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Home My WebLink About95-10EXHIBIT A RESOLUTION NO. 95-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A FINAL DEVELOPMENT PLAN (DP 95-12) FOR REVISED ARCHITECTURE FOR SUBDIVISIONS 7166 - SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA- TUNBRIDGE ROAD WHEREAS, Shapell Industries of Northern California has requested approval of a Final Development Plan for revised architecture for the remaining 27 single family lots in SD 7166; and WHEREAS, the subject site is located at the terminus of Tunbridge Road, being further identified as subdivision SD 7166; and WHERF~S, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Final Development Plan to allow project modifications, including architecture; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on April 25, 1995; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and 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 approves Final Development Plan request DP 95-12 per the conditions contained herein, and makes the following findings in support of this action: 1. The proposed project is consistent with the Danville 2005 General Plan. The proposed Final Development Plan request is compatible with the existing development within the Planned Unit Development District, with development within surrounding districts, and with Danville's Residential Development Standards. PAGE 1 RESOLUTION 95-10 The revisions proposed in the Final Development Plan request will result in the development of 27 new single family dwellings which are compatible with existing and planned surrounding development. The revisions proposed in the Final Development Plan request will yield a residential environment of sustained desirability and stability. 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. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of building permits for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for Final Development Plan (DP 95-12) for the remaining 27 single family lots of subdivisions SD 7166. The revisions are for new architecture and landscaping. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; ao Preliminary Architectural Plans and Floor Plans, consisting of 9 sheets, as prepared by Dahlin Group and dated received by the Planning Division on March 24, 1995. 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 $25.00. 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 applicant shall provide security fencing, to the satisfaction of the City Engineer and/or the Chief Building Official, around the site during construction of the project. PAGE 2 RESOLUTION 95-10 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 feasible. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources 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. If the applicant intends to construct the project in phases, then the first submittal for building permits shall be accompanied by an overall phasing plan. This plan shall address: off-site improvements to be installed in conjunction with each phase; erosion control for undeveloped portions of the site; timing of delivery of emergency vehicle access connections; and phasing of project grading. The phasing plan shall be subject to the review and approval of the City Engineer and Chief of Planning. Except as specifically modified by these Conditions of Approval, development shall conform with the previously established Conditions of Approval for SD 7166. B. SITE PLANNING Units shall be developed in conformance with the Town's iR-10; Single Family Residential District standards as follows: Frontyard Setback 20 feet Sideyard Setback 10 foot minimum for one stow, 15 foot minimum for two story Rearyard Setback 20 feet A minimum of 10 percent of the lots (3) shall be developed with single stow units (Plan 1). The single stow units shall be interspersed appropriately throughout the project to provide variety in the streetscape. The development shall be constructed in a manner consistent with the approved plotting plan. The same unit plan or elevation shall not be located next to or directly across the street from each other. PAGE 3 RESOLIJTION 95-10 A fence plan shall be submitted for review and approval of the Design Review Board as part of the landscape plan prior to issuance of building permits. LANDSCAPING The developer shall develop a minimum of three landscape alternatives for front yard landscaping. The landscape alternatives shall be submitted for review and approval of the Design Review Board and shall include street trees (2 per lot). Home buyers shall have the option of purchasing a landscape alternative of their choice to be installed by the developer. If a landscaping scheme is not purchased and installed, street trees shall be installed by the developer as required. All front yard landscaping shall be installed within six months of completion of the unit or within six months of occupancy by the homeowner, whichever comes first. The CC&R's for the project shall be modified to reflect this condition and shall be submitted for review and approval by the Town prior to issuance of building permits. ARCHITECTURE 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. Final materials and colors shall be as reviewed and approved by the Design Review Board on March 15, 1995. INFRASTRUCTURE A Storm Water Pollution Prevention Plan (SWPPP) shall be 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 erosion control plan prepared for the project. The developer shall install a pavement undulation within the extension of Tunbridge Road. The final location of the pavement undulation shall be approved by the City Engineer. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. PAGE 4 RESOLUTION 95-10 Pursuant to Government Code section 66474.9, the applicant (including the applicant 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 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. The developer shall complete all work associated with the haul road to the satisfaction of the City Engineer. Written confirmation that all work has been completed in a satisfactory manner shall be submitted to the Planning Division prior to issuance of building permits. APPROVED by the Danville Planning Commission at a Regular Meeting on April 25, 1995, by the following vote: AYES: NOES: - ABSTAINED: - ABSENT: - APPROVED AS TO FORM: Arnerich, Hunt, Jameson, McEvilly, Moran, Murphy, Osborn Ch~rman ~Eity At~t~r~ey ' pgpz29 Chief of PI~__~I~ PAGE 5 RESOLUTION 95-10