HomeMy WebLinkAbout028-86t
DANVILLE
RESOLUTION NO. 28-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
APPROVING SUBDIVISION 6601, CAMINO RAMON TERRACE
The following documents were presented for Council approval this
date:
The Final Map of Subdivision 6601, property located in the
Danville area, said map having been certified by the proper
officials;
A Subdivision Agreement with Far West Associates, LTD,
whereby said subdivider agrees to complete all improvements
as required in said Subdivision Agreement within one year
from the date of said agreement;
Said documents were accompanied by:
I.
Security to guarantee the completion of road and drainage
improvements as required by Title 9 of the City Ordinance
Code, as follows:
Ae
Cash deposit in the amount of $1,000.00 made by Far
West Associates, LTD.
B.
Additional security in the form of corporate surety
bond dated April 2, 1986 and issued by Firemanrs Fund
Insurance Company, Bond No. SCRl1110967, with Far West
Associates LTD as principal, in the amount of
$184,100.00 for faithful performance and $92,550.00
for labor and materials.
II.
Letter from the County Tax Collector stating that there are
no unpaid County taxes heretofore levied on the property
included in said map and that the 1985-86 tax lien, which
became a lien on the first day of March, 1986, is estimated
to be $11,200.00
III. Security to guarantee the payment of taxes as required by
Title 9 of the County Ordinance Code, in the form of a
surety bond, No. SMRll10968, issued by Fireman's Fund
Insurance Company with Far West Associates LTD as
principal, in the amount of $11,200.00 guaranteeing the
payment of the estimated tax;
510 La Gonda Way · Danville, California 94526 (415) 820-6337
IV.
Additional cash in the amount of $4,107 for Drainage Area
37 fee, and $42,000.00 as Park Dedication fees.
NOW THEREFORE BE IT RESOLVED that said subdivision,
together with the provisions for its design and improvement, is
DETERMINED to be consistent with the City's general and specific
plans;
BE IT FURTHER RESOLVED that said Subdivision Agreement is
also APPROVED.
PASSED, APPROVED AND ADOPTED this 10th day of April, 1986, by
the following vote:
AYES: Kennett, Lane, McNeely, Schlendorf
NOES: None
ABSTAIN: None
ABSENT: Offenhartz
ATTEST:
Originator: Engineering Department
ADMINISTRATIVE STAFF REPORT
TO: Mayor and City Council April 10,1986
SUBJECT: Approval of the Final Map and Subdivision Agreement
for Subdivision 6601 - Camino Ramon Terrace.
This report recommends that the City Council approve the final
map and subdivision agreement for Subdivision 6601 - Camino
Ramon Terrace.
BACKGROUND
The Planning Commission approved the tentative map for
Subdivision 6601 on June 10, 1985.
The project consists of 40 condominium units located on the site
of the former Sycamore Tennis Club on Camino Ramon between
Paraiso Drive and E1 Capitan Drive. One and two story units are
proposed which floor areas of 966, 1006, 1575 square feet. All
on site improvements are private including streets and are
privately maintained by the Homeowners' Association.
RECOMMENDED ACTION(S)
It is recommended that the City Council adopt Resolution No.
28-86 approving the final map for Subidvision 6601.
COST IMPACT
None
Prepared by:
Mark Nothaft
Associate Civil Engineer
Attachments:
Exhibit A - Project Location Map
Exhibit B - Planning Commission Staff Report, 6/10/85
Exhibit C - Planning Commission Summary of Actions, 6/10/85
Exhibit D - Subdivision Agreement
Exhibit E - Improvement Security Bond
: !I¸
f
.:
C
/-
1~' / 3.
i' . f~' \
7 .J~ z._ ,'
,.>.. ~,: ..... ,>>, .
--: -- - X~-<' '~
x
SO!5 GGOI
CAMINO RAMOt~
\
F
~D
i ,
TERRACE.
I.
S
\.
-.N
',\N
f
[ .,e--~
oSAGE
p~R~
!
4
13-
x
4
s- c*
i' '--
// '
o>l/vv/ /__~/_:.__.._ .......
i I~ -
i. !
\-
//
· I
. ,i
\
*,~>~3,¸'
_ _z_ ..4
'EX:"3iT
REPORT
PLANNING COMMISSION REGULAR MEETING
Date: June 10, 1985
PUBLIC HEARING: YES
X
NOTICE PUBLISHED IN NEWSPAPER May 28, 1985
NOTICES MAILED TO PROPERTY OWNERS WITHIN 300 FEET
NO
May 23, 1985
ITEM:
Camino Ramon Terrace, PUD 85-2,
RECOMMENDATION:
LOCATION:
Recommend conditional approval of the proposed
P-1 rezoning, final development plan and
tentative subdivision map to ~he City Council
East side of Camino Ramon between E1 Capitan
Drive and Paraiso Drive (former Sycamore
Tennis Club)
APN: 207-140-008
ACREAGE/SQ. FT.: 4.5 acres
PROPOSAL:
Forty unit condominium complex
OWNER:
Far West Associates, Ltd.
AGENT:
Lou Baldacci
PREVIOUS ACTION:
EIR:
GENERAL PLAN:
ZONING:
Negative declaration and General Plan
amendment granted for the project by City
Council on June 18, 1984.
Negative declaration granted by the City
Council on June 18, 1984
Multiple Family-Low Density Residential
(7-12 units Der acre)
A-2 (agricultural)
LAND USE: Abandoned tennis facility
BACKGROUND
The applicant is requesting a rezoning of the Sycamore Tennis
Club site located on Camino Ramon from A-2 (Agriculture) to P-1
(Planned Unit District) for the purpose of developing a 40 unit
condominium complex. In addition, the applicant is requesting
approval of a P-1 final development plan and tentative
subdivision map. A negative declaration was granted for the
project in conjunction with a General Plan amendment on June 18,
1984 by the City Council. The General Plan designation of the
site is Multi-Family-Low Density Residential (7-12 units per
acre) which permits the 4.5 acre parcel to be developed with 32
to 54 units.
PROPOSAL
The forty unit project consists of 4 duplexes, 4 triplexes and 5
four-plexes. Twenty-four of the units are one-story in height,
including all 11 units along the eastern property line of the
site. The remaining 16 units are two-stories and scattered
throughout the remainder of the development. The proposed color
scheme consists of browns and tans. Exterior building materials
include "hardboard" lap siding, plywood and brick. "Flat
concrete tile "is proposed to be used for the roof covering.
Staff is recommending that natural wood siding be used instead
of "hardboard" throughout the project and that all four exterior
walls of each building group be designed consistently in terms
of materials.
The site plan is designed with circulation and parking served by
a private loop street in the center of the site with units
backing up to the perimeter of the property. Each unit is
planned to be developed with a two-car garage (including roll-up
doors) and two fronting driveway parking spaces. Sixteen public
parking spaces are proposed near the center of the site. No
private street parking is proposed.
Approximately 10 percent of the parcel (19,000 sq. ft.) is
reserved in the center of the site for use as common open space.
In addition, rear yard private open space is proposed for each
unit.
In order to create greater visual diversity in the project,
staff is recommending that 1) the landscape strip proposed along
Camino Ramon be increased in width to an average of 20 feet, 2)
a more curvilinear pattern be designed into the private street
loop, and 3) unit groups 25-26 and 22-24 proposed along the
eastern property line in the southeast corner of the site be
switched to break up the proposed line of three successive
triplexes.
The site abutts single family residences to the north and east.
Single-family residences and the Bianchi Pre-School border the
property to the south. Camino Ramon and 1-680 lie to the
immediate west. Noise mitigation measures provided by a
professional acoustical study are recommended as a condition of
project approval to deal with the freeway traffic noise.
TRAFFIC IMPACT ANALYSIS
A traffic impact analysis was prepared for the project by
JHK and Associates. Results of the study indicate the
following:
Daily Trip Inbound Outbound
Generation Recent Peak Peak
Number Rate per Daily Peak Hour Hour
of Units Unit Trips Hour Trips Trips
40 6.1 244 12% 23 6
Traffic impact mitigation measures recommended in the study have
been integrated into the conditions of project approval
recommended by staff.
NEIGHBORHOOD INPUT
The applicant has indicated that he has met with the owners of
surrounding properties in an attempt to incorporate their
desires into the plans.
RECOMMENDATION
Staff recommends that the Commission take the following actions:
1)
Recommend to the City Council that it adopt an ordinance
rezoning parcel 207-140-008 from A-2 to P-1 and approve the
proposed final development plan based on the standard
findings and subject to the conditions listed on Exhibit-A.
2)
Recommend to the City Council that it adopt a resolution
approving the proposed 40 lot subdivision based on the
standard findings and subject to the conditions listed on
Exhibit-B.
ATTACHMENTS
Exhibit A - Conditions of P-1 Rezoning and Final Development
Plan Approval
Exhibit B - Conditions of Tentative Subdivision Map Approval
Exhibit C - General Plan/Zoning Map Designations
Exhibit D - Traffic Impact Analysis
Exhibit E - Development Plan
Exhibit F - Tentative Subdivision Map
PUD 85-2, SUB 85-
EXHIBIT-A
Conditions of P-1 Rezoning and Final Development Plan Approval
le
Final development plan approval shall be as shown on the
plan marked Exhibit-E and subject to the conditions listed
below·
2. Site plans shall conform to the following requirements:
·
A.
A 20 foot minimum average setback for landscape
planting along Camino Ramon shall be maintained between
the outside edge of the public sidewalk (away from the
street) and the fronting "decorative fence". A 15 foot
minimum setback shall be maintained in this area at all
times.
Be
The two proposed duplex units (lots 31-32 and 10-11)
which back onto the northern and southern side
boundaries of the existing site shall be moved forward
by seven feet and the fronting private street alignment
adjusted accordingly to reduce the linear front yard
visual effect.
C®
Building groups 25-26 and 22-24 located in the
southeast corner of the site shall exchange locations
in order to visually break-up the proposed sequence of
three successive triplexes.
me
Any changes to the plotting of homes shall be subject
to approval by the Planning Commission.
E®
Rear yard patio covers and accessory structures shall
be permitted subject to design approval by the Planning
Department. Such structures shall not project within 5
feet of a side property line nor 10 feet of a rear
property line.
Architectural design plans shall conform to the following
requirements:
A.
Exterior building siding (except brick) shall consist
of plywood or natural wood lap materials and not
"hardboard" siding.
B·
A minimum of half of the housing units shall be
constructed with wood lap siding.
Cs
Proposed building exterior siding (either plywood or
lap siding) shall be used consistently on all four
sides of each building group.
De
The mix of architectural elevations used throughout the
project shall be maximized subject to approval by the
Planning Department.
E·
Architectural elevations which are not shown on plans
shall be subject to approval by the Planning
Department.
Fe
Air conditioning units shall not be permitted on
building roofs or in private rear yards and shall be
visually screened from public view, subtect to approval
by the Planning Department.
4. Landscape plans shall conform to the following requirements:
a.
All plant material shall be served by a City approved
automatic underground irrigation system and maintained
in healthy growingcondition.
B·
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 in size.
Ce
Additional trees and shrubbery shall be planted along
the Camino Ramon frontage of the site, and additional
screening trees shall be planted along the eastern and
southern boundaries of the site, subject to approval by
the Planning Department·
De
Ground cover areas located in the front yards of
individual units shall consist of lawn.
·
All curbing, private drives and pedestrian walkways shall be
constructed of concrete·
·
Decorative walls and special paving shall be consistent with
the overall character of the development subject to approval
by the Planning Department·
·
Project construction activities shall be limited to the
hours of 7 A.M. to 6:30 P.M. on weekdays and 8 A.M. to
6:30 P.M.on Saturdays. Project construction shall not be
permitted on Sundays.
8. Uncovered public parkina shall be signed for guest use only.
·
The Developer shall provide a full set of project
construction plans to the homeowners association at the time
of association formation.
10. The outdoor parking of recreational vehicles includina but
not limited to trailers, campers, and boats shall not be
permitted in P-1 Zone.
11. The "decorative fence" proposed along the rear property
lines of lots backing onto Camino Ramon shall be constructed
of decorative masonry block materials subject to the
approval by Planning Department.
EXHIBIT-B
Conditions of Tentative Subdivision Map Approval
·
·
·
.
Tentative subdivision map approval shall be as shown on the
map marked Exhibit-F and subject to the conditions listed
below·
Sewage disposal serving the properties concerned in this
application shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the
District. Each individual living unit shall be served by a
separate sewer connection.
Water supply serving the properties concerned in this
application shall be by the East Bay Municipal Utility
District in accordance with the requirements of the
District. Each individual living unit shall be served by a
separate water connection.
The developer shall pay all applicable City related fees
including but not limited to the in-lieu park dedication
fee, school impact fee and drainage acreage fee.
Applicant understands that a fee per dwelling unit for
transportation improvements in the immediate area. and of
benefit to this Droject. may be established bv January 1,
1986. Such transporation improvements may include
modification to the Sycamore Valley Road/I-680 interchange
including but not limited to the construction of a park and
ride facility. If adopted by the City Council. the
subdivider shall pay the fee at the time of building Dermit
issuance or certificate of occupancy at the discretion of
the Planning Department.
·
~
·
Conditions, Covenants and Restrictions (C C & R's) for the
project shall be submitted for review and approval by the
City prior to Final Map recordation. Such document shall
provide for the establishment of a homeowners association
responsible for among other things the maintenance of all
building exterior siding and roofing, all landscaping within
the development (except for private rear yard areas), the
decorative sound wall proposed along Camino Ramon, fences,
benches, private streets, walkways and common mailboxes.
The developer shall comply with all requirements of the San
Ramon Valley Fire Prevention District.'
A professional acoustical study shall be prepared to analyze
the noise impact of traffic on the site created by Camino
Ramon and 1-680, and to provide appropriate noise mitigation
measures for integration into the project design subject to
approval by the Planning Department.
·
Project development shall conform to the following
requirements of the City Engineer:
A·
This subdivision shall conform to the provisions of
Title 9 of the Contra Costa County Ordinance Code as
adopted by the City of Danville· Any exceptions
therefrom must be specifically listed·
B·
Convey to the City by offer of dedication additional
right of way needed to provide a total right of way
width of 56 feet on Camino Ramon.
C·
Relinquish abutter's rights of access along Camino
Ramon with the exception of the access driveway to the
project.
De
Correct any deficiencies in the existing frontage
improvements· The existing driveway shall be removed
and replaced with curb, gutter and sidewalk·
E·
At the time of improvement plan submittal the engineer
shall provide information on the turning radii for
emergency and service vehicles.
P·
A driveway entrance or modified driveway shall be
provided on Camino Ramon to designate the subdivision
entrance as a private street·
G·
For the Camino Ramon entrance and the interior
intersections and curves, proper sight distance shall
be designed into the landscaping plan.
H·
The developer shall install a stop sign at the
intersection of the project's entrance with Camino
Ramon·
The private streets shall be designed consistent with
the draft "Private Street Policy" prepared by the City
of Danville·
J ·
The private streets shall be designated as fire lanes
and signed for no parking.
K ·
Covenants, Conditions and Restrictions, Articles of
Incorporation and By-Laws for a mandatory homeowners
association shall be submitted for review by the City
Attorney, Chief of Planning, and City Engineer for the
private streets and private storm drains·
L ·
All grading shall be carried out in accordance with
Division 716, Grading of the County Ordinance Code as
adopted by the City of Danville.
Me
The landscape plans shall show utility lines· Trees
shall not be planted over utility lines. All utility
distribution facilities shall be placed underqround as
required by Section 96-10 of the City Ordinance Code.
N ·
The existing on site sewer system and storm drainage
systems which are to be abandoned shall be removed or
filled with concrete.
O.
Driveways shall be a minimum width of 18 feet to
provide space to park two cars since no parking is
allowed on the streets.
P·
The driveways shall be flared at the street as directed
by the City Engineer to provide ease of ingress and
egress.
Q·
Rolled curbs shall be provided instead of vertical
curbs·
Be
Subject to City Council approval and adoption of the
necessary resolution pursuant to Section 22507 of the
California Vehicle Code, the applciant shall provide
red curb for no parking for twenty-five feet in each
direction from the project's driveway·
·
If archeologic materials are uncovered during grading,
trenching or other excavation, earthwork within 100 feet of
these materials shall be stoDDed until a professional
archaeoloaist who is certified by the Society of California
Archeolo~ (SCA) and/or the Society of Professional
Archaeology (SOPA) has had an opportunity to evaluate the
sianificance of the find and suggest appropriate mitigation
measures, if they are deemed necessary.
10. The site shall be watered during the dry season to prevent
excessive dust during the construction period·
DANVIL. ~
PLANNING
EXHIBIT C
PLANNING DEPARTI~'""'IT
COMMISSION EXHIBIT
ZONING MAP
GENERAL PLAN
~ I \" ~'~ "? X~. ' "?' ' '" '-:- .: ~,~,:.,,~L,l~m "" X i~ !
' r: 'I '' [ ' f ' ¢ ', ', o ~,~YP l! sT.'-~ -;
o_1 5 I ' ' ' ' "'
i,
; ° ..,-T*
t'.- ?-:. .-.2 ..--: -,- "_',.
~, .. :..
i, 7';:
'1 ii
, -.' .
PRESENT
ZONING
SURROUNDING ZONING
~'l, K-15,
SURROUNDING LAND USE
F--E5 t DF_..I,4T i,~,L..
r
i I ] I
;'J. tIt~l-J~I , . .
[ I . . J I I ' ' [ [ [~
· .., · ....~
AREA
4.'s D so.~. ~ :c.
:x:s~ING :m:D us:
TF_I,.IM t5 CLU15
PROPOSED LAND USE
.5 t I::,F_..t,.t"['IAJ--.
z~
i } ..
!. '!_ :
.... ;-%...,. j- ·
GENEP~T. P~3~N
DES I GNA?ION
M~..TI PL,~. FA M (~'r' -
LO'W I::~1,4.513"t'
OWNER
F~ V4~ST A 55o , aTD.
jhk & associates
le
2.
3.
~e
TABLE OF CONTENTS
INTRODUCTION
ENVIRONMENTAL SETTING
PRO3ECT IMPACTS
Trip Generation
Existing Plus Project Traffic Conditions
Existing Plus Project Cumulative
Traffic Conditions
MITIGATION MEASURES
Page
1-1
2-1
3-1
3-1
3-1
3-2
4-1
APPENDIX
Warrants for Separate Left Turn Lanes
on Two-Lane Streets
jhk & associates
1. ~TRODUCTION
This report provides a traffic impact analysis of the proposed Camino Ramon
Terrace in Danville. The project is located on the east side of Camino Ramon
between El Capitan Drive and Hansen lane. Its location is shown graphically in
Figure 1. Access to the project will be provided by a single driveway on Camino
Ramon. The project site can be considered to be essentially undeveloped for traffic
generation purposes, although several tennis courts exist on the site. Plans call for
construction of forty townhouse units.
This report is divided into chapters describing the environmental setting,
project traffic impacts, and recommended mitigation measures. An Appendix is
included which includes warrants for separate left turn lanes on two lane roads.
z'-'.
l-I
· S~CQfI~Of~'
Valley ~d.
Paraiso Dr.
f~
P~
%.
.Pile
£/Capi/oo
Dr.
Figure 1
Project Location
jhk · .,=.=
2. ENVIRONMENTAL SETTING
jhk
& associates
Access to the project will be provided from Camino Ramon. In the area of the
project, this street is a two-lane facility carrying approximately 9,100 vehicles per
day. To the north, Camino Ramon is a through street up to its intersection with
Sycamore Valley Road, where a traffic signal is provided. South of the project,
Camino Ramon continues as a through street which ends in the residential area
north of Crow Canyon Road.
There are currently no capacity problems or safety hazards in the vicinity of
the project. The peak traffic hour of the day typically occurs from 4:30 to 5:30 PM.
2-1
3. PRO3ECT IMPACTS
jhk
& associates
This chapter describes the expected traffic impacts of the proposed project.
Separate analysis is provided for existing plus project traffic conditions and existing
plus project plus cumulative traffic conditions.
TRIP GENERATION
The table below summarizes the project's expected peak hour and daily trip
generation.
Daily Trip lnbound Outbound
Generation % Peak Peak
Number Rate Per Daily Peak 96 Hour Hour
of Units Units Trips Hour lnbound Trips Trips
q0 6.1 2#4 12% 80% 23 6
This trip generation was based on traffic counts of existing condominium
developments published by the Institute of Transportation EngineersI and
CALTRANS2. Trips generated by the project were assumed to be distributed 7096 to
the north and 3096 to the south on Camino Ramon.
EXISTING PLUS PRO3ECT TRAFFIC CONDITIONS
Existing plus project traffic conditions are shown in Figure 2. The addition of
project traffic to existing traffic will not cause any operational problems. The most
critical impact of the project is the potential delay that would occur to southbound
through traffic on Camino Ramon caused by vehicles turning left into the project.
Under existing plus project conditions a separate left turn lane will not be warranted
along Camino Ramon at the project entrance. Peak hour traffic levels are expected
to be about 8096 of the level which would warrant a separate left turn lane.
Warrants for separate left turn lanes were based on standard policy of the American
I Trip Generation, Institute of Transportation Engineers, 3rd Edition, 1983;
2
Trip Generation Research Counts, Department of Transportation, State of
California) 1975-1982.
3-1
Project
Dr;~e~ay
Pr~ec!
~r~ew~y
~-4
fZ
f~
£wimk~n~ Plum Projet!
Eumu[~l/ve t91#m Proje~
Figure 2
PM Peak Hour
Traffic Conditions
jhk & .,.=.=
jhk associates
Association of State Highway and Transportation Officials? These warrants are
included in the Appendix.
EXISTING PLUS PROJECT PLUS CUMOLATIVE TRAFFIC CONDITIONS
The traffic impacts of the project were analyzed in consideration of traffic
increases due to other cumulative projects. Cumulative traffic increases were
based on year 2000 traffic conditions as described in a recent city-wide
transportation planning study? Existing plus project plus cumulative traffic
conditions are shown in Figure 2. By the year 2000, the total daily traffic on
Camino Ramon is expected to increase from the existing ?,100 vehicles per day to
12,500 vehicles per day. At this level of traffic, a separate left turn lane will be
warranted on Camino Ramon at the project's entrance. The traffic level is expected
to be 13% greater than the level of traffic necessary to meet the warrant. This
indicates a marginal need for the separate left turn lane, and such a lane should be
provided if it can be installed without requiring significant reconstruction of the
existing street.
3
4
A Policy on Geometric Design of Highways and Streets, American Association of
State Highway and lransportation Officials, 1984.
Danville Transportation and Parking Analysis, 3HK & Associates, October 1984.
3-2
jhk & associates
0. MITIGATION MEASURES
This chapter describes the mitigation measures which are recommended to
provide sate traffic operations upon completion of the project. The
recommendations are based on the traffic analysis as described previously, review of
site plans for the project, and a field review of the project site.
Specifically, the following mitigation measures are recommended:
Install a separate left turn lane on Camino Ramon if and when it
is warranted by future traffic levels. This left turn lane will not
be warranted by existing conditions but is expected to become
desirable within five to ten years. The left turn lane installation
could easily be accomplished by restriping Camino Ramon in the
area of the project and prohibiting parking.
Install a stop sign for the project's driveway at its intersection
with Camino Ramon.
Prohibit parking on the east side o! Camino Ramon twenty-five
feet in each direction from the project's driveway.
If these mitigation measures are implemented, the project's traffic impacts will be
reduced to insignificant levels.
jhk
& associates
APPENDIX
Warrants for Separate Left Turn Lanes
on Two-Lane Streets
jhk
& associates
40-mph Oper.ting Speed
Advancing Volume
Opposing 5% 10% 20% 30%
Volume Left Tums Left Tums Left Tums Left Tums
B00 330 240 180 160
e00 410 305 225 200
400 510 38O 275 245
200 640 470 350 305
100 720 575 390 340
li0-mph Operltlng Speed
900 280 210 165 135
6OO 35O 26O 195 170
400 43O 320 24O 210
200 650 400 300 270
100 615 445 335 295
IO-mph Opereting Speed
800 230 170 125 115
00(3 290 210 160 140
400 365 270 200 175
200 45O 330 25O 215
100 S05 370 275 240
Table IX-16. Warr. nts for left-turn lanes on
two-lane highweys.
Source: A Policy on Geometric Design of Highways and Streets
!
EX ......
CITY OF DANVILLE PLANNING COMMISSION
SAN RAMON VALLEY SCHOOL DISTRICT BOARD ROOM
699 Old Orchard drive, Danville
7:30 P.M.
·
June 10, 1985
APPROVAL OF SUMMARY OF ACTION from the May 28, 1985 Planning
Commission Meeting·
PLANNING COMMISSION ACTION: Approved Summary of Action with
the following amendments:
Chairman Hirsch was present and voted on Item No. 5.
Chairman Hirsch did abstain from hearing the Railroad Ave.
Precise Alignment presentation·
VOTE: 5-0-0-2 Commissioners Kennett and Hendricks
abstaining·
CONTINUED PUBLIC HEARINGS:
·
FAR WEST ASSOCIATES, LTD. (Owner & Applicant) PUD 85-2:
This is a request for rezoning from Agricultural to the
Planned Unit District, final development plan approval and
tentative subdivision map approval to allow a forty unit
attached single family (townhouse) project on property
located on the east side of Camino Ramon between E1 Capitan
Drive and Paraiso Drive. (Zoning A-2) (G.P. Multiple Family
Residential-Low Density)) (Parcel 207-140-008).
PLANNING COMMISSION ACTION: 1) Recommend to the City
Council that it adopt an ordinance rezoning the site to P-1
and approving the Final Development plan based on the
findings and amended conditions shown on Exhibit A attached.
VOTE: 6-0-0-1 Commissioner Wright abstaining.
2) Recommend to City Council adoption of a Resolution
approving the tentative subdivision map based on the
findings and amended conditions shown on Exhibit B attached·
VOTE: 6-0-0-1 Commissioner Wright abstaining·
542 San Ramon Valley Blvd. * Danville, CA * 94526 * (415) 820-6337
·
CITY OF DANVILL~ To consider an ordinance antended to
regulate the height, size and location of satellite receiver
dishes and microwave equipment in Danville·
PLANNING COMMISSION ACTION: Recommend approval of the
Ordinance (attached) as amended.
VOTE: 7-0-0-0
NEW PUBLIC HEARINGS:
·
ROBERT FERREIRA (Owner and applicant) DP 85-16, VAR 85-14:
This is a request for variances to permit street yard
parking and a reduction in the required side yard setback
from twenty (20) feet to fourteen (14) feet and a request
for development plan approval of a three unit multi-family
housing project proposed to be constructed at 852 Podva
Road. (G.P. Multiple Family-Medium Density) (Zoning M-12)
(Parcel 207-011-005)
PLANNING COMMISSION ACTION: 1) Grant variances based on
the findings and amended conditions shown on Exhibit A
(attached) to permit street yard parking and a reduced side
yard setback from twenty feet to fourteen feet. 2) Approve
DP 85-16 based on the findings and amended conditions shown
on Exhibit A.
VOTE: 7-0-0-0
5.
ROBERT PHAIR (Owner) ISAKSON AND ASSOCIATES, INC.
(Applicant) MS 85-2: This is a request for a Negative
Declaration and Minor Subdivision Map approval to allow
subdivision of a 2.37 acre site into two parcels on property
located at 1 Roberts Court· (Zoning R-40) (G.P. Single
Family Residential - Low Density) (Parcel 201-120-012)·
PLANNING COMMISSION ACTION: Continued to the June 24, 1985
Planning Commission meeting to allow time for preparation of
drainage study.
VOTE: 7-0-0-0
e
SOUTHERN PACIFIC RAILROAD Request for determination of
General Plan conformity with regard to the purchase of a
Southern Pacific Railroad right-of-way between Linda Mesa
Avenue and Fostoria Way.
PLANNING COMMISSION ACTION: Continued to the June 24, 1985
Planning Commission meeting so staff may obtain an updated
map.
VOTE: 7-0-0-0
Prepared by:
Katherine Renquist
Planning Secretary
(Government Code S66462 and S66463)
($1) Subdivision: (',~'OC)I ($2) Effective Date:
{$1) Subdivider:~V'~j~J~' (S2) Completion Period:
:v
~-~NT
SUBDIVISION AGR __
'" '.~ rJ,
THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
CITY OF DANVILLE
Steven C. Lake,
City Engineer
SUBDIVIDER: (Name and Title)
By:
/ c
(NOTE: All signatures to be acknowledged.
If Subdivider is incorporated, signatures
must conform with the designated representative
groups pursuant to Corporations CodeS313.)
***************************************
2ATE OF CALIFORNIA ) SS
0DUNTY OF CONTRA COSTA)
J
On this 2nd day of April 19 86 , before me
Teri E. Diaz, a Notary Public of the State of California, duly
commissioned and sworn, personally appeared Doyle D. Heaton,
personally known to me to be the President of the corporation
that executed the within instrument on behalf of said
corporation, said corporation being known to me to be the
General Partner of the limited partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as the General Partner of Far West Associates
Ltd., a limited partnership and that such partnership
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL
NOTARY PUBLIC I~D FOR SAID STATE
STATE OF CALIFOR/qIA ) SS
COUNTY OF CONTRA COSTA)
~'~'-~7~, TERt E. DIAZ )
{~'~L~ .OTARY puBLiC CAL~FO.N,A
~,~ CONTRA COSTA COUNTY
notarized
)le signing
~lle,County
;ubdivider,
y Public of t¥
; the person
,n behalf of
.......... o~=,~ent and
acknowledged to me that such limited partnership executed the same.
j;~.~'?.~ TEt~,t E. DiAZ
~j~'~ NOTARY PUBLIC- CALIFORNIA
Witness my hand and official seal
NOTARY PUBLIC in andSfor said State
J. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to ~ernment Code $66499, and the City Ordinance Code, provide as security
to the City:
A. For Performance and Guarantee: $ 1~)~(~,~) cash, plus additional
security, in the amount of $1~4~tFY),C]D' which together total one hundred percent
{100%) of the estimated cost of the work. Such additional security is presented
in the form of:
iJ
Cash, certified check, or cashier's check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees performance under this Agreement
and maintenance of the work for one year after its completion and acceptance against
any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of $q~,6~,~, which is fifty
percent (50%) of the estimated cost of the work. Such security is presented in the
form of:
Cash, certified check, or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, the Subdivider guarantees payment to the contractor,
to his subcontractors, and to persons renting equipment or furnishing labor or materials
to them or to the Subdivider.
C. Upon acceptance of the work as complete by the City Council and upon
request of the Subdivider, the amount of the securities may be reduced in accordance
with Sg4-4.406 and Sg4-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall
be free from defects in material or workmanship and shall perform satisfactorily
for a period of one (1) year from and after the City Council accepts the work as
complete in accordance with Article 96-4.6, "Acceptance", of the Ordinance Code.
Subdivider agrees to correct, repair, or replace, at his expense, any defects in
said work.
The guarantee period does not apply to road improvements for private roads
which are not to be accepted into the City street system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work
shall consist of adequately watering plants, replacing unsuitable plants, doing weed,
rodent and other pest control and other work determined by the City Engineer to be
necessary to insure establishment of plants.
Said plant establishment work shall be performed for a period of one {1)
year from and after the City Council accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required
by the Conditions of Approval for the Subdivision. If, at any time before the City
Council accepts the work as complete or during the one year guarantee period, said
improvement plans prove to be inadequate in any respect, Subdivider shall make whatever
changes are necessary to accomplish the work as promised.
7. NO WAIVER BY CITY. Inspection of the work and/or materials, or approval
of work and/or materials or statement by any officer, agent or employee of the City
indicating the work or any part thereof complies with the requirements of this Agreement,
or acceptance of the whole or any part of said work and/or materials, or payments
therefor, or any combination or all of these acts, shall not relieve the Subdivider
of his obligation to fulftll this agreement as prescr(bed; nor shall the City be
thereby stopped from bringing any action for damages arising from the failure t~
comply with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the it
from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promis
and its special district, elective and appointive boards, commission.
agents and employees.
B. The liabilities protected against aru any liability or claim for damage
of any kind allegedly suffered, incurred or threatened because of actions defined
below, and including personal injury, death, property damage, inverse condemnation,
or any combination of these, and regardless of whether or not such liability, claim
or damage was unforseeable at any time before the City reviewed said improvement
plans or accepted the work as complete, and including the defense of any suit(s},
action(s) or other proceeding{s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or
non-negligent) in connection with the matters covered by this Agreement and attri-
butable to the Subdivider, contractor, subcontractor or any officer, agent or employee
of one or more of them.
D. Non-Conditions: The promise and agreement in this section are not
conditioned or dependent on whether or not any indemnity has prepared, supplied,
or reviewed any plan(s) or specification(s) in connection with this work or subdivision,
or has insurance or other indemnification covering any of these matters, or that
the alleged damage resulted partly from any negligent or willful misconduct of any
Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including
inspections~reof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance
with the filed map and to the satisfaction of the City Engineer before acceptance
of any work as complete by the City Council.
11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within
the time specified in this Agreement, and subsequent extensions, or fails to maintain
the work, the City may proceed to complete and/or maintain the work by contract or
otherwise, and Subdivider agrees to pay all costs and charges incurred by the City
(including, but not limited to: Engineering, inspection, surveys, contract, overhead,
etc.) immediately upon demand.
Once action is taken by City to complete or maintain the work, Subdivider
agrees to pay all costs incurred by the City, even if Subdivider subsequently completes
the work.
Should City sue to compel performance under this Agreement or to recover
costs incurred in completing or maintaining the work, Subdivider agrees to pay all
attorney's fees, and all other expenses of litigation incurred by City in connection
therewith, even if Subdivider subsequently proceeds to complete the work.
12. AS-BUILT PLANS Before acceptance of the improvements by the City Council,
the Subdivider (or his Engineer) shall furnish the City Engineer a complete set of
acceptable 35mm microfilm copies of the original tracings of improvement plans for
the subdivision (including all revisions thereto).
13. RECORD MAP. In consideration hereof, City shall allow Subdivider to file
and record the Final Map or Parcel Map for said Subdivision.
LD.AG. 30DAN
Subdivision 6601
Bond No. SCRl1110967
IMPROVEMENT SECURITY BOND Premium: $39,766
FOR SUBDIVISION AGREEMENT
(Performance Guarantee and Pa3~nent)
TM %~ ~" ~ ~m
1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement
with the City of Danville to install and pay for street· drainage, and other improvements
in Subdivision fi6N1, £aminn Rammn , as specified in the Subdivision Agreement· and to
complete said work within the time specified for completion in the Subdivision Agreement,
all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION. Far West Associates, Ltd.
as Principal, and Firmman'~ F.n~ Tn~nranop £ompa/LV
a corporation organized existing under the laws of the State of California
and authorized to transact surety business in California, as Surety, hereby Jointly and
severally bind ourselves, our heirs, executors, administrators, successors, and assigns
to the City of Danville· Contra Costa, California· to pay it:
(A. Performance & Guarantee) One hundred eightv-four thousand one
hnndrod Qnd nn/1QO ............... Dollars ($184.100.- ................. ~ for itself
or any City-assignee under the above City Subdivision Agreement, plus
(B. Payment) Ninptj two thousand five hlmdred fifty and no/100-q ..........
.................................. (Dollars ($97.550.- .................. ) to secure
the claims to which reference is made in Title XV (commencing with Section 3082) of part
4 of Division III of the Civil Code of the State of California.
.
reverse side hereof.
CONDITION. This obligation is subject to the condition set forth on the
April 2, 1986.
LA3F:~- /~./~Surety: Fireman's Fund Insurance Company
Address:P.O. Box 3136
San Francisco, C_A~ / Zip 94119
Pri~t~ Name: Jame$'"C. Jenkins
Title: Attorney-in-fact
STATE OF CALIFORN~A,
· i .e $$.
Countyof Contra Costa
mm ~ __ = ~r i l
~3
STATE OF CALIFORNIA )SS
COUNTY OF CONTRA COSTA)
SIGNED AND SEALED on
Principal: ~-/~
Address:
[x::::~ 7t ' ~,,,'9. ,,~_ z:::) Zip .~'~,z'..~';Z f)
Print Name: k~ ~ ~ [JL~ , t~'~(°.~t.
Title: ] J,. .2Dt. ~\h;e~ /.~j~.
/7
in th~ your
On this 2nd day of April 1986 , before me
Teri E. Diaz, a Notary Public of the State of California, duly
commissioned and sworn, personally appeared Doyle D. Heaton,
personally known to me to be the President of the corporation
that executed the within instrument on behalf of said
corporation, said corporation being known to me to be the
General Partner of the limited partnership that executed the
within instrument, and acknowledged to me that such corporation
executed the same as the General Partner of Far West Associates
Ltd., a limited partnership and that such partnership
executed the same.
WITNESS MY HAND AND OFFICIAL SEAL
,
NOTARY PUBLIC IN _~FOR SAID STATE
STATE OF CALIFORNIA )SS
COUNTY OF CONTRA COSTA)
~.~"~_ TER' E. DIAZ l
<~ bf.~'"~f~Z,~'y CONTRA COSTA COUNl~{ (
A. The Condition of this obligation as to Section _~.(A) ~bove is such
that if the above boOnded principal, his or its heirs, executors, administrators, successors
or assigns, shall in all things stand to and ahide by, and well and truly keep and perform
the covenants, conditions and provisions in the said agreement and any alteration thereof
made as therein provided, on is or its part, to be kept and performed at the tir~e and
in the manner therein specified, and in all respects according to their true intent and
meaning, and shall indemnify and save harmless the City of Danville (or City assignee),
its officers, agents and employees, as therein stipulated, then this obligation shall
become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount
specified therefor, there shall be included costs and reasonable expenses and fees, including
reasonable attorney's fees, incurred by the City (or City assignee) in successfully enforcing
such obligation, all to be taxed as costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.{B) above is such that
said Principal and the undersigned as corporate surety are held firmly bound unto the
City of Danville and all contractors, subcontractors, laborers, materialmen and other
persons employed in the performance of the aforesaid agreement and referred to in the
aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Act with respect to such work or labor, that said
surety will pay the same in an amount not exceeding the amount hereinabove set forth,
and also in case suit is brought upon this bond, will pay, inaddition to the fact amount
thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by the City {or City assignee) in successfully enforcing such obligation, to
be awarded and fixed by the court, and to be taxed as costs and to be included in the
judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the
benefit of any and all persons, companies and corporations entitled to file claims under '
Title 15 {commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so
as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall
become null and void, otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification
of said work agreed to by the Principal and the City shall relieve any Surety from liability
on this bond; and consent is hereby given to make such alterations without further notice
to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code
S281g, and holds itself bound without regard to and independently of any action against
Principal whenever taken.
GENERAL
POWER OF ~'"- '~",
AttORNEY FI VIAN'S FUND INSURANCE CaM NY
KNOW ALL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a Corporation duly organized and existing under the
laws of the State of California, and having its principal office in the City and County of San Francisco, in said State, has made, constituted and appointed,
and does by these presents make. constitute and appoint
..... JAMES C. JENKINS .....
its true and lawful Attorney(s)-in-Fact. with full power and authority hereby conferred in its name. place and stead. to execute. seal. acknowledge and
deliver any and all bonds. undertakings. recognizances or other written obligations in the nature thereof.
and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President. sealed with the corporate seal of the
Corporation and duly attested by its Secretary. hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises.
This power of attorney is granted pursuant to Article VII!. Section 30 and 31 of By-laws of FIREMAN'S FUND INSURANCE COMPANY now in full
force and effect.
-Article VIII, Appointment and Authority iq Resident Assistant $e(retaries. and Attornevqn-Fa(t and Agents to a( cept Legal Process and Make Appearan('es.
Section 30. Appointment. The Chairman of the Board of Directors. the President. any Vice-Presidem or any other person authorized by the Board of Directors. the Chairman of the Board of
Directors. the President or any Vice-president. may. from time to time, appoint Resident Assistant Secretaries and Attorneys-in-Fact to represent and act for and on behalf of the Corporation and
Agents to accepl legal process and make appearances for and on behalf of the Corporation,
Section 31. Authority, ]'he Authority of such R¢sidenl Assistant Secretaries. Attorneys-in-Fact. and Agents shall be as prescribed in the instrument evidencing their appointment. and an,~ such
appointment and all a0tbority granted thereby may be revoked at any time b', the Board of Directors or by any person empowered to make such appointment."
This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S
FUND INSURANCE COMPANY at a meeting duly called and held on the 15th day of July. 1966. and said Resolution has not been amended or
repealed:
"RESOLVED. that the signature of any Vice-President. Assistant Secretao. and Resident Assistant Sectetna of this Corporation. and the seal of this
Corporation may be affixed or printed on any power of attorney,. on any revocation of any power of attorney. or on any certificate relating thereto. b~
facsimile. and any power of attorney. any revocation of any power of attorney. or certificate bearing such facsimile signature or facsimile seal shall be
valid and binding upon the Corporation.
IN WITNESS WHEREOF. FIREMAN'S FUND INSURANCE COMPANY has caused these presents to be signed by its Vice-President.
and its corporate seal to be hereunto affixed this 4th day of December . 1979
FIREMAN'S FUND INSURANCE COMPANY
Vice-pre~idem
STATE OF CALIFORNIA, 'i NS.
CITY AND COUNTY OF SAN FRANCISCO
anthis 4thdayof December . ~o 79 , before me personally came William W. Lauber
to me known. who. being by me duly sworn. did depose and sa~,: that he is Vice-President of FIREMAN'S FUND INSURANCE COMPANY. the
Corporation described in and which executed the above instrument: that he knows the seal of said Corporation: that the seal affixed to the said instrument
is such corporate seal: that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order
IN WITNESS WHEREOF. 1 have hereunto set m~ hand and affixed my official seal. the day and year herein first above written.
IIiIIUUIIIIIIlIIIIUnUNUlIIlIIIBUlUnUllIIlllIlll l
II OFFICIAL SEAL J
.-=/~ SUSIE K. GILBERT i
: (~,~) NOTARY ~-CAUFORNIA l
,:, '~lg/ Off & COUNTY OF SAN FRANCISCO II
s ~ My co,,,.,i~ ~ No,,. t7, t98o j
!lllUlllllllllll!!Jll' llrl - - -le )k'YIII
SS.
CERTIFICATE
Nolar,, Public
STATE OF CALIFORNIA,
CITY AND COUNTY OF SAN FRANCISCO
I. the undersigned. Assistant Secretary of FIREMAN'S FUND INSURANCE COMPANY. a CALIFORNIA Corporation. DO HEREBY CERTIFY
that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked: and furthermore that Article VIII.
Sections 30 and 31 of the By-laws of the Corporation. and the Resolution of the Board of Directors. set forth in the Power of Attorney. are now
in force.
Signed and sealed at the City and County of San Francisco. Dated the 2rid day of ApPi 1 , 19 86
/;,<? ,,~
,~i.,:i .' °°,,. 0 ~'a
.; uS, '
360711 (HO)~FF'-- 3-78