HomeMy WebLinkAbout033-86RESOLUTION NO. 33-86
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE
APPROVING FINAL MAP AND SUBDIVISION AGREEMENT
FOR SUBDIVISION 6651 - CIMARRON HILLS I
The following documents were presented for Council approval this
date:
A Final Map of Subdivision 6651 - Cimarron Hills I, said
map having been certified by the proper officials;
A Subdivision Agreement with Davidon Homes, subdivider,
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:
A.
Cash deposit in the amount of $11,400.00 made by
Davidon Homes.
B.
Additional security in the form of corporate surety
bond dated April 7, 1986 and issued by American
Insurance Company in the amount of $1,128,600.00 for
faithful performance and $570,000.00 for labor and
materials.
II.
Letter of credit in the sum of $45,000.00 issued by
Security Pacific National Bank with Davidon Homes as
principal to cover the cost incurred by the Sycamore Valley
Assessment District in providing a temporary project
entrance, temporary channelization and partial installation
of a traffic light (mainly the installation of traffic
signal conduits at the intersection of Camino Tassajara and
S Street.
The cost is summarized as follows:
a) Installation of blank conduit
b) Transition pavement removal
of striping
$20,000.00
$25,000.00
TOTAL
$45,000.00
510 La Gonda Way · Danville, California 94526 (415) 820-6337
It's understood that these funds will be used to reimburse
the Assessment District and the remainder reimbursed to the
developer.
III. 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 $153,250.00
IV.
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. SCRl1110773, issued by The American
Insurance Company with Davidon Homes as principal, in the
amount of $153,250.00 guaranteeing the payment of the
estimated tax;
V. The recordation of the Final Map shall occur only after:
a)
The agreement for maintenance purposes between the
Flood Control District and Davidon Homes is approved by
both parties and the City of Danville.
b)
Compliance with the requirements of the San Ramon
Valley Unified School District as specified in the
Sycamore Valley Specific Plan. Said compliance shall
be verified in the form of a letter of understanding or
agreement prior to recordation of the Final Map.
c)
An agreement with the city, East Bay Regional Park and
Davidon Homes addressing the disposition and
improvement of lands designated as open space is
approved by all parties.
d) Fish & Game permit approval.
Should this not occur within 45 days from the date of
adoption of this Resolution, the City will rescind the
approval of the Final Map.
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 Parcel Map is approved and
this Council does not accept or reject on behalf of the public
any of the streets, paths, or easements shown thereon as
dedicated to public use.
BE IT FURTHER RESOLVED that maid Subdivision Agreement is
also approved.
PASSED, APPROVED AND ADOPTED this
the following vote:
I0th
AYES: Kennett, Lane, McNee]y, Schlendorf
NOES: None
ABSTAIN: None
ABSENT: 0ffenhartz
day of April, 1986, by
ATTEST:
y Clerk
Originator: Engineering Department
Mayor
ADMINISTRATIVE STAFF REPORT
TO: Mayor and City Council
April 10, 1986
SUBJECT:
Approval of the Final Map and Subdivision Agreement
for Subdivision 6651 - Cimarron Hills I
BACKGROUND
On May 5, 1982, the San Ramon Valley Area Planning Commission
approved a Tentative Map for Subdivision 6155, also known as the
Woodranch. The project included 757 dwelling units on a total
of 1153 acres in Sycamore Valley· On June 8, 1982, the Contra
Costa County Board of Supervisors adopted Ordinance 82-33
approving the P-1 zoning for 2487 RZ.
The latest extension on the project Tentative Map and rezoning
was granted by City's Planning Commission on September 30, 1985
(see Exhibit B). Under the State's Subdivision Map Act on the
filing of multiple Final Maps on one approved Tentative Map, the
City has requested and obtained an agreement with its title
company and its assigned escrow agent for the handling of
recordation sequence in the following order:
1. Subdivision 6651 - Cimarron Hills I;
·
Subdivisions 6562 and 6685 (Ponderosa and Cimarron
Hills II) to be determined at a later date with the
City and developer.
Key items which have been included in this Final Map are:
bonding for a traffic signal on Camino Tassajara
Parkway;
dedication of all required easements.
Key items not included in this Final Map, but will be approved
at a later date, are as follows:
m
m
School District acceptance
Flood control maintenance agreement
EBRPD acceptance or open space
Fish and Game permit
All other conditions of approval for this project have been
completed as required.
RECOMMENDED ACTION(S)
It is recommended that the City Council adopt Resolution No.
33-86 approving the Final Map and Subdivision Agreement for
Subdivision 6651.
COST IMPACT
None
Prepared by:
Mark Nothaft ~f
Associate Civil Engineer
Attachments:
Exhibit A - Project Location Map
Exhibit B - Planning Commission Staff Report, 12/9/85
Exhibit C - Planning Commission Summary of Actions, 12/9/85
PARCEL
A ,
r
RICCA
140'92 OR
EXHIBIT'A
2685 OR 284
~584I
14~41
9772 OR 085
7045 OR 547
PAI~CEL B
PARCEL C
PARCEL F
PARCEL
PARCEL G
C
EXHIBIT_13
PLANNING COMMISSION REGULAR MEETING
-Date: December 9, 1985
PUBLIC HEARING:
YES NO
NOTICE PUBLISHED IN NEWSPAPER No
NOTICES MAILED TO PROPERTY OWNERS WITHIN 300 FEET
No
.ITEM:
Woodranch Subdivision 6155, 2487 RZ
RECOMMENDATION:
Approve one year extension of the Tentative
Map for MS 6155 and 2487 RZ
LOCATION:
APN:
ACREAGE/SQ. FT.:
North and South sides of Camino Tassajara,
westerly of Dougherty and Old Blackhawk Roads
215-090-20; 215-100-03; 217-040-04;
217-040-05; 217-040-11; 217-040-12;
217-040-15, 16, 17 & 18
1153 acres
PROPOSAL:
Extension of Subdivision Map and Rezoning
OWNER:
AGENT:
PREVIOUS ACTION:
EIR:
Olympia Properties, Ponderosa Homes,
Davidon Homes and Donald Wood
Jim Ghilmetti; Len Fryer; Wayne Policz
and Donald Wood
Previous one year extension granted by the
City Council on February 4, 1985.
Sycamore Specific Plan EIR and Addendum
GENERAL PLAN:
ZONING:
Single Family High Density, 4-7; Single Family
Low Density, 1-3; Specialized Commercial,
General Open Space
P-1
LAND USE: Cattle grazing, farming, Wood family estate
BACKGROUND
On May 5, 1982, the San Ramon Valley Area Planning Commission
approved a Tentative Map for Subdivision 6155, also known as the
Woodranch. The project included 757 dwelling units on a total
of 1153 acres in Sycamore Valley. On June 8, 1982, the Contra
Costa County Board of Supervisors adopted Ordinance 82-33
approving the P-1 zoning for 2487 RZ.
Under local ordinance, both approvals were valid for a period of
thirty months, the Tentative Map until November 5, 1984 and the
rezoning until January 8, 1985. Because no Final Maps had been
recorded, nor construction commenced, both approvals would have
expired on those dates. However, in October 1984, the
applicants filed a written request for extension of both
.matters. That request was subsequently granted by the City
Council, extending the effective dates of the Tentative Map and
rezoning to November 5, 1985 and January 8, 1986 respectively.
On September 30, 1985, the applicants submitted a written
request for a second one year extension of the Tentative Map and
rezoning (see Exhibit B).
Evaluation
The previous and current extensions have been necessitated due
to the period of time required to implement the Sycamore Valley
Specific Plan and form Assessment District 1985-1. With the
recent formation of the Assessment District on November 18,
1985, the applicants are now prepared to proceed with
preparation of improvement plans and recordation of final maps.
The State Subdivision Map Act allows for the granting of up to
three one year extensions on the project Tentative Map. If the
current extension is granted, the applicant could apply for an
additional one year extension.
Under the P-1 district requirements, the zoning may be extended
for up to five additional years, in one year increments. If the
current extension is granted, the applicant could apply for up
to three additional one year extension.
Conclusion
Staff supports the request for extension of both the Tentative
Map and the rezoning. The Exhibit A - Conditions of Approval
for the project contain four revisions beyond those changes
incorporated through the previous one year extension. These
changes concern modifications to Conditions 5, 14 and 18 and the
addition of Condition 25. Conditions 5 and 14 have been
reworded c6~nsistent to all other major project approvals which
have been granted inSycamore Valley. Condition 18 will allow
the City to reserve a portion of the drainage easement along
Sycamore Creek for future public trail purposes. Again this is
consistent with conditions imposed upon Subdivisions 6516
(Shapell), 6196 (Blackhawk) and 6661 (Olympia). Finally
Condition 25 has been added to require installation of a traffic
signals along Camino Tassajara. Two of the three developers
involved in Subdivision 6155 have already been required to
contribute to signalization through Tentative Map revisions
which have been approved. This condition is being added to the
entire project in order to assure provision of both traffic
signals to be required along the project frontage.
It should be noted that all of the applicants are participating
in Assessment District 1985-1 for Sycamore Valley.
RECOMMENDATION
Approve the request for a one year extension of the Tentative
Map for Subdivision 6155 to November 5, 1986 and the P-1 zoning
under 2487 RZ to January 8, 1987 subject to the Exhibit A -
Conditions of Approval attached hereto.
EXHIBIT A
CONDITIONS OF APPROVAL
2487-RZ and Subdivision 6155
These conditions shall not apply to the area encompassing lots
331-469. 564-655 and 700-754 as shown on the Tentative Map
approved May 5, 1982. Those areas are the subject of Tentative
Map revisions approved by the City of Danville on September 23,
and November 12, 1985 and shall be re=ulated based upon the
revised conditions attached to those respective approvals.
1. This approval is based on the Preliminary Development Plan
and Final Development Plan submitted by the applicants on
March 16, 1982. Any revisions, including site plans or
architecture shall be submitted for review and approval of
the Director of Planning.
2. The total number of residential units shall not exceed 757
units. Distribution of units shall be as follows:
Country Estates
Single Family Low Density
Patio Homes/Zero Lot Line
30 lots
443 lots
284 lots
3. The land uses and minimum dimensional standards and
req~/irements shall be in accordance with the ordinance
requirements for the principal and accessory structures on
these lots as follows:
Woodranch
Ordinance Standards
Country Estate Lots
Single Family Low Density
Patio Homes/O-Lot Line
R-40 Standards
R-10 Standards
10 ft. between units,
20 ft. front yard
setback and
15 ft. rear yards
Any deviation from these criteria or interpretation of
standards shall be subject to the administrative review and
approval of the Director of
Planning.
4. Covenants, Conditions and Restrictions, Articles of
Incorporation and By-Laws for a mandatory homeowners
association shall be submitted for review by the City_
Attorney with the application for approval of a Final
Subdivision Map. These documents shall provide for
establishment, ownership, and maintenance of the Common Open
Space and private areas.
.
The developer shall enter into an acceptable agreement with
the City, addressinq the disposition and improvement of
lands designated as open space prior to issuance of grading
permits or recordation of Final Maps for the project,
whichever shall first occur.
6. The recreation facilities shall be developed with the first
phases of development on either the north or south side of
Camino Tassajara.
7. Plans for street lighting and signage and entry signage as
required by the Specific Plan shall be submitted in
conjunction with final architectural plans at building
permit application submittal to assure compatibility with
building materials, colors and placement.
8. The 7.5 acre parcel, which is a portion of sub-area "C",
shall be rezoned from Agricultural Preserve (A-4) to Planned
Unit District (P-l) to allow for the development of
single-family residential units associated with the R-12
Single Family District. A Final Development Plan for this
purpose will be necessary prior to any development of the
area.
9. The Wood Homestead Museum, designated Agricultural Preserve,
and shown on the Specific Plan as the Wood Homestead Museum
shall be rezoned from Agricultural preserve (A-4) to Planned
Unit District (P-l). A Final Development Plan consistent
with the Specific Plan text shall be submitted which allows
for a service or office complex, integrating the historical
buildings with the plan. This shall be accomplished and
approved prior to development of the site.
10. Landscape plans for the common areas adjacent to the creek,
and streets in the project shall be submitted for staff
review and approval by the Planning Director when the
grading permits are issued within those areas. Plans shall
be prepared consistent with development standards set forth
within the Specific Plan.
11. Subdivision maps for the development of the area shall not
be recorded until an ordinance adopting this rezoning has
been finalized.
12. All grading plans shall be accompanied by erosion control
and revegetation plans. Said plans shall be prepared
consistent with Grading and Erosion Control Requirements set
forth within the Specific Plan.
13. In accordance with Section 92-2.006 of the City Ordinance
Code, this subdivison shall conform to the provisions of the
City subdivision ordinance (Title 9). Any exceptions
therefrom must be specifically listed in this conditional
approval statement.
14. Developer shall participate in an assessment district or
other funding mechanism for completion of all requirements
contained in the Sycamore Valley Specific Plan pursuant to
the approved Scope of Improvements as amended and adopted by
the City Council on July 3. 1985. In addition, the
developer shall participate in a Lighting and Landscaping
Maintenance District to be formed in accordance with the
Landscaping and Lightinq Act of 1972.
Such participation shall be assured prior to final map
recordation.
15. Submit improvement plans to the City Engineer for review;
pay all inspection fees, plan review fees and applicable
lighting fees.
16. Convey to the City of Danville, by offer of dedication on
Old Blackhawk Road, additional right of way to provide for a
minimum right of way of 52 feet. Reductions in width may be
allowed because of topographical and other constraints
subject to the approval of the City Engineer.
17. Convey to the City of Danville, by offer of dedication all
necessary right of way on Camino Tassajara as required for
the planned parkway.
18. Dedicate a drainage easement on Sycamore Creek to Contra
Costa County Flood Control District conforming to the
adopted Floodway Plan. the wouthernmost 50 feet of that
easement shall also be dedicated to the City of Danville for
public trail access purposes.
19. Construct all drainage structures within the property
conforming to the Sycamore Creek Floodway Plan. The bridge
on the entry road to the Wood property shall be improved to
be hydraulically adequate.
20. Abutter's rights of access along Camino Tassajara, except
for the intersection areas, shall be relinquished. The
relinquishment shall include the right of way returns of the
affected subdivisions.
/~ · ,~-~
21. All interior subdivision streets shall be dedicated to the
City of Danville and constructed to City public road
standards.
22. 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.
23. The project developers shall install two traffic signals at
the intersection of "A" and "S" streets and Camino
Tassajara. Fifty percent of the cost of the sianal at the
west end of the project (at "A" Street and Camino Tassaiara)
shall be reimbursed to the develoDer uDon develoDment of
properties south of the parkway.
24. Comply with all requirements of the San Ramon Valley Fire
Protection District with respect to emergency vehicle access
and all fire code requirements. Developer shall participate
in funding the construction of new facilities, amount and
extent of which shall be determined prior to final map
recordation.
25. Comply with all requirements of the San Ramon Valley Unified
School District including participation in provision of an
elementary school site as determined by the District prior
to final map recordation.
lp: pcr129a
CITY OF DANVILLE PLANNING COMMISSION
SUMMARY OF ACTION
December 9, 1985
SAN RAMON VALLEY SCHOOL DISTRICT BOARD ROOM
CONTINUED PUBLIC HEARING:
le
CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS (Owner) THE
DAHLIN GROUP (Applicant) DP 85-25: VAR 85-25: This is a
request for a Negative Declaration and Final Development
Plan approval to allow construction of a church building on
property located on the north side of Sycamore Valley Road
at the easterly terminus of Freitas Road. A parking
variance is also requested to allow the use of compact car
parking spaces to satisfy the required parking for the
use. (APN 216-410-019) (General Plan: Public &
Semi-Public) (Zoning P-l).
Staff gave a detailed presentation recommending granting of
the Negative Declaration, approval of the requested
variance and final development plan.
Commissioner Hendricks asked if the proposed deceleration
lane on Sycamore Valley Road would be adequate for the
amount of traffic or would "stacking up" occur and impact
the travel lanes. Commissioner Greenberg asked staff for
site coverage figures and width of the landscape buffer on
the west side. Commissioner Greenberg also expressed her
concern regarding the adequacy of available parking should
the chapel and cultural hall be in use at the same time.
Staff responded that the parking would be adequate for up
to 659 persons. Commissioner Wright addressed the issue of
the sound wall stating he felt it was unnecessary to
provide one along the frontage of the church site. He also
inquired as to whether or not the Church would be included
in the assessment district. Commissioner Hirsch asked
that should the assessment district fail would a condition
be included insuring the improvements. Chairman Hirsch
also questioned staff regarding the possibility of an Old
Orchard Road access and was informed by staff that the
School District has not as yet made their decision.
Commissioner Greenberg asked staff if a bike lane would be
included in the Assessment District standards and was given
an affirmative answer. Commissioner Wright asked staff if
the Assessment District would construct the sound wall.
Staff responded that this was the case and that the wall
would be constructed on both sides of Sycamore from 1-680
to Camino Tassajara.
Brad Anderson, applicant, gave no formal presentation but
did address the issues of usage, access and the proposed
assessment district. He also noted that due to the useful
meetings between himself and the Architectural Review
Committee a far more aestheically pleasing project
resulted.
Mr. Anderson asked that the proposed sound wall be
discontinued in front of the Church property and concluded
his comments citing the project as a handsome addition to
Danville.
Commissioner Greenberg noted that materials used should be
subject to staff approval and confirmed that the spier is
not illuminated. She also asked for clarification with
regard to trash enclosures and the use of outdoor P.A.
systems.
Commissioner Hendricks suggested that the color of the
south elevation open gable as proposed be altered.
The following speaker addressed the Commission on the
project.
Bishop Woolez7
Bishop Woolery expressed his happiness with the project as
completed and the desire of the Church to expand its
contribution to the community and congregation. He
addressed the issue of the sound wall stating the church
would not be contributing to the sound problem during the
week and the building will enhance the view on Sycamore
Valley Road.
Commissioner Greenberg addressed the issue of parking
suggesting that either a provision for limited occupancy or
a reciprocal agreement with the school board be reached to
insure no "spill-over" on Freitas Road.
Bishop Kay Anderson
Bishop Anderson commended all involved in the project. He
requested that more height be allowed on the church spier
stating that mature trees would partially obscure it. He
felt the traffic generation would be lessened by the large
number of their congregation that would be walking to the
church.
Mr. Don Geahry. Danville Association
Mr. Geahry noted the following two concerns of the
Association; size and massive roofline. It is the
recommendation of the Association that 1) there be
additional landscaping to the west of the building and, 2)
inclusion of a bike path through church property.
Commissioner Wickline asked if the property is in a
lighting district and staff responded that this was in
process of being formed.
The following motion was made by Commissioner Greenberg and
seconded by Commissioner Wright:
Grant a Negative Declaration and approve the Final
Development Plan and variance subject to the Findings and
amended Conditions of Approval contained in Exhibit A.
AYES: Greenberg, Wickline, Hendricks, Vilhauer, Wright,
Hirsch
NOES:
ABSTENTIONS:
The Commission also uanimously passed a motion endorsing
the Old Orchard Road access through the School District
property and encouraging the School District's approval·
NON PUBLIC HEARING:
·
WOODRANCH; OLYMPIA PROPERTIES, INC., PONDEROSA HOMES OF
NORTHERN CALIFORNIA, INC., DAVIDON HOMES, DONALD WOOD
(Applicant & Owners) Subdivision 6155, RZ 2487: This is a
request to consider a one year extension of a tentative
subdivision map for 757 single family lots and open space
for 1153 acres located in the Sycamore Specific Plan area,
northerly and southerly of Camino Tassajara at Old
Blackhawk Road and Dougherty Road. (Parcels 215-100-001,
217-040-002, 003 004, 005 and 006).
Staff gave a brief presentation requesting the Commission's
approval of the one year extension noting the first
paragraph of the Conditions of Approval.
Commissioner Wickline noted that there was an appeal to the
City Council on February 4, 1985 of a Planning Commission
denial of the extension on January 14, 1985. Staff
axDlained that City Council upheld the Commission's two
conditions in question and granted the extension.
T~
Commissioner Wickline noted that there was no condition
relative to fire retardant roofing included in these
conditions of approval and staff responded that an
Ordinance would be adopted prior to building permit
issuance.
Commissioner Vilhauer asked staff if plans would be
submitted to the Architectural Review Committee. Staff
responded that this would occur only if the applicant
requested a change or revision to existing plans.
The following motion was made by Commissioner Vilhauer and
seconded by Commissioner Greenberg:
Approval of request for one year extension of the Tentative
Map for Subdivision 6155 to November 5, 1986 and the P-1
Zoning under 2487 RZ to January 8, 1987 subject to
Conditions of Approval as shown on Exhibit A.
AYES: Greenberg, Vilhauer, Hendricks, Hirsch
NOES: Wickline
ABSTENTIONS:
NEW PUBLIC HEARINGS:
3. PHIL SMITH AND RICHARD JEHA (Applicant and Owner) DP 85-39,
VAR 85-30: This is a request for a Negative Declaration
and Development Plan approval of a proposed commercial
office complex consisting of approximately 14,385 square
feet of office space and related facilities on an
approximately 0.9 acre site located at 318 Diablo Road.
This is also a request for variances from zoning ordinance
requirements related to parking and signage. (APN
196-210-014,046,047) (General Plan: Limited Office)
(Zoning O-1).
Staff gave a detailed presentation of the project to the
Commission recommending that a negative declaration be
granted and approval of the development plan and related
variances. Staff noted that potential effects related to
traffic and the impacts on Green Valley Creek will be
mitigated by various conditions of approval.
Mr. John Malony, owner of the building at the rear of the
proposed project site addressed the Commission with a
number of concerns including his accessibility to Diablo
Road, landlocking his property precluding future
development, drainage and lack of visibility from Diablo
Road. Steve Harriman, project applicant, responded to
concerns expressed by Mr. Malony .
The public hearing was closed and it was suggested by staff that
the matter should be continued in order to resolve the following
·
Issues.
- cross easements
- access
- equitable parking
- signage
Staff then offered the Commission the following three options
due to lack of agreement between the property owners:
- Approve the project based on acceptable agreement being
reached between the applicant and the property owner to
the rear.
- Base the approval on a master plan for both properties.
- Continue the matter indefinitely pending resolution of
the issues pertaining to the various easement·
Commissioner Greenberg made the motion to continue this matter
to allow all parties to reach a mutually acceptable agreement
for the resolution of those items outlined by staff, and a
revision to the site plan to provide front doors or other
suitable screening for the staircase, and upon reaching said
agreement renotic. to a date specific.
AYES: Wickline, Vilhauer, Hirsch, Hendricks, Greenberg
NOES:
ABSTENTIONS: Wright
·
DANVILLE LIVERY AND MERCANTILE (Owners) JOHN HOWENSTEIN,
INC. (Applicant) SR 85-6, VAR 85-31 and SR 85-7, VAR 85-32:
This is a request for sign review and variances to allow
building mounted signs in excess of the 15 foot height
limitation at two restaurants in the Danville Livery and
Mercantile Center located at 100 and 200 Sycamore Valley
Road West (APN 208-540-006 & 009) (General Plan:
Specialized Commercial ) (Zoning: P-l).
Staff made a brief presentation recommending approval of
the variance requests and the two sign programs.
Mr. John Howenstein, applicant, gave a brief presentation
on the two sign programs for both restaurants noting the
"low-key" design of the exterior illuminated signs·
Commissioner Greenberg asked how the signs were to be
illuminated and was told by roofline floodlighting.
The following motion was made by Commissioner Wright and
seconded by Commissioner Greenberg:
Approve variance requests and approve the overall sign
program for "Tony Romas'" and "Flakey Jakes'."
AYES: Wright, Hendricks, Hirsch, Greenberg, Wickline
NOES:
ABSTENTIONS: Vilhauer