.
The proposed 24 foot wide private road section, fronting Lots 8 thru 10,
shall be modified to provide a 28 foot wide road section. This will allow
parking on one side of this street. Final design shall be subject to review
and approval by the Planning Division.
10.
An access easement, allowing access for the adjacent property to the north
shall be established over the private road system within this subdivision.
INFRASTRUCTURE
Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
PAGE 10 OF RESOLUTION NO. 93-29
10.
11.
12.
13.
Sewer disposal service shall be provided by thc 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 pr'oject boundary via an
approved storm drain facility, or as approved by the Town.
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.
The 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.
All 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.
PAGE 11 OF RESOLUTION NO. 93-29
14.
The developer shall mitigate the impact of additional stormwater runoff
from this development on the San Ramon Creek watershed by either of the
following methods:
ao
Removing 1 cubic yard of channel excavation material from the
inadequate portion of San Ramon Creek near Chaney Road for each
50 square feet of new impervious surface area created by the
development. All excavated material shall be disposed of offsite by
the developer at his cost. The site selection, land rights, and
construction staking will be determined by the Flood Control District.
OR, AT THE OPTION OF THE DEVELOPER,
Contribute to the County Deficiency Development Fee Trust (Fund
No. 812100-0800) a drainage fee of $0.10 per square foot of new
impervious surface area created by the development. Within 12
months of receipt of the contribution, the Flood Control District will
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.
15.
Except as follows, the storm drainage facility within the boundaries of this
subdivision are to be privately maintained. The storm drain system, from
the last downstream manhole, located between Lots 7 & 8 and to the west
off-site shall be built to public standards and publicly maintained. This off-
site system requires that this subdivider obtain the necessary temporary and
permanent easement rights at no expense to the Town. Adequate provisions
for this storm drainage system right-of-way shall be provided to the
satisfaction of the City Attorney prior to Final Map approval by Town
Council.
16.
The location of the storm drain system shall be modified to run between
Lots 7 & 8, adjacent to the proposed sewer line, instead of between Lots 8
& 9 as shown on the aforementioned tentative map. Final design shall be
subject to review and approval by the Town Engineering Division.
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
PAGE 12 OF RESOLUTION NO. 93-29
* 2.
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
for condemnation. Such acquisitions shall be commenced prior to the
developer's submittal of any final map. All costs associated with such
acquisition shall be borne by the developer.
APPROVED by the Danville Planning Commission at a Regular Meeting on June 22, 1993,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Bowlby, Jameson, Murphy, Osborn, Vilhauer, Arnerich
Hunt
Cth~airm~n
APPROVED AS TO FORM:
C~y Attorney
pdcz51
PAGE 13 OF RESOLUTION NO. 93-29