HomeMy WebLinkAbout93-34RESOLUTION NO. 93-34
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
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST PUD 93-2
(APN: 216-110-002 and 216-110-007 -- CHARLOTTE WOOD INTERMEDIATE
SCHOOL SITE AND #1 HARTZ COURT)
WHEREAS, Pacific Union Ventures has requested approval of a Preliminary Development
Plan - Rezoning request (PUD 93-2) on a 7.15+ acre site to rezone the property from P-l;
Planned Unit Development District to a new P-l; Planned Unit Development District for
a proposed residential development of 89 single family units; and
WHEREAS, the subject property includes the easterly portion of the vacated Charlotte
Wood Intermediate School site and #1 Hartz Court (owned by the Danville Community
Development Agency), fronting at the northwest corner of the intersection of Hartz Court
and Hartz Way (further identified as Assessor's Parcel Number APN 216-110-002 and 216-
110-007); and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires the
approval of a Preliminary Development Plan - Rezoning request prior to development; and
WHEREAS, the Planning Commission did review the project at a noticed public hearings
on July 13, 1993 and August 12, 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 Mitigated Negative Declaration of Environmental
Significance and approve the rezoning request; and
WHEREAS, the subject property abuts the 1-680 freeway, a designated scenic highway
under the State Scenic Highway Protection Plan; and
WHEREAS, the requested use of the property is consistent with the property's envisioned
land use and development intensity, as outlined in the adopted Danville Redevelopment
Plan whose boundaries include the subject property; and
WHERF~S, the Redevelopment Plan, approved and adopted by the Danville Community
Development Agency in July, 1986 (Ordinance No. 94), was subject of an Environmental
Impact Report (which has been considered in connection with the review of this project
and is included by reference in the environmental work for the subject project), which
was certified by the Town Council in July, 1986 (Town Council Resolution No. 57-86);
and
WHEREAS, the requested use of the property is consistent with the property's envisioned
land use and development intensity, as outlined in the adopted Downtown Master Plan
whose boundaries include the subject property; and
WHEREAS, the Downtown Master Plan, adopted by the Danville Town Council in
December, 1986, was subject of an Environmental Impact Report (which has been
considered in connection with the review of this project and is included by reference in
the environmental work for the subject project), which was certified by the Town Council
in November, 1986 (Town Council Resolution No. 106-86); and
WHEREAS, the requested use of the property is consistent with the property's envisioned
land use and development intensity, as outlined in the adopted Danville 2005 General
Plan; and
WHEREAS, the Danville 2005 General Plan, adopted by the Danville Town Council in
December, 1986, was subject of an Environmental Impact Report (which has been
considered in connection with the review of this project and is included by reference in
the environmental work for the subject project), which was certified by the Town Council
in October, 1987; and
WHEREAS, Pacific Union Ventures and the Danville Community Development Agency
executed a Preliminary Owner Participation - Real Property Sales Agreement (OPA) in
February, 1993 (CDA Resolution No. 1-93) addressing terms and conditions under which
this site could be developed; and
WHERF~S, the OPA was subject of a Negative Declaration of Environmental Significance;
and
WHEREAS, the OPA anticipated the need to install a sound wall in the Cai Trans right-of-
way for 1-680 to provide noise attenuation for the proposed project from vehicular noise
emanating from the freeway; and
WHEREAS, the proposed residential development will be exposed to a significant and
measurable increase in ambient noise level due to the freeway alteration currently under
construction (i.e., the 1-680 lane widening project) and anticipated increases in traffic flow
from current levels; and
PAGE NO. 2 RESOLUTION NO. 93-34
WHEREAS, the project developers will fully fund the masonry noise barrier, which is
planned to be constructed to Caltrans design and construction standards; and
WHEREAS, the pertinent section of masonry noise barrier along 1-680 was previously
approved for installation as part of the mitigation measures package for the 1-680
widening project (this section of the project was taken out of the construction project
upon the announcement that the Charlotte School Intermediate School then occupying
the site was to close and the site was to redevelop with a mixture of commercial uses -
not necessitating the installation of a masonry noise barrier); and
WHEREAS, a noise study was prepared for Caltrans in conjunction with the preparation
of the EIS for the freeway widening project and the study indicated the need for
installation of a masonry sound barrier in this location given the presence of the
intermediate school; and
WHEREAS, the 1-680 widening project was subject of an Environmental Impact Statement
(which is included by reference in the environmental work for the subject project), which
called for the installation masonry noise barriers at the edge of the freeway right-of-way
for the majority of the San Ramon Valley 1-680 corridor as a project mitigation measure
for identified noise impacts; and
WHEREAS, the Danville 2005 General Plan acknowledged the then impending
construction of sound walls as part of the 1-680 widening project; and
WHERF~S, Goal 21 of the Danville 2005 General Plan calls for the protection of existing
and future residents of Danville from hazards and nuisance associated with excessive
levels of noise by maintaining or reducing noise-intrusion levels in all areas of the Town
to acceptable levels; and
WHEREAS, in acknowledgement of Policy 21.01 of the Danville 2005 General Plan, a
noise report has been prepared for the project which outlines necessary noise mitigation
measures; and
WHERF~S, the noise report prepared for the project indicates a need to construct a
masonry noise barrier along the property's 1-680 frontage and a need to concurrently
utilize sound transmission control (STC) for windows of units in closest proximity to the
freeway to reflect sound transmission standards of the State Building Code; and
PAGE NO. 3 RESOLUTION NO. 93-34
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 adopt a Mitigated Negative Declaration of Environmental Significance for the
project and approve the Preliminary Development Plan - Rezoning request per the
conditions of approval contained herein, and be it further
RESOLVED that the Planning Commission makes the following findings in support of
their recommendation concerning the Preliminary Development Plan - Rezoning request:
The applicant has indicated an intent to start construction within eighteen months
of the effective date of the requested zoning change;
The proposed planned unit development is consistent with the Danville 2005
General Plan, the Downtown Master Plan and the Redevelopment Plan;
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The proposed planned unit development will constitute a residential environment
of sustained desirability and stability, and will be in harmony with the character of
the surrounding neighborhood and community;
The Initial Study prepared on the basis of the project application resulted in the
preparation of a Mitigated Negative Declaration of Environmental Significance
which indicates that, with the project conditions of approval, no significant
environmental impacts are anticipated to result from the proposed development;
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The Initial Study and Mitigated Negative Declaration of Environmental Significance
have been prepared and completed in compliance with the California
Environmental Quality Act CCEQA");
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The Planning Commission has reviewed and considered the information contained
in the Initial Study and Mitigated Negative Declaration of Environmental
Significance, together with public comments on such documents, and finds that
there is no substantial evidence that the project will have a significant effect on the
environment;
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The proposed planned unit development is consistent with
requirements of the Preliminary Owner Participation - Real
Agreement (OPA) covering the property; and
the intent and
Property Sales
PAGE NO. 4 RESOLUTION NO. 93-34
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 (thereby allowing a "De Minimus" finding).
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval. Conditions of approval typed in italicized text are mitigation
measures derived from the Mitigated Negative Declaration of Environmental Significance
prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
recordation of the initial 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 request (PUD
93-2) rezoning the subject 7.15+_ acre property from a P-l; Planned Unit
Development District to a new P-l; Planned Unit Development District for
a proposed single family residential development consisting of a maximum
of 86 units. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
Preliminary Landscape Plan, Site Plan, Pool Area Site Plan and Typical
Cluster Plan, consisting of three sheets (Sheets L-I, L-2 and L-3), as
prepared by Anthony M. Guzzardo & Associates, Inc. and dated
received by the Planning Division on July 9, 1993.
Preliminary Architectural Plans and Floor Plans, consisting of
seventeen sheets, as prepared by prepared McLarand, Yasquez &
Partners, Inc. and dated received by the Planning Division on July 9,
1993.
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Preliminary Grading and Drainage Plan, consisting of one sheet, as
prepared by McKay & Somps and dated April 23, 1993.
PAGE NO. 5 RESOLUTION NO. 93-34
Pursuant to the Preliminary Owner Participation Agreement and Real
Property Sales Agreement between Pacific Union Ventures and the Danville
Community Development Agency (CDA Resolution No. 1-93), the developer
shall pay the Town of Danville the sum of $116,500.00 in complete
satisfaction of its obligation to pay the following required fees;
·
·
·
·
·
·
·
Building;
Planning;
Engineering;
Child Care;
National Pollutant Discharge Elimination Systems (NPDES);
Transportation Improvement Projects (TIP); and
Parkland In-Lieu
TIP and Parkland In-Lieu fees for the project are waived. The schedule of
payments for the above-referenced sum shall be as outlined in the
Preliminary Owner Participation Agreement and Real Property Sales
Agreement.
The development shall pay the pertinent drainage acreage fees, as
established by the Contra Costa County Flood Control & Water
Conservation District. The fee paid shall based on the current fee schedule
in effect at the time the relevant permits are secured.
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 (SRVFPD) and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies. The SRVFPD's initial comments on this project are summarized
in part within their memorandum dated May 7, 1993.
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 (indicating
that 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.
PAGE NO. 6 RESOLUTION NO. 93-34
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10.
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land
alteration work within 100 feet of the find shall be halted, 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. If prehistoric archaeological deposits are discovered
during development of the site, local Native American organizations shall
be consulted and involved in making resource management decisions.
Construction activity shall be restricted to the period between the
weekday hours of 7:30 a.m. to _5:30 p.m. (Mondays through Fridays),
unless otherwise approved in writing by the City Engineer for general
construction activity and the Chief Building Official for building
construction activity.
The project developer shall provide security fencing, to the satisfaction of
the City Engineer, around the site during construction of the project.
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition,
and to locate stationary noise-generating equipment as far away from
existing residences as possible.
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, rifle, 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.
PAGE NO. 7 RESOLUTION NO. 93-34
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11.
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
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. A
temporary vehicular turnaround shall be provided at the end of the
completed section of loop roadway to allow separation of resident traffic
and construction traffic.
SITE PLANNING
Ail lighting shall be installed in such a manner that glare is directed
away from surrounding properties and rights-of-way.
Electrical transformers serving the project may be of an "on-grade" design.
The location of the transformers shall be subject to review and approval by
the Planning Division prior to the issuance of a building permit. To the
extent feasible, such transformers shall not be located between any street
and the front of a building.
The applicant shall develop language, to be included in the deed to the
properties, which establishes basic design guidelines for accessory
structures and sets standards to regulate setback requirements for the
accessory structures (i.e., gazebos, hot tubs, shade structures, etc.) and the
construction of structures attached to the principal (e.g., decks, patio covers
and trellises). The language of the standards shall be subject to review and
approval by the Planning Division a minimum of thirty days prior to
recordation of the final map.
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 at the time of the recordation of the initial final map for the
project.
PAGE NO. 8 RESOLUTION NO. 93-34
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Storage and collection of household trash, "green" waste and recyclable
materials shall be as generally detailed in the applicant's submittal dated
received by the Planning Division on August 12, 1993. Verification shall be
submitted in conjunction with the submittal of project improvement plans
that the pavement section for the areas which will carry trash collection
vehicles is appropriately sized/designed. The manner of storage and
collection of household trash, "green" waste and recyclable materials shall
be subject to review and approval by the Design Review Board prior to the
issuance of building permits for the project.
The following project revisions shall be reflected on the final development
plan/tentative map application submittal;
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The site plan layout shall be modified to be in substantial
conformance with the Design Review Board Preferred Site Plan, as
graphically depicted in the plans dated received by the Planning
Division August 6, 1993.
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Private yards for the four westerly units fronting along Hartz Way
shall be modified to have "clipped" corners, and make corresponding
adjustments to fencing locations, as follows;
For the westernmost of the four referenced units - clip the
southwestern rearyard (10' to 12' legs).
ii.
For the next unit to the east - clip the southeastern rearyard
(10' to 12' legs).
iii.
For the next unit to the east - clip the southwestern rearyard
(10' to 12' legs).
iv.
For the easternmost of the four referenced units - clip the
southeastern rearyard (10' to 12' legs).
Details for the proposed entry structure/sign at the principal entry
shall be supplied.
PAGE NO. 9 RESOLUTION NO. 93-34
The sidewalk in vicinity of the northwest corner of the
northwesternmost unit in the interior portion of the project shall be
reduced to a minimum functional width to maximize the landscape
setback for the unit situated at the corner.
Private yards on the north side of the two westernmost units fronting
along San Ramon Creek shall be modified to increase the width of
the creekside trail corridor as it transitions from the subject property
to the planned Public Library / Town Square facility to the west. The
precise dimensions of these yard areas shall be determined through
the final development plan/tentative map application submittal.
The east-west dimension of the grass area of the northerly common
recreation area shall be increased by moving the trail connection to
the creekside trail further to the east and by removing/relocating
some of the trees on the west side of the recreation area.
Unit 3R in the five-unit pod in the northeastern corner of the project
shall be rotated clockwise ninety degrees, if feasible, to access off the
main loop road and to allow the provision of two motor court
parking spaces for this motor court.
LANDSCAPING
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.
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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.
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A minimum of one-half of the project trees planted along the interior loop
roadway shall be 24-inch box specimen trees (354- trees). A minimum of
two trees per motor court shall also be 24-inch box specimen trees (404-
trees). All remaining trees shall be a minimum of 15 gallon container size.
All trees shall be properly staked. A minimum of 25% of the true shrubs
PAGE NO. 10 RESOLUTION NO. 93-34
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planted in the project (i.e., not including Lily of the Nile, Tawny Day Lily
and equivalent) shall be 10 or 15 gallon container size shrubs. All
remaining shrubs used in the project, which are not used as ground cover,
shall be a minimum of five gallons in size.
All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover shall be placed so that they
fill in within two years.
The final development plan/tentative map application submittal shall identify
with more clarity the existing on-site trees to be removed and those
proposed to be retained.
The tree preservation guidelines established in the tree survey performed
for this site (Tree Survey, Charlotte Wood School - Pacific Union Co. -
HortScience, Inc., April, 1993 - see pages 6 and 7) shall be incorporated
into the detailed site development plans. The tree survey shall be updated
to provide tree-specific preservation measures for those existing trees to
be retained within the project. The recommendations of this
supplemental report shall be incorporated into the final design and
construction of the project.
Prior to approval of a tentative map for the project, the project sponsors
shall provide for the preparation of a supplemental tree study that focuses
on the trees at the periphery of the site that are slated either to be retained
in the project or are considered by the Chief of Planning to be candidates
to be transplanted. The corrective/preventative work outlined in this tree-
by-tree study shall be performed according to the recommendations
indicated by the study, especially as regards timing in the calendar year and
timing prior to initiation of any site work.
To the extent that any existing riparian vegetation exists, it shall be
preserved to the maximum degree possible in its present natural
condition. This objective shall be achieved by imposing appropriate
building setbacks along the creek and limiting structural drainage
improvements to the channel to those that will result in minimal removal
or damage riparian vegetation. Any construction work done in the creek
associated with the development of this project shall be accompanied
with creek vegetation modification to eliminate non-native, "exotic"plant
material in favor of planting native l~lant sl)ecies.
PAGE NO. 11 RESOLUTION NO. 93-34
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If site construction activity occurs in direct vicinity of the on-site and off-
site protected trees located in the northeast corner of the project (see
project tree survey), a security deposit in the amount of $_5,000.00 shall
be posted with the Town in compliance with the Town's Tree Protection
Ordinance to assure the preservation of the trees. The security deposit
shall be returned upon verification of the health of the trees following two
full growing seasons after project completion.
10.
In compliance with the Town's landscape guidelines, proposed common
maintenance lawn areas within the project shall not exceed a maximum of
25 percent of proposed common landscaped areas.
11.
The type of interlocking pavers and concrete curbing/banding utilized in the
motor court areas shall be subject to review and approval by the Design
Review Board in conjunction with the review of the final landscape and
irrigation plans.
12.
The fencing details shown on Sheet L-1 of the plan submittal (Preliminary
Landscape Plan and Site Plan) shall be modified to reflect use of pressure
treated douglas fir fence posts and kick boards, or a Town approved
equivalent. Fence posts for "typical perimeter fences" shall be changed to
a 4"x 6" dimension.
13.
The applicant shall diligently pursue the necessary approvals through
CalTrans to secure right of entry and the appropriate landscape
easement/license to be able to install, at the applicant's cost, off-site
landscaping within the State-controlled freeway right-of-way for the entire
length of the property's easterly property boundary, or for that area
deemed appropriate upon review of the final landscape and irrigation
plan developed for this area. Plant materials and planting ratios utilized
shall be subject to review and approval by the Planning Division.
Irrigation shall be by a drip irrigation system, the design of which shall
be acceptable to the Town and CalTrans, that can be abandoned once the
planting material has established itself (estimated to be between three
and five years).
PAGE NO. 12 RESOLUTION NO. 93-34
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D. 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 structures. Meter and air conditioning condenser locations shall be
generally as shown on the applicant's plan detail dated received by the
Planning Division on August 12, 1993, subject to final review and approval
by the Design Review Board.
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The street numbers for each structure in the project shall be posted so as
to be easily seen from the street at all times, day and night.
A revised color pallet shall be developed which yields more "depth" for
exterior colors. The proposed color pallet 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
permits for the project. A minimum of five different units, each with a
minimum of two elevation types, shall be developed in the project.
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The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting of exteriors of the units
in this project.
Louisiana-Pacific's inner-seal siding system may be considered for use as
one of the project's exterior siding materials. Use of this siding system shall
be subject to final review and approval by the Design Review Board.
Architectural stone used on the exteriors of the proposed units shall be E1
Dorado Stone "River Rock" and "Ledge Stone", or a Design Review Board
approved alternate.
Sectional roll-up garage doors used in the project shall be of a uniform
design.
PAGE NO. 13 RESOLUTION NO. 93-34
The construction details of the proposed porch areas and the proposed pot
shelfs shall be submitted to the Design Review Board for review and
approval prior to the issuance of building permits.
10.
Unless otherwise authorized by the Design Review Board, roofing materials
shall be 40 year architectural grade composition shingles. Roof ridges shall
be double layered with the shingles.
PARKING
Regulatory signage/curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
Garage areas provided to each unit in the project shall be kept clear to
allow continuous utilization as two-car parking areas. Enforcement shall be
the responsibility of the project homeowner's association. Requirements
pertaining to the use of garage areas and the appropriate use of the motor
court areas (e.g., restriction of parking in the open area in front of the
garages of unit type 4 and 4R, restrictions on the term of use of the two-
space parking areas in each motor court, etc.) shall be addressed in detail
and regulated through project-specific covenants, conditions and restrictions
(CC&Rs).
Parking supplied in immediate proximity of the pool recreation area shall
be not be assigned for exclusive use by any project resident and shall be
used in such a manner as to maximize its availability by those residents and
guests utilizing the pool recreation area.
GRADING
Any grading on adjacent properties will require written approval of those
property owners affected.
Development shall be completed in compliance with a detailed soils
report and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
PAGE NO. 14 RESOLUTION NO. 93-34
Engineering and Planning Divisions.
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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 City Engineer. It shall
be accompanied by an engineering and geological opinion as to the safety
of the site from settlement and seismic activity.
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting
construction primarily to the dry months of the year (May through
October) and, if construction does occur during the rainy season, the use
of sediment traps and other devices to minimize erosion.
A watering program which incorporates the use of a dust suppressant,
and which complies with the Bay Area Air Quality Management District's
Regulation 2, shall be established and implemented for all on and off-site
construction activities. Equipment and manpower for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
Ail new development shall be consistent with modern seismic design for
resistance to lateral forces. All new development shall be in accordance
with the Uniform Building Code and Town of Danville Ordinances.
Ail cut and fill areas shall be appropriately designed to minimize the
effects of ground shaking and settlement.
The primary geotechnical considerations for this site are: (1) soft soils
starting at depths of 1.5 to 20feet; (2) expansive surface soils; (3) possible
total and differential settlements resulting from anticipated structural
loads; (4) proper site grading and subgrade preparation, including
replacement of any existing undocumented fill at the existing building
locations and proper backfill of voids resulting from demolition activities;
and. (5) providing setbacks to reduce possible effects of creek bank
instability on the planned development. These considerations shall be
handled substantially as described in the recommendations section of the
June 24, 1993 Kleinfelder report (pages 7 through 1_5).
PAGE NO. 15 RESOLUTION NO. 93-34
The final map for the project shall serve to create a maintenance easement
(five foot minimum width) at the eastern edge of the property at the base
of the existing retaining wall. The easement shall be located in a manner,
and of a dimension, as determined necessary by the City Engineer and
Caltrans and shall provide for the needs of Caltrans, or its assignee, to
provide both normal maintenance and emergency maintenance of the
retaining wall. The presence and purpose of the easement shall be
disclosed to initial purchasers through appropriate escrow notification.
10.
Individual deeds to parcels of the property shall include a statement
acknowledging all geotechnical reports by rifles, author (firm), and dates,
calling attention to recommendations, and noting that the report is available
to prospective buyers from the applicant. The statement shall be subject to
review and approval of the City Attorney.
11.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations and extent of the
contamination shall be determined. Runoff from any contaminated soil
shall not be allowed to enter San Ramon Creek. Suitable disposal and/or
treatment of any contaminated soil shall meet all federal state and local
regulations.
12.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
G. STREETS
* 1.
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.
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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
Planning Division and the Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or water-flushed each day.
PAGE NO. 16 RESOLUTION NO. 93-34
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 applicant. 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.
Handicapped ramps shall be provided and located as required by the City
Engineer.
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 have a paved width of 28 feet and
shall have a 4.5 foot width sidewalk provided for one side of the entire
interior loop. This section will allow two ten foot drive lanes and eight feet
of space for parking to be on one side of the street. Parking shall be
prohibited on the other side of the street. Parking regulatory signage
and/or red curbs shall be utilized to enforce this restriction, if determined
necessary by the City Engineer and the San Ramon Valley Fire Protection
District.
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 developer shall pay up to a maximum of $765,000.00 as its fair-share
cost of off-site traffic improvements to mitigate identified environmental
impacts related to traffic. Said contribution shall be applied towards the
construction of off-site improvements set forth in the Preliminary Owner
Participation Agreement and Real Property Sales Agreement (OPA).
Payment shall be made in the manner specified in the OPA. The project
list to be covered by said contribution includes the following;
PAGE NO. 17 RESOLUTION NO. 93-34
·
·
·
·
·
San Ramon Valley Boulevard/Hartz Avenue/Railroad Avenue
Intersection Improvements
Hartz Way Street Improvements
Front Street Widening
Diablo Road/West E1 Pintado Road Traffic Signal
Open Space Landscaping
San Ramon Creek Trail Improvements
INFRASTRUCTURE
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD. EBMUD's
initial comments on this project are summarized within their memorandum
dated May 5, 1993.
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
CCCSD's initial comments on this project are summarized within their letter
dated May 19, 1993.
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 & Water Conservation District (CCCFC & WCD). A CCCFC & WCD
permit for any work in San Ramon Creek and for the proposed
modifications to drainage facilities within CCCFC & WCD right-of-way shall
be secured. The existing outfall facilities in San Ramon Creek near the
northeast corner of the subject property shall be utilized for this project,
unless otherwise authorized by CCCFC & WCD and the City Engineer.
Ail required improvements to area creeks for drainage purposes shall
meet the requirements of existing Town of Danville, Contra Costa County
Flood Control & Water Conservation District, the Department of Fish &
Game, the Department of U.S. Fish and Wildlife, and the United States
Army Corps of Engineers codes and policies.
Ail 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.
PAGE NO. 18 RESOLUTION NO. 93-34
A hydrology/hydraulic study of the project's drainage basin shall be
performed during preparation of project improvement plans to confirm
the findings presented in the preliminary hydraulic study. The study shall
address the impacts associated with the contribution of additional water
to the existing drainage system and indicate what is required to improve
and complete the system to handle the expected ultimate peak water flow
and to stabilize erosive banks that could be impacted by additional
storm water flow. This study shall also verify the house pads will be
above the l O0-year flood plain considering ultimate development of the
San Ramon Creek watershed and backwater effects through the in-tract
drainage system.
Development which proposes to contribute additional water to existing
drainage system shall be required to complete a hydrologic study and
make improvements to the system as required to handle the expected
ultimate peak water flow and to stabilize erosive banks that could be
impacted by additional storm water flow.
The following hydraulic information for the project shall be submitted for
review and approval by the City Engineer and the Hydraulics Unit of
Caltrans;
Hydrology/Drainage report with maps outlining on and off site
watershed
Drainage design calculations
- Backwater surface profile through Caltrans' right-of-way crossing
Route 680
Typical section of the proposed development adjacent to
Caltrans' right-of-way
No encroachment permit for the proposed sound wall will be issued until
the required information has been prepared to the satisfaction of the City
Engineer and the Hydraulics Unit of Caltrans.
The project's responsibility to pay National Pollutant Discharge
Elimination System (NPDES) fees, as established by Town of Danville
Ordinance No. 91-26, shall be per the provisions of the Preliminary Owner
Participation - Real Property Sales Agreement covering the site. The lots
established by this project shall be subject to the annual NPDES
assessment. A Storm Water Pollution Prevention Plan (SWPPP) shall be
PAGE NO. 19 RESOLUTION NO. 93-34
10.
11.
12.
13.
14.
15.
16.
17.
prepared as part of the preparation of project improvement plans to
assure prevention of construction related silt and pollutants from leaving
the site and polluting the downstream water courses. The SWPPP shall
supplement the eros/on control plan prepared for the project.
Ifa common carwash area is created to serve the project, the waste water
created by washing cars shall be directed to the sewer collection system
rather than the storm water collection system, unless otherwise
authorized by the SWPPP.
Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the Town.
Roof drainage shall be collected and conveyed by pipe (i.e., shall not be
emptied onto paved areas, concrete swales, other similar surface grade
dissipating devices). All site drainage shall be conveyed directly to the
project's storm drainage system.
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 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 Town 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 new utilities required to serve the development shall be installed
underground. Existing above-grade utilities on the Hartz Way frontage of
the subject property shall be relocated as required by the project, but are
not required to be placed underground.
PAGE NO. 20 RESOLUTION NO. 93-34
* 18. All public improvement plans shall be prepared by a licensed civil engineer.
19.
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:
Removing one 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 by the Contra Costa County Flood
Control & Water Conservation District.
OR, AT THE OPTION OF THE DEVELOPER,
bo
Provide a cash payment in lieu of actual excavation and removal of
material from the inadequate portion of San Ramon Creek near
Chaney Road. The cash payment will be calculated at a rate of $0.10
per square foot of new impervious surface area created by the
development. The added impervious surface area created by the
development will be based on the Contra Costa County Flood
Control & Water Conservation District's standard impervious surface
area ordinance.
20.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
21.
The Contra Costa County Flood Control & Water Conservation District
(CCCFC & WCD) shall be granted an easement across the subject property
to provide access from Hartz Way through the project to access the existing
CCCFC & WCD easement which used to outlet onto Hartz Court. The
easement shall have a minimum width of fourteen feet and any curves must
have at least a forty foot outside turning radius to guarantee CCCFC & WCD
maintenance vehicle access. The developer shall prepare a legal description
and plat map for the easement and make an offer of dedication to CCCFC
& WCD once the documents are approved by the CCCFC & WCD.
PAGE NO. 21 RESOLUTION NO. 93-34
I
22.
Prior to the recordation of the initial final map for the project,
documentation shall be submitted that the northern portion of the subject
property has been deeded by grant deed transfer to the Contra Costa
County Flood Control & Water Conservation District as called for by Minor
Subdivision MS 855-91 (must include the improved section of San Ramon
Creek and at least twenty-one feet of flat, unobstructed area between the
existing creek top of bank and the south boundary of the area of dedication
for use as an access road).
23.
The submittal for final development plan and tentative map applications
shall include typical preliminary drainage plans for individual private yard
areas (plans shall detail the area drains to be provided in a typical five-unit
motor court pod).
MISCELLANEOUS
Minor modifications to the Preliminary Development Plan - Rezoning may
be considered and approved through the Planning Commission review of
the project final development plan/tentative map application submittal.
Conditions of this approval may require the applicant to install public
improvements on land neither the applicant, not the Town, has easement
rights to allow the improvements to be installed. The applicant 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
applicant's submittal of any final map. All costs associated with such
acquisition shall be borne by the applicant.
°
To mitigate existing and future outdoor noise impacts to the planned
residential units in this project (and consistent with the findings and
recommendations of the project-specific noise study and the previously
prepared noise study for the 1-680 freeway widening project), the project
sponsors shall be responsible for the establishment of a noise attenuation
system which provides noise mitigation of existing and future freeway
noise at the levels indicated in Table 3 of the August 6, 1993 Salter noise
study (attenuation secured from use of a twelve foot high sound wall).
Ifa sound wall is ultimately selected as the noise attenuation system for
the project, the sound wall shall be constructed with a height in the eleven
PAGE NO. 22 RESOLUTION NO. 93-34
,5.
to twelve foot height range (as measured from the freeway hinge point)
and shall extend a minimum of lOO feet north of the north side of the 1-
680 crossing of San Ramon Creek, unless otherwise authorized based on
subsequent acoustical analysis, preparation of detailed project grading
plans and preparation of detailed sound wall construction plans. The
precise design and location of the noise attenuation system utilized shall
be subject to review and approval of the Town of Danville and Caltrans
(as applicable) prior to installation. The noise attenuation system
utilized shall be installed prior to occupancy of any units in the project.
To mitigate existing and future indoor noise impacts to the planned
residential units in this project (and consistent with the findings and
recommendations of the project-specific noise study and the previously
prepared noise study for the 1-680 freeway widening project), the project
sponsors shall be responsible for assuring installation of sound-rated
windows for all building facades that are exposed to a existing or future
CNEL above 60 dB. Sound-rated windows utilized shall yield indoor noise
levels of CNEL 4_5 dB for existing and projected noise levels. Ail units
necessitating use of sound-rated windows shall be designed with an
alternate method of supplying fresh air (e.g., mechanical ventilation)for
the rooms that require use of sound-rated windows.
Ail development shall be subject to the requirements of the San Ramon
Valley Fire Protection District.
As development occurs, the developer shall pay impact and capacity fees
for the above services as required by the respective districts.
Use of a private gated entrance is expressly prohibited. If, at some future
date use of a gated entry system is desired, its installation shall not occur
until a revised final development plan is secured detailing the precise design
and location of the system.
The project homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on-site roads, pedestrian ways, common landscape areas, common
fencing, the project recreation areas, internal roads and motor court and
parking areas, non-structural maintenance/upkeep of the existing retaining
wall along the subject property's eastern boundary, common drainage
facilities, and any project installed landscaping authorized to be installed in
PAGE NO. 23 RESOLUTION NO. 93-34
the adjoining section of the 1-680 right-of-way. The project CC&Rs shall be
submitted to the Town of Danville for review and approval a minimum of
30 days prior to recordation of the final map. The CC&Rs shall reference
the approved residential design guidelines (see Conditions # B-3) and the
measures to assure protection of on-site trees to be preserved (see
Condition #C-6).
The locations where trash and recycling containers are placed by individual
residents for weekly pick-up are subject to review and approval by the Town
of Danville and the local disposal agency. If it is determined by these
agencies that constraints are present, due to the dimensions of the
individual motor courts, which result in unsafe and/or inefficient trash
and/or recyclable pick-up, the applicant shall be responsible for the
establishment of common enclosure areas for trash and/or recyclable pick-
ups. The CC&R's shall establish resident requirements for the storage of
trash and recycling containers and shall outline the requirements for the
placement and retrieval of said containers for weekly pick-up by the
disposal agency. The system utilized shall be subject to review and approval
by the Design Review Board.
10.
Pursuant to Government Code section 66474.9, the applicant (including the
developer or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any claim,
action, or proceeding against the Town or its agents, officers, or employees
to attack, set aside, void, or annul, the Town's approval concerning this
rezoning application, which action is brought within the time period
provided for in Section 66499.37. The Town will promptly notify the
applicant of any such claim, action, or proceeding and cooperate fully in the
defense.
11.
The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
12.
Unless explicitly authorized in these conditions of approval, development
of the subject property shall be consistent with the Preliminary Owner
Participation - Real Property Sales Agreement (OPA) covering the Charlotte
Wood Intermediate School site and #1 Hartz Court.
PAGE NO. 24 RESOLUTION NO. 93-34
13.
14.
15.
Not less than fifteen percent of the dwelling units developed on the subject
property shall be affordable to low and moderate income persons and
households. Of that number, forty percent shall be affordable to very low
income households, pursuant to California Health and Safety Code, Section
33413(b)(2). The production of these affordable units may be
accomplished by the applicant by one of the methods outlined in the
Preliminary Owner Participation - Real Property Sales Agreement (OPA)
covering the property (i.e., produce some or all the units on-site or pay a
specified in-lieu inclusionary housing fee to the Danville Community
Development Agency).
The applicant shall diligently pursue the necessary approvals through
Caltrans to secure right of entry and the appropriate landscape
easement/license to be able to install, at the applicant's cost, off-site
landscaping within the State-controlled freeway right-of-way for the entire
length of the property's easterly property boundary, or for that area deemed
appropriate upon review of the final landscape and irrigation plan
developed for this area. If a sound wall is installed as the noise attenuation
system for the project, planting shall be for both the area behind the wall
(i.e., the slope area west of the proposed wall location) and for the area in
front of the wall (i.e., vine planting to cover the east side of the wall). Plant
materials and planting ratios utilized shall be subject to review and approval
by the Town's Planning Division and Caltrans. Irrigation shall be by a drip
irrigation system, the design of which shall be acceptable to the Town and
Caltrans, that can be abandoned once the planting material has established
itself (estimated to be between three and five years).
The noise study prepared for this project establishes that the future
residents will be subjected to inappropriate noise levels if existing and
future freeway noise is not mitigated to an appropriate level. Table 3 of the
August 6, 1993 Salter noise study establishes the level of noise attenuation
that would be provided if a twelve foot sound wall was established along the
project's eastern boundary. While the noise study assumes that system to
be used to attenuate existing and future freeway noise impacts will be a
sound wall placed at the hinge point of the freeway (i.e., at the western edge
of pavement), an alternative noise attenuation system may be utilized if it
provides comparable mitigation of interior and exterior noise levels and is
determined to be an acceptable alternative by the Planning Commission. If
a sound wall is installed as the noise attenuation system for the project, the
design and construction materials of the sound wall shall be reflective of
PAGE NO. 25 RESOLUTION NO. 93-34
the "permanent" wall (i.e., the individual block construction wall, not the
pre-fabricated concrete panel construction used elsewhere in the 1-680
corridor). The precise location, height, design and construction materials
of the wall shall be subject to review and approval of the City Engineer and
Caltrans prior to installation.
16.
The pool and recreation area proposed for development in the northwest
corner of the project shall be installed in conjunction with the construction
of the second phase of the project (i.e., construction of the 22+ through
44+ unit). Prior to issuance of building permits for any unit in the project,
a security guarantee, in a form and amount acceptable to the Town of
Danville, shall be established to guarantee the construction of the pool and
recreation area cited above.
17.
Site demolition of existing buildings and accessory structures shall be done
all at once. Prior to construction of the units in the first phase of
development, the site shall be cleared and leveled to the satisfaction of the
City Engineer.
APPROVED by the Danville Planning Commission at a Regular Meeting on
1993,
by the following vote:
August 12,
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Hunt, Jameson, Murphy and Vilhauer
Bowlby and Osborn
None
None
APPROVED AS TO FORM:
City Attorney
cwcoapc.al 2
Chief of
PAGE NO. 26 RESOLUTION NO. 93-34