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HomeMy WebLinkAbout034-86RESOLUTION NO. 34-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DANVILLE APPROVING FINAL MAP AND SUBDIVISION AGREEMENT FOR SUBDIVISION 6685 - CIMARRON HILLS II The following documents were presented for Council approval this date: A Final Map of Subdivision 6685 - Cimarron Hills II, 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 $7,082.90 made by Davidon Homes. Be Additional security in the form of corporate surety bond dated April 7, 1986 and issued by American Insurance Company in the amount of $702,107.10 for faithful performance and $354,145.00 for labor and materials. II. 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 and Game permit approval· 510 La Gonda Way · Danville, California 94526 (415) 820-6337 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. 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, ie 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; 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 said Subdivision Agreement is also approved. PASSED, APPROVED AND ADOPTED this 10th the following vote: day of April, 1986, by AYES: Kennett, Lane, McNeely, Schlendorf NOES: None ABSTAIN: None ABSENT: 0ffenhartz ATTEST: ~~~Cl y ~ler~ 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 6685 - Cimarron Hills II 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: - Dedication of all required easements· Key items not included in this Final Map, but will be approved at a later date, are as follows: I m i School District acceptance Flood control maintenance agreement 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. 34-86 approving the Final Map and Subdivision Agreement for Subdivision 6651. COST IMPACT None Prepared by: Mark Nothaft 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 RICCA 11092 OR EXHIBIT 2685 OR Z84 5a41 14~41 9772 OR 085 7043 OR 547 PAIRCEL B ~,~J:,: ~ ~'~) Cima,rro~ Hi 11,.5 . ~.~5 PARCEL F c:3, b h ~:o c:O,ar:~ PARCEL C )b h :~ ~r~ ,-', PARCEL PARCEL G c~' b II ~, ~, ,ar:b o \ ¢ 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 estat~ BACKGROUND On May 5, 1982, the San Ramon Valley Area Planning Commission approved a Tentative Hap 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 consistent to all other major project approvals which have been granted in Sycamore 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. CITY OF DANVILLE PLANNING COMMISSION SUMMARY OF ACTION December 9, 1985 SAN RAMON VALLEY SCHOOL DISTRICT BOARD ROOM CONTINUED PUBLIC HEARING: l. 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 Woolery 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 explained that City Council upheld the Commission's two conditions in question and granted the extension. 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: · 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 0-1). 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 renotice 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