HomeMy WebLinkAbout94-07RESOLUTION NO~ 94- 07
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF
FINAL DEVELOPMENT PLAN (DP 93-29) - TENTATIVE MAP (SD 7889) REQUEST
BY KAUFMAN AND BROAD OF NORTHERN CALIFORNIA - APN 206-010-012
WHERF&S, Kaufman and Broad has requested approval of Final Development Plan -
Tentative Map for a 196 unit townhouse project on an 11.3 +/- acre site; and
WHERF&S, the subject site is located south of Center Way, east of Crow Canyon Road and
west of Tassajara Ranch Road and north of Subdivision 7132, and is identified as
Assessor's Parcel Number 206-010-012; and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District and
Subdivision Ordinance requires approval of a Final Development Plan - Tentative Map to
establish a townhouse development in a Planned Unit Development District; and
WHEREAS, A draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHERF~S, the Planning Commission did review the project at a noticed public hearing
on February 8, 1994; and
WHERF~S, the public notice of this action was given in all respects as required by law;
and
WHERF~S, a staff report was submitted recommending that the Planning Commission
approval of 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 a Negative Declaration of Environmental
Significance and approve a Final Development Plan - Rezoning DP 93-29 and Tentative
Map (SD 7889) request per the conditions contained herein, and makes the following
findings in support of this action:
PAGE I OF RESOLUTION NO. 94-07
1. The proposed project is consistent with the Danville 2005 General Plan.
The residential 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 development will mitigate off-site traffic and drainage impacts through the
assurance of off-site improvements in a manner acceptable to the Town.
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.
Approval of a Final Development Plan for the subject 11.03 acres acknowledges
that the Town is concurrently processing a General Plan Amendment application
(GPA 93-01) propoSing to develop the remaining two acres of this parcel for
commercial purposes. Additionally, that approval of the Final
Development/Tentative Map for 11.03 acres of the site does not preclude extending
the multiple family land use into all or a portion of the remaining two acres.
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the locality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing will be
provided in this project: 5% of the 196 units (10 units) will be made available to
households earning 120-140% of the area's median income level; and 15% of the
housing units (20 units) will be made available to households earning 80-120% of
the area's median income level.
Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
PAGE 2 OF RESOLUTION NO. 94-07
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Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention of a greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would require important revisions
of the prior EIR; and (4) no new information of substantial importance to
the project has become available which would require an additional or
supplemental EIR.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior
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 a 196 unit townhouse located on a portion of the site
identified as Tassajara Ranch - Parcel E. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
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"Subdivision Map 7889/Final Development Plan, "Shadowhawk",
prepared by Carlson, Barbie & Gibson and Kaufman and Broad,
consisting of one sheet and marked Exhibit E in the Planning
Commission Staff Report dated February 8, 1994.
Alternative 13.0 acre alternative concept plan/ affordable housing
plan/ 11.0 acre project phasing plan/13.0 acre project phasing plan
dated received by the Planning Division on February 4, 1994
prepared by Carlson, Barbie and Gibson.
"Planting Plan" prepared by Nowell-Thompson ASLA and Associates
dated received by the Planning Division on February 4, 1994.
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
PAGE 3 OF RESOLUTION NO. 94-07
should be taken specifically of Tassajara Ranch Assessment District (TRAD)
fees, Child Care fees, Engineering Inspection Fees, Improvement Plan check
fees, Map Checking fees and drainage acreage fees as established by the
Contra Costa County Flood Control District.
The developer shall satisfy 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 within
their letter of January 6, 1994.
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 (i.e., a project
found to have 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.
SITE PLANNING
A lighting detail plan, including walkway lighting, shall be submitted for
approval by the Design Review Board prior to approval of the final map.
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.
If approval of GPA 93-01 by the Town ultimately results in a development
encompassing less than two acres, the applicant shall be required to process
all applicable Planning permits to extend this development to the west.
Modification to the construction/improvement phasing plan shall be
approved by the Chief of Planning.
Areas to be maintained by the Town of Danville as a part of the Lighting and
Landscape District shall be identified on the final map.
PAGE 4 OF RESOLUTION NO. 94-07
C. LANDSCAPING
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A final revised landscaping plan (with planting shown at 1"-- 20' scale) shall
be submitted for review and approval of the Chief of Planning. The plan
shall include common names, sizes and spacing of all plant materials.
The landscape plan shall utilize a combination masonry wrought iron design
for the perimeter of the project along Tassajara Ranch Drive. Additionally,
decorative pavement shall be utilized at the project entry and adjacent to the
recreation area. The details of both shall be reviewed and approved by the
Design Review Board prior to approval of the Final Map.
Plant selection shall emphasize drought tolerant native species. Use of turf
shall be minimized and shall reflect the planting ratio limits developed by
EBMUD (a maximum of 25% of the landscape area shall be installed with
turf). Turf is expressly prohibited adjacent to the perimeter street frontages.
The project landscaping and irrigation working plans shall reflect the Town
of Danville's Water Conservation Guidelines in place as the time of approval
of the plans.
A pedestrian circulation plan shall be submitted as part of the revised
project landscape and irrigation working plans. The plan shall include
section details of the pathway system, a detailed pedestrian walkway lighting
plan and provisions for handicapped ramps.
A four foot wide decorative pavement band shall be placed at all
intersections of the main loop road and driveways in the project.
The final landscape plan shall reflect at least one tot Itt within the project.
The final location shall be determined by the Planning Division prior to
approval of the final map.
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 highest point of any roof mounted equipment shall
not extend above the top of the equipment well.
PAGE 5 OF RESOLUTION NO. 94-07
No trash and refuse enclosures are approved as a part of this project.
Individual unit owners shall be responsible for placing refuse containers in
the appropriate locations on the appropriate day as determined by Valley
Waste Management. Garbage enclosure locations and designs for the
pool/lawn area shall be approved by the Planning Division prior to
completion of project landscape installation.
Final elevations, colors and materials selected shall be consistent with the
Prelimunary Development Plan - Rezoning (PUD 93-04) approval and details
shall be submitted for review and approval by the Design Review Board
prior to approval of the final map.
PARKING/STREETS
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
Where authorized, compact car spaces shall be Clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang.
3. A total of 65 guest parking spaces are required.
This development shall be responsible for an asphalt overlay on Center Way
subject to review and approval of the Engineering Division. The developer
shall be reimbursed for overlay work by subsequent developers of adjacent
properties with frontage on Center Way.
The auto courts shall have a minimum of 26 feet clear between garage
doors.
The emergency vehicle access driveways along Tassajara Ranch Drive shall
be narrowed to the minimum standard acceptable to the San Ramon Valley
Fire Protection District. A detail of the barrier and the pavement material for
the emergency vehicle access road shall submitted with the revised final
landscape plan.
PAGE 6 OF RESOLUTION NO. 94-07
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The throat of the driveways shall be narrowed to the minimum functional
width at the intersection with the main loop road. The final width shall be
determined by the Planning Division prior to approval of the final map.
The entire width of Center Way, along the frontage of this subdivision, will
require an overlay of pavement after all project related utility service lines
have been installed.
Public street lighting shall be installed along Crow Canyon Road, Center
Way and Tassajara Ranch Drive. The fixtures utilized shall conform to the
existing lighting abutting this subdivision.
10.
All existing sidewalks abutting this subdivision that are missing or broken
shall be replaced.
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 proiect. 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.
A grading permit from the Town of Danville is required for all grading on
the site.
MISCELLANEOUS
A minimum of 10 percent (20) of the project units shall be made available
to families with "moderate" incomes, as established by the U.S. Department
of Housing and Community Development (HUD). Sale prices for these
units (or rental rates in the case the units are initially occupied as rental
units) shall not exceed the maximum price affordable to three- or four-
person households with 120% of the median income established for
Alameda and Contra Costa Counties. The maximum sale price shall be
based on the following assumed variables; 8% interest rate; maximum
monthly assignment of housing costs of 33% of gross monthly income; taxes
PAGE 7 OF RESOLUTION NO. 94~07
at 1.25% of the purchase price of the home; homeowner association dues
of $125.00/month and 30-year fixed rate mortgage.
A minimum of 5 percent (10) project units shall be made available to
families earning a maximum of 140% of the area's median income level as
established by the U.S. Department of Housing and Community
Development (HUD). Sale prices for these units (or rental rates in the case
the units are initially occupied as rental units) shall not exceed the
maximum price affordable to three- or four-person households with 140%
of the median income established for Alameda and Contra Costa Counties.
The maximum sale price shall be based on the following assumed variables;
8% interest rate; maximum monthly assignment of housing costs of 33% of
gross monthly income; taxes at 1.25% of the purchase price of the home;
homeowner association dues of $125.00/month and 30-year fixed rate
mortgage.
In compliance with Condition G.1 above, the applicant shall develop an
agreement which restricts the maximum sale prices of the "moderate"
income units to the maximum sale prices cited above, allowing for annual
adjustments to reflect HUD's adjustments to the area median income. The
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
formal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval of the initial final map
for the project.
In compliance with Condition G. above, the applicant shall develop an
agreement which restricts the maximum sale price of the 120-140% range
units to the maximum purchase prices cited above, allowing for annual
adjustments to reflect HUD's adjustments to the area median income. The
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
formal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval of the initial final map
for the project.
PAGE 8 OF RESOLUTION NO. 94~07
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A deed restriction shall be recorded with the sale of each affordable unit in
this project (20 "moderate" income units and 10 "120-140%" income units).
The deed restrictions imposed, which shall be subject to separate review
and approval by the Town Council prior to recordation, shall serve to
require the affordable units developed in the project to continue to be
available to the corresponding income group for a minimum period of
twenty (20) years unless a shorter time frame is authorized at the time the
agreements called for in Conditions G.3 and G.4 are acted upon by the
Town. If an affordable unit is resold prior to the expiration of this time
frame, such unit shall be sold to another qualifying income family, as
calculated using the variable assumptions outlined in Conditions #1 and #2
above. The deed restriction imposed on the affordable units shall stipulate,
to the extent allowed by law, that the units shall be owner-occupied.
Enforcement of this condition, and Conditions G.3 through G.6 inclusive
shall not preclude the financial institution carrying the first mortgage papers
on the respective affordable units to resell the respective units at "fair
market" value in the case of default on the mortgage.
The affordable units shall be interspersed throughout the project. The
general location of the affordable units is shown on the Affordable Housing
Unit Plan. Modifications to the Affordable Housing Unit plan shall require
approval of the Chief of Planning.
This site shall not be subject to provisions/requirements of any future
inclusionary housing ordinance adopted by the Town which may establish
requirements for the inclusion of affordable units and/or the payment of in-
lieu fees. Should this approval not be exercised, this exemption shall not
apply to future, subsequent entitlements granted over the site.
Approval of the Tentative Map and Final Development Plan for the westerly
1.0 acre portion of the site is subject to approval of a Preliminary
Development Plan/Rezoning by the Town Council.
The developer shall provide a report to the Town indicating the status of the
affordable housing sales program at the beginning of each phase of
development indicated on the phasing plan. The report shall include
verification that the buyers of the affordable units have met the income
qualifications required by this approval.
PAGE 9 OF RESOLUTION NO. 94-07
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11.
The project CC&R's shall include provisions for maintenance of private
streets, open space, landscaping and perimeter walls. The CC&R's shall be
submitted to the Planning Division prior to approval of the Final Map.
The CC&R'S shall include specific instructions to homeowners indicating the
appropriate placement of refuse containers in the auto courts for pickup by
Valley Waste Management.
APPROVED by the Danville Planning Commission at a Regular Meeting on February 8,
1994, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Hunt, Jameson, Murphy, Osborn, ¥ilhauer
Bowlby
orney
PAGE 10 OF RESOLUTION NOo 94-07