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RESOLUTION 14-87
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
CERTIFYING REVIEW AND CONSIDERATION OF THE ENVIRONMENTAL IMPACT
REPORT PREPARED FOR THE DOUGHERTY ROAD AREA GENERAL PLAN
AMENDMENT, MAKING FINDINGS REGARDING SIGNIFICANT IMPACTS, AND
UPHOLDING THE APPEAL OF THE DECISION OF THE PLANNING COMMISSION
WITH REGARD TO THE FINAL DEVELOPMENT PLAN AND VESTING TENTATIVE
SUBDIVISION MAP FOR THE VISTA TASSAJARA PROJECT (PUD 86-4, SD
6736).
WHEREAS, applications for Final Development Plan (PUD 86-4)
and Vesting Tentative Subdivision Map were properly filed by
Live Oaks Associates II in accord with the rules and regulations
governing the filing of such applications, and
WHEREAS, the applications were filed to allow construction
of 240 single family dwellings on an approximately 133 acre site
located on the south side of Camino Tassajara approximately 1100
feet west of Lawrence Road know and referred to as the Vista
Tassajara Project, and
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WHEREAS, the applications were filed pursuant to the
provisions of Ordinance 100 which ordinance resulted in
prezoning of the site to the Planned Unit District (P-l) and
approval of the Preliminary Development Plan, and
WHEREAS, the Planning Commission held a duly noticed public
hearing to consider the Final Development Plan and Vesting
Tentative Subdivision Map applications on February 17, 1987, and
WHEREAS, the Town staff has presented substantial factual
information regarding the proposed Final Development Plan and
Vesting Tentative Subdivision Map, and
WHEREAS, the Planning Commission has considered all public
testimony and information presented during the public hearings
regarding these applications; and
WHEREAS, the Planning Commission reviewed and considered
the Environmental Impact Report (EIR) prepared for the Dougherty
Road Area General Plan Amendment and found that the EIR was
adequate, satisfying the requirements of the California
Environmental Quality Act (CEQA), based on consideration of the
EIR as a "Program EIR", and
WHEREAS, the Planning Commission on February 17~ 1987 acted
to deny the applications for Final Development Plan and Vesting
Tentative Subdivision Map, and
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WHEREAS, the action of the Planning Commission was appealed
by Live Oak Associates II on February 19, 1987 stating
objections to the denial of the project by the Planning
Commission, and
WHEREAS, the Town Council held a duly noticed public
hearing to consider the appeal of the Planning Commission action
on March 19, 1987, and
WHEREAS, the Town staff has presented substantial factual
information to the Town Council regarding the project and the
appeal including:
Ae
Staff report to the Planning Commission dated January
14, 1987;
Bo
Copy of the letter of appeal filed by Live Oak
Associates II; and
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Staff analysis and response to the appeal contained in
the staff report to the Town Council dated March 19,
1987.
WHEREAS, the Town Council has considered all public
testimony and information presented during the public hearing
regarding the appeals, and
WHEREAS, the Town Council has reviewed and considered the
EIR prepared for the Dougherty Road Area General Plan Amendment.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF DANVILLE AS FOLLOWS:
Ae
The Environmental Impact Report (EIR) prepared for the
Dougherty Road Area General Plan Amendment was certified by
Contra Costa County on March 12, 1985.
B,
Contra Costa County adopted findings regarding the EIR
through adoption of Board of Supervisors Resolution 85/133
and Planning Commission Resolution 47-1984 (SR) (said
resolutions are incorporated herein by this reference)
including mitigation measures for the project, which
mitigation measures provided for additional study in certain
areas as follows:
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Mitigation of off site traffic impacts was required to
be shared among the various developments within the
area covered by the Dougherty Road Area General Plan
Amendment as well as adjacent projects. A traffic
study was completed by the consulting firm of TJKM in
July, 1986 titled "Crow Canyon Corridor Transportation
Study" identifying necessary traffic improvements which
are required. Pursuant to conclusions of the traffic
study conditions of approval are included as the
responsibility of the developers which require
construction of certain on and off-site improvements,
and payment of a traffic mitigation fee which will be
used by Contra Costa County, the Town of Danville and
the City of San Ramon to fund specified off site
traffic improvements. All improvements to be
constructed are intended to maintain a traffic
condition no worse than Level of Service 'D'.
Geologic and soils impacts are best evaluated at the
time of consideration of specific development proposals
for the site. Accordingly, a soils and geologic study
for the Vista Tassajara Project was prepared by
Hallenbeck and Associates, titled "Soil and Geologic
Study Big Lone Oak Project Site" dated December 6,
1985, which study identifies measures which can and
should be taken in order to develop the site as
proposed· Conditions of approval, including a
requirement for review of the soils and geologic study
by an independent third party, will assure proper
design and construction of site improvements.
Drainage and water quality impacts have been addressed
through design of the project and further through the
condition of project approval which require preparation
of drainage studies for the purpose of sizing various
drainage structures, and which require participation in
a study of the Alamo Creek watershed area, including
contribution towards identified improvements which are
required.
Noise impacts associated with the project are primarily
those which future residents of the project may be
subjected to due to the proximity of the project to
Camino Tassajara. These impacts are required to be
discussed in a noise impact analysis prepared prior to
development of the site. Compliance with any
mitigation measures identified in said study is
required by the conditions of project approval.
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C.
Statement of Overriding Consideration.
1. To the extent that the EIR for the Dougherty Road
Area General Plan Amendment and Addenda thereto find
that there remains an unmitigated environmental
traffic impact on Highway 680 from the proposed
project, the Town Council finds such impact justified
by the need to increase the housing supply in the Town,
in a range of densities providing for a variety of
family sizes, income levels and age groups, in order to
accommodate the Town's growing population and
employment base and by the need to preserve open space
and agricultural land within the Town on a permanent
basis. Further, funding of Interstate Highway
construction projects is the responsibility of agencies
other than the Town of Danville at the State and
Federal level, although the Vista Tassajara Project is
required to contribute towards construction of a Park
and Ride lot at the 1-680/Sycamore Valley Road
interchange in order to help relieve traffic impacts on
1-680.
·
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remains an unmitigated environmental impact
reflected in the decrease in agricultural lands for the
proposed project, the Town Council finds such impact is
justified by the need to increase the housing supply in
the Town, in a range of densities providing for a
variety of family sizes, income levels and age groups,
in order to accommodate the Town's growing population
and employment base. Furthermore, the developer of the
project has dedicated 89 acres out of a total of 133
acres to permanent open space which assures the
preservation of long term agricultural lands in the
area.
·
To the extent that the EIR for the Dougherty Road
Area General Plan Amendment and Addenda thereto find
that there remains an unmitigated environmental impact
on air quality from the proposed project, the Town
Council finds such impact justified by the need to
increase the housing supply in the Town, in a range of
densities providing for a variety of family sizes,
income levels and age groups in order to accommodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis.
·
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remains an unmitigated environmental impact on
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noise levels from the proposed project, the Town
Council finds such impact justified by the need to
increase the housing supply in the Town, in a range of
densities providing for a variety of family sizes,
income levels and age groups, in order to accommodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis·
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remain unmitigated environmental impacts on the
use of resources such as gas, electricity, water, and
sewer capacity to serve the proposed development, the
Town Council finds such impacts justified by the need
to increase the housing supply in the Town, in a range
of densities providing for a variety of family sizes,
income levels and age groups, in order to accommodate
the Town's growing population and employment base and
by the need to preserve open space and agricultural
land within the Town on a permanent basis.
To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remain unmitigated environmental impacts on
visual and aesthetic values by the proposed
development, including open space, the Town Council
finds such impacts justified by the need to increase
the housing supply in the Town, in a range of densities
providing for a variety of family sizes, income levels
and age groups, in order to accommodate the Town's
growing population and employment base and by the need
to preserve open space and agricultural land within the
Town on a permanent basis. Furthermore, the developer
of the project has dedicated 89 acres out of a total of
133 acres to permanent open space which preserves the
visual and aesthetic values of the area.
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F.
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To the extent that the EIR for the Dougherty Road Area
General Plan Amendment and Addenda thereto find that
there remain unmitigated environmental impacts on
hydrology, drainage, and water quality by the proposed
development, the Town Council finds such impacts
justified by the need to increase the housing supply in
the Town, in a range of densities providing for a
variety of family sizes, income levels and age groups,
in order to accommodate the Town's growing population
and employment base and by the need to preserve open
space and agricultural land within the Town on a
permanent basis·
Consideration of the EIR prepared for the Dougherty
Road Area General Plan Amendment as a "Program EIR" is
appropriate based on the following:
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3.
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that feasible mitigation measures and alternatives
developed in the EIR for the Dougherty Road Area
General Plan Amendment have been incorporated;
that subsequent changes in the project do not require
important revisions of the prior EIR;
that there has not been substantial changes with
respect to the circumstances under which the project is
undertaken which require important revisions of the
prior EIR; and,
no new information of substantial importance to the
project has become available which would require an
additional EIR.
The Town Council of the Town of Danville finds that with
incorporation of mitigation measures as specified in the
Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR) and additional mitigation
measures pursuant to the studies specified above, that the
requirements at the California Environmental Quality Act
(CEQA) have been satisfied with regard to the approval of
the Final Development Plan and Vesting Tentative
Subdivision Map for the Vista Tassajara Project.
The Town Council of the Town of Danville finds as follows in
support of approval of the Final Development Plan (PUD
86-4):
le
The proposed planned unit development is consistent
with the Danville General Plan and the Preliminary
Development Plan approved by the Town Council on
November 6, 1986 through adoption of Ordinance 100.
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The residential development will constitute a
residential environment of sustained desirability and
stability, and will be in harmony with the character of
the surrounding neighborhood and community·
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The development will mitigate off site traffic and
drainage impacts through the assurance of off site
improvements in a manner acceptable to the City.
The Town Council of the Town of Danville finds as follows in
support of approval of the Vesting Tentative Subdivision
Map:
l·
The proposed map is consistent with the Danville
General Plan and is consistent with the Preliminary and
Final Development Plans for the project;
·
The design and improvement of the proposed subdivision
is consistent with the Danville General Plan, will not
cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat;
·
The design of the subdivision or type of improvements
is not likely to cause serious public health problems;
·
The site is physically suitable for the proposed
density of development;
·
The design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
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BE IT FURTHER RESOLVED THAT the Town Council of the Town of
Danville hereby upholds the appeal of the decision of the
Planning Commission regarding the Final Development Plan and
Vesting Tentative Map for the Vista Tassajara Project,
approving the project subject to compliance with the terms
and conditions contained in the attached Exhibit A.
PASSED, APPROVED AND ADOPTED by the Town Council of the Town
of Danville on ^pri] 6 , 1987 by the following vote:
AYES:
Kennett, Lane, McNeely, Schlendorf
NOES: None
ABSENT: 0ffenhartz
ABSTAIN: None
ayor/
ATTEST:
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EXHIBIT A
FINDINGS AND CONDITIONS OF APPROVAL
PUD 86-4, SD 6736
FINAL DEVELOPMENT PLANANDVESTING
TENTATIVE SUBDIVISION MAP
FINDINGS:
Ae
The Town of Danville hereby finds as follows in support of
the Final Development Plan:
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The proposed planned unit development is consistent
with the Danville General Plan and the Preliminary
Development Plan approved by the Town Council on
November 6, 1986 through adoption of Ordinance 100.
·
The residential development will constitute a
residential environment of sustained desirability and
stability, and will be in harmony with the character of
the surrounding neighborhood and community;
·
The development will mitigate off site traffic and
drainage impacts through the assurance of off site
improvements in a manner acceptable to the City.
·
The previously certified EIR prepared for the Dough·try
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
Vista Tassajara project satisfying the requirements of
the California Environmental Quality Act based on the
following specific findings:
me
Contra Costa County adopted findings regarding the
Environmental Impact Report through adoption of
Board of Supervisors Resolution 85/133 and
Planning Commission Resolution 47-1984 (SR)
including mitigation measures for the project,
be
Pursuant to these mitigation measures, additional
studies related to soils and geology, noise and
traffic have been completed identifying specific
mitigations, and
Co
'Use of the prior EIR as a "Program EIR" is
appropriate based on the following:
8
Be
(1) that feasible mitigation measures and
alternatives developed in the EIR for the
Dough·try Road Area General Plan Amendment have
been incorporated; (2) that subsequent changes in
the project do not require important revisions of
the prior EIR; (3) that there has not been
substantial changes with respect to the
circumstances under which the project is
undertaken which require important revisions of
the prior EIR; and (4) no new information of
substantial importance to the project has become
available which would require an additional EIR.
The Town of Danville hereby finds as follows in support of
the Vesting Tentative Subdivision Map:
le
The proposed map is consistent with the Danville
General Plan and is consistent with the Preliminary and
Final Development Plans for the project;
·
The design and improvement of the proposed subdivision
is consistent with the Danville General Plan, will not
cause substantial environmental damage or substantially
and avoidably injure fish or wildlife or their habitat;
·
The design of the subdivision or type of improvements
is not likely to cause serious public health problems;
~
The site is physically suitable for the proposed
density of development;
~
The design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
·
The previously certified EIR prepared for the Dougherty
Road Area General Plan Amendment fully discussed
potential impacts associated with development of the
Vista Tassajara project satisfying the requirements of
the California Environmental Quality Act, based on the
following specific findings:
a®
Contra Costa County adopted findings regarding the
Environmental Impact Report through adoption of
Board of Supervisors Resolution 85/133 and
Planning Commission Resolution 47-1984 (SR)
including mitigation measures for the project,
be
Pursuant to these mitigation measures, additional
studies related to soils and geology, noise and
traffic have been completed identifying specific
mitigations, and
Ce
Use of the prior EIR as a "Program EIR" is
appropriate based on the following=
(1) that feasible mitigation measures and
alternatives developed in the EIR for the
Dougherty Road Area General Plan Amendment have
been incorporated; (2) that subsequent changes in
the project do not require important revisions of
the prior EIR;-(3) that there has not been
substantial changes with respect to the
circumstances under which the project is
undertaken which require important revisions of
the prior EIR; and, (4) no new information of
substantial importance to the project has become
available which would require an additional EIR.
CONDITIONS OF APPROVAL:
A. General
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The development shall be substantially as shown on the
project drawings labeled "Vista Tassajara: Conceptual
Landscape Plan; Vista Tassajara: Detailed Plans and
Section" dated 12/5/86 and "Vista Tassajara: Final
Development Plan and Vesting Tentative Map, Subdivision
6736" as prepared by Parsons, Rourke and Walker dated
Revised: March 9, 1987 except as may be modified by the
following conditions of approval.
·
The developer shall pay any and all Town and other
related fees that the property may be subject to.
These fees shall be based on the current fee schedule
in effect at the time the relevant permit is secured.
Notice should be taken specifically of the Town's
Transportation Improvement Program (TIP) fee, Park
Dedication Fee and the drainage acreage fees as
established by the Flood Control District as may be
applicable to this project·
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If extraordinary off-site fees are paid which exceed
the amount of the residential TIP fees, the Town will
consider waiving the fees.
The developer shall comply with all requirements of the
San Ramon Valley fire Protection District and San Ramon
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Valley Unified School District as required by the Fire
Code and the letter from the District dated December
12, 1986 . Written confirmation from representatives
of these two districts shall be submitted to the Town
prior to approval of a Final Map indicating compliance
with their respective requirements.
·
If arch,.logical materials are uncovered during
any construction or pt.-construction activities on
the site, all earthwork within 100 feet of these
materials shall be stopped until a professional
archeologist certified by the Society of
California Archeology and/or the Society of
Professional Archeology has had an opportunity to
evaluate the significance of the find and to
suggest appropriate mitigation measures, ifthey
are deemed necessary.
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Construction and grading operations shall be
limited to weekdays (Mondays through Fridays)
during the hours from 7:30 a.m. to 5:30 p.m.,
unless otherwise approved in writing by the City
Engineer.
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Approval of this Vesting Tentative Subdivision Map
and Final Development plan is contingent upon
annexation of the site to the Town of Danville. If
annexation has not been completed within 12 months
of the approval date, this approval shall be null
and void, unless an extension of this time is
granted by the Town in writing prior to expiration
of the 12 month period. In the event of
litigation challenging the annexation or this
entitlement, the 12-month period shall be
suspended during the pendency of the litigation
for a Deriod of time not to exceed 5 years·
Site Planning
l.
All lighting shall be installed in such a manner
that glare is directed away from surrounding
properties and rights-of-way and shall be
consistent with a general design theme established
for the Sycamore Valley and this area subject to
review and approval by the Chief of Planning·
·
The location of any pad mounted transformers shall
be.subject to.approval by the Planning Department
prior to the 1ssuance of a building permit.
Generally speaking, such transformers shall not be
located between any street and the front of a
building·
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A total of $~ 210 dwelling units may be
constructed on the site with an approximate unit
mix as follows:
a. 72 with average 45 foot lot widths·
b. ~$~ 138 detached single family homes·
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The following requirements shall apply to the
standard single family lots:
a. Compliance with the R-6 requirements of the
Zoning Ordinance except that a minimum of
fifteen feet shall be provided between all
adjacent dwelling units unless other
development regulations are specifiedin these
conditions.
b. A minimum of 20 feet of usable rear yard area
shall be provided for each lot. This 20 feet
shall not include areas within slopes.
c. If the side slope between adjacent lots exceeds
5 feet in height (based on building pad
elevation) the minimum setback from thetop or
bottom of the slope shall be § feet.
d. Prior to issuance of building permits for each
phase of the development a composite unit
siting plan shall be submitted for review and
approval by the Chief of Planning·
e. A front setback of 15 feet may be allowed if a
side entry to the garage is provided.
Development of the 45 foot wide single family
home portion of the site shall be subject to
review and approval by the Architectural Review
Committee of the Planning Commission. The
Committee shall consider the siting of units,
fence design, and location and architectural
design of the units. Reciprocal easements shall
be minimized through arranging the lot lines as
necessary to achieve the desired usable yard
area. Setbacks from the front property line shall
be a minimum of twenty feet except that the
setback may be reduced to 15 feet if the entry to
the garage is on the side or rear of the
structure· A minimum building separation of 10
feet shall be maintained from any structure on an
adjoining lot.
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10.
.
Lots adjacent to the easterly site boundary which
have frontage on "B" Drive shall be revised to
provide an average lot size of 20.000 square feet
and an average lot width of 115 feet on "B"
Drive. The revised lots shall be developed in
accord with the R-20 requirements of the Zoning
Ordinance exceDt as may otherwise be Drovided
herein.
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Lots 1-4 and 206-210 shall be developed in accord
with the R-10 requirements of the Zoning
Ordinance.
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Fencing and/or walls shall be installed as
follows:
a. if a wall is required for noise attenuation
along the single family areas which back up to
Camino Tassajara, it shall be masonry, and
installed to match the wall installed within
the Sycamore Valley Specific Plan Area.
b. Open type fencing shall be installed adjacent
to the open space areas.
The following modifications to the development plan
shall be incorporated into the development plans:
a.
Lots 210 and 211 shall be combined ~$
$~~$~ to eliminate the flag lot and to
substantially reduce or eliminate lots within the
P.G. & E. easement.
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No building permit shall be issued for lot 1 until
such time as the Camino Tassajara realignment is
completed, and the existing alignment is vacated.
The Open Space area contained within Parcels A and J
shall be offered for dedication to the East Bay
Regional Park District, or the Town of Danville. Such
an offer shall be in the form of an option which allows
the Park District or the Town a period of five years
from date of first final map recordation, to accept or
reject the dedication· Upon acceptance of open space
dedication, the developer shall be responsible for
installing or otherwise providing the following
improvements within the open space area in a manner
acceptable to the East Bay Regional Park Districtl
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d.
e__L.
Cattleproof fencing~
Easements for access. trails or service roads
~c~oes Drivate land to the boundary of the parcel
accepted by the E.B.R.P.D.;
A one-inch water service stub out to be located
adjacent to access in to the open space area;
Graded fire roads or trails within the boundaries
of the open space parcel; and
Slide repair as may be necessary in the area
directly adjacent to residential develoDment.
In the event that the open space areas are not accepted for
dedication by the Town or the East Bay Regional Park District,
and during the period prior to any such decision, Parcel G shall
be maintained by the homeownerWs association.
C. LandscaDing
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A final landscaping plan shall be submitted for review
and approval by the Planning Department prior to the
issuance of a building permit.
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All plant material shall be served by an automatic
underground irrigation system and maintained in a
healthy growing condition.
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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. A
minimum of 2 street trees shall be planted per unit, at
the time of completion of the unit.
·
All landscaped areas not covered by shrubs and trees
shall be planted with live ground cover excepting the
open space parcel·
.
All existing trees on the site shall be preserved to
the extent practicable: removal will be allowed only
upon written approval of the Planning Department as
indicated on final plans·
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A landscaped setback of 30 feet shall be provided along
the property's Camino Tassajara frontage. Landscaping
of this frontage shall be consistent with the
landscaping along Camino Tassajara within the Sycamore
Valley Specific Plan Area, and the Town of Danville
Street Beautification Guidelines.
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A landscape maintenance easement shall be established
along the property's Camino Tassajara frontage· This
area shall participate in a 1972 Act Landscape and
Lighting Maintenance District.
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All cut slopes above areas to be developed with
residential units shall be landscaped with tree
planting and hydroseeding to achieve a natural
appearance.
Landscape screening shall be installed in the slope
areas adjacent to lots 161-167, 26-31. 5 and 205 in
order to soften the views of structures when viewed
from Camino Tassajara.
D. Architecture
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All ducts, meters, air conditioning and/or any other
mechanical equipment whether on the structure or on the
ground shall be effectively screened from view with
landscaping or materials architecturally compatible
with the main structure(s). No mechanical equipment
shall be mounted on the roof of any structure on the
site.
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Single family structures shall include the 9 models as
delineated on the plans containing 6 sheetstitled
"Elevations of Vista Tassajara" prepared by the EDI
Architecture/Planning or other comparable architecture
designs acceptable to the Architectural Review
Committee subject to but not limited to the following
criteria:
a.
Each model shall have a minimum of three
architecturalelevations.
b.
All four exterior unit elevations shall be
architecturally dimension.d, trimmed and detailed
similar to front elevations. Trim material around
doors and windows shall be a minimum of 1 5/8"
thickness.
C.
Variation shall be included in the three rooflines
proposed with each floor plan.
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White stucco finishes and/or red tile roofs shall
be avoided in favor of beige or earthtone colors.
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All air conditioners/condensers shall be ground
mounted and screened from public view.
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Approved spark attestors shall be installed on
each chimney used for fireplaces and appliances in
which solid or liquid fuel may be used.
The same unit plan or elevation shall not be
located next to or directly across the street from
each other·
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Front yard setbacks shall be varied to create
additional visual relief.
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The side and rear elevations shall be detailed at
the same level as the front elevation on all lots
which back up to Camino Tassajara, and on lots
162-167, 202-205, 27-31, 1-4 and 206-210 as may be
required by the Architectural Review Committee.
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On opposing corner lots, a minimum of one unit
shall be single story design. Single story units
are encouraged on corner lots to the greatest
extent possible·
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Single story houses shall be integrated
appropriately to provide variety in the
streetscape.
Plans for single and patio home structures shall be
submitted for review and approval by the Architectural
Review Committee prior to approval of a Final Map.
Prior to the issuance of building permits, samples of
final colors and materials selected for all single and
multiple family structures shall be submitted to the
Planning Department for review and approval.
Substitutions for approved colors shall be submitted
for review and approval by the Planning Department.
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All development and construction on the site shall be
consistent with Danville's Residential Development
Standards.
Grading
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Any grading on adjacent properties will require written
approval of those property owners affected· ~
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Areas undergoing grading, and all other construction
activities shall be watered, or treated with other dust
control measures to prevent dust. These measures shall
be approved by the City Engineer and employed at all
times as conditions warrant.
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Graded areas shall not exceed a slope of 3:1 excepting
the 2:1 slopes located as follows:
a.
b.
Adjacent to Parcel B (lots 63-72)
Adjacent to the creek at the project entry if
necessary due to design of the drainage system;
and
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F.
C·
Slopes between adjacent lots with less than five
feet of difference in building pad elevation·
·
Grading proposed on the hills within the open space
a=-ea shall be contoured to simulate the existing hill
fO~, not resulting in concave or straight cut slopes·
All such areas shall be landscaped in accordance with
Condition C 8.
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Grading in the vicinity of the project entry shall be
completed in a manner which provides contoured
transitions to the West Branch of Alamo Creek and to
the remnant of the Bettencourt Property created by
realignment of the road.
Streets
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The developer shall obtain an encroachment permit from
the Engineering Department prior to commencing any
construction activities within any public right of way
or easement.
All street signing shall be installed by the developer
as required by the City. This shall include, but is
not necessarily limited to "Stop," "No Parking," "Not a
Through Street," and street name signs· Traffics signs
and parking restriction signs shall be approved by the
Police Department.
·
The developer shall keep adjoining public streets free
and clean of project dirt, mud, materials and debris
during the construction period, as is found necessary
by the City Engineer.
·
Handicapped ramps shall be provided and located as
required by the City Engineer.
0
This development shall be provided with a safe and
effective circulation system for bicycles and
pedestrians. These facilities shall be designed and
installed to the satisfaction of the City Engineer and
Chief of Planning and shall be separated from vehicular
traffic wherever possible. Trail linkages shall be
included to adjacent projects, and to and within the
P.G. & E. right of way.
0
Any damage to street improvements now existing or done
during construction on or adjacent to the subject
property caused by the developer shall be repaired to
the satisfaction of the City Engineer at full expense
to the developer This shall include slurry seal,
overlay or street reconstruction if deemed warranted by
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0
the City Engineer. The developer shall be responsible
for mitigating any impacts associated with heavy truck
usage of Camino TassaJara, Sycamore Valley Road or Crow
Canyon Road.
Camino Tassajara road improvements shall be constructed
from the westerly property boundary extending to Leema
Road as follows=
ao
Realignment of the road generally in the precise
alignment adopted by Contra Costa County
be
construction of a 36 foot travel lane in the
eastbound direction
Co
landscaping improvements within and adjacentto
the south side of the right of way consistent with
landscaping within the Sycamore Valley Specific
Plan Area.
de
pedestrian and bicycle circulation improvements
consistent with those within the Sycamore Valley
Specific Plan Area.
e®
street lighting consistent with the spacing and
fixture type selected for the Sycamore Valley
Specific Plan.
f.
construction of the south half of the 16 foot
wide median along the entire street section
improved by this developer.
go
necessary transitions to road segments both east
and west of the site.
These improvements shall be completed or assured prior
to issuance of any building permits for greater than 50
per cent of the total number of dwelling units in the
project. The developer shall be eligible for
reimbursement of costs associated with the improvement
of Camino Tassajara from the eastern boundarv of the
project to Leema Road as Drop.tries within the Leema
Road area develo9.
The actual costs of the Bettencourt Curve including;
right of way acquisition. necessary box culvert and
grading work and subsurface work related to the
existing sanitary sewer line needed to realign the road
shall be reimbursed to the developer in an amount of up
to $1,335,000 to be collected from the West Branch,
Morgan Property, Tassajara Ranch, Shadow Creek and
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Vista TassaJara projects. Said reimbursement shall
occur Dursuant to the Joint Exercise of Powers
AqNeement on Tassa~ara Development Road Fee
T .~vements entered into by Danville, San Ramon and
COn-tr& Costa County.
·
A 24-foot wide private road shall be provided from the
terminus of "K" Court south to lots 57-59.
G. Infrastructure
~
·
Water supply service shall be provided by the East Bay
Municipal Utility District in accordance with the
requirements of the District· Annexation to the
District as may be necessary shall occur prior to
approval of any Final Subdivision Map.
Sewer disposal service shall be provided by the Central
Contra Costa Sanitary District in accordance with the
requirements of the District· Annexation to the
District as may be necessary shall occur prior to
approval of any Final Subdivision Map.
·
Drainage facilities and easements shall be provided to
the satisfaction of the City Engineer and/or the Chief
Engineer of the Contra Costa County Floor Control
District·
·
All storm water run-off shall be collected and
conducted via an approved drainage method to the
nearest approved downstream facility·
0
Off-site drainage flows shall be intercepted at the
project boundary via an approved storm drain facility,
or as approved by the City.
e
Roof drains shall empty onto paved areas, concrete
swales, other approved dissipating devices, or into a
pipe. Deviations from this requirement shall be
endorsed by a soils engineer and approved by the City
Engineer·
0
Concentrated drainage flows shall not be permitted to
cross sidewalks or driveways·
·
Any portion of the drainage system that conveys runoff
from public streets shall be installed within a
dedicated drainage easement, or public street·
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t
.
10.
If a storm drain must cross a lot, or be in an easement
between lots, the easement shall be equal to at least
double the depth of the storm drain.
The developer shall comply with all relevant
requirements of the Contra Costa County Flood Control
District.
11.
The developer shall 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.
12.
13.
All utilities required to serve the development shall
be installed underground.
This subdivision shall be responsible for the
installation of bus turnouts outside and adjacent to
the travel lanes on Camino Tassajara in compliance with
the recommendations of the Central Contra Costa Transit
Authority and the City Engineer. Appropriate right of
way or easement widening shall be providedso an to
maintain a consistent landscape treatment along the
street frontage.
H. Miscellaneous
l.
The project developer shall pay an average fee of $5377
for each dwelling unit to the Town at the time of
approval of a Final Map for the single family portion
of the project or a building permit for the multiple
family portion of the project unless the multiple
family project requires filing of a subdivision map in
which case the fee shall be paid at the time of filing
of the map. This fee includes participation in the
Contra Costa County ("County") Crow Canyon Road
Extension Fee Benefit Area as follows:
For those developments requiring a final or parcel
map, the following:
Applicant shall participate in the Crow Canyon Road
Extension Fee Benefit Area in accordance with City's
Joint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent actions in
furtherance thereof. Applicant shall pay the Town the
Fee Benefit Area fees prior to the approval and filing
of a final or parcel map. Applicant shall pay the Fee
Benefit Area fees in effect at the time of approval of
the final or parcel map and said fees shall be
2O
r
·
deposited into a separate account entitled "Crow Canyon
Road Extension-area of Benefit" (Account No.
076-000.000-003.019) for transfer to County and
,~mbursement to Blackhawk.
For those develoDments not requiring a final or
parcel map, the following=
Applicant shall participate in the Crow Canyon Road
Extension Fee Benefit Area in accordance with City's
Joint Exercise of Powers Agreement with County dated
February 10, 1987 and any subsequent actions in
furtherance thereof· Applicant shall pay the Town the
Fee Benefit Area fees prior to issuanceof any building
permit. Applicant shall pay the Fee Benefit Area fees
in effect at the time of issuance of any building
permit and said fees shall be deposited into a separate
account entitled "Crow Canyon Road Extension-Area of
Benefit" (Account No. 076-000.000-003.019) for transfer
to County and reimbursementto Blackhawk.
If the amount of the reimbursement to the Crow Canyon
Extension Fee Benefit Area is increased beyond ~7~
$1920, the $5377 average dwelling unit fee is increased
by an amount equal to the increase of the reimbursement
fee over ~7~ $1920.
The remaining portion of the fee after transfer to the
County shall be used for other circulation-related
improvements within the Cities of Danville and San
Ramon and the County including the grading and drainage
costs associated with realignment of the Bettencourt
cuzwv~e.
Pursuant to Government Code Section 53077.5, the Town
of Danville shall establish a proposed construction
schedule and separate account numbers for all
improvements to be made, prior to recordation of a
final map for the project.
In accordance with Section 92-2.006 of the City
Ordinance Code, this project shall conform to the
Provisions of the city subdivision ordinance (Title
9). Any exceptions therefrom must be specifically
listed in the conditional approval statement, attached
to the Tentative Map.
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.
.
.
.
.
The traffic signal at the intersection of "A" Drive and
Camino Tassa~ara shall be installed as a condition of
reG0rdation of this subdivision's 100th residential
~, unless warrants eastablished by California,
r i~artment of Transportation are met prior to
recordation of said 100th residential unit or otherwise
specified by the City Engineer. Up to 50% of the total
signal cost may be reimbursed upon development of
property on the north side of Camino TassaJara which
utilizes the intersection of "A" Drive and Camino
Tassatara.
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.
Based upon mitigation measures contained in the EIR,
applicant shall prepare and submit an acoustical study
addressing noise mitigation along Camino TassaJara, at
time of Final Map approval. The applicant shall comply
with the reco~endations contained in any such noise
analysis.
Covenants, Conditions and Restrictions, Articles of
Incorporation an By Laws for a mandatory homeowners
association shall be submitted prior to filing the
Final subdivision Map. The document shall provide for
among other things, the ownership and maintenance of
the common open space, landscape areas, pathway system
in the open space, private streets, and other common
facilities. The Town of Danville shall be included as
a third party beneficiary to the sections of the CC&R's
which address any applicable conditions includedin the
project conditions of approval.
CC&R,s:shal~ i~G1ud4 theCity~a. =beneficiarl~o~
agreement. The City shall be granted the right but not
the duty of enforcing any provisions contained in the
CC&Res. Additions to the CC&R's may be made at the
discretion of the HOA. Any changes pertaining to
conditions of approval imposed upon the project shall
be submitted to the City for review by the City
Attorney.
The developers shall participate in the development of
an Alamo Creek watershed protection plan by jointly,
with the other developments in the watershed:
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·
·
10.
a) Retaining a private engineering firm to develop
the plan~ such plan subject to review and approval
of the Town and the Flood Control District~ or
?
-~?~ Requesting the Flood Control District to act as a
lead agency in the development of the plan.
c)
If Joint action with the other developments does
not materialize, the applicant must mitigate storm
water run-off flowing onto and from the site, from
the ultimate development of the watershed, by
constructing drainage improvements which will
maintain the rate of run-off from the site (or at
an acceptable point downstream of the site) at the
current rate of run-off~ such improvements subject
to review and approval of the Flood Control
District.~
Provide funds for implementing the Planned Alamo Creek
watershed protection facilities by contributing, prior
to the filing of the Final Map, a drainage fee not to
exceed $0.25 per square foot of added impervious
surface area per the Impervious Surface Fee Ordinance
criteria. The applicant will receive credit against
this fee for costs of constructing drainage
improvements that are part of the drainage plan. The
condition will satisfy the requirements of any Drainage
Fee Ordinance that is adopted for the area. If a
drainage plan has not been developed (either through
joint action from the various developments or by the
formation of a Drainage Area), the applicant must
mitigate storm water run-off~ such improvements which
will maintain the rate of run-off at the current rate
of run-offl such improvements subject to review and
approval of the Town and the Flood Control District·
Conditions of this approval require the subd~v~der to
install public improvements on land neither the
subdivider, nor the Town, has easement rights to allow
the improvements to be installed on. Subdivider shall
be responsible for acquisition of the necessary
easements either through private negotiations or by
entering into an agreement with the Town to assume all
responsibilities for acquisition pursuant to the Town's
authority for condemnation. Such acquisitions shall be
commenced prior to the subdivider's submittal of any
final map. All costs associated with such acquisition
shall be borne by the subdivider.
Revise the street surface grade on "D" Drive at the
westerly boundary to match the street grades proposed
in gubdivigion 6878 and leggert the 15% grade.
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11. The emergency vehicular access easement at the
northerly terminus of "B" Drive shall be included as an
e~nt across lots 47 and 48.
12. property owner shall submit a letter to the Town
conBenting to this prop.fry's inclusion in the Town's
Street Lighting Assessment District 1983-1.
13.
14.
15~¸..
16.
17.
18.
All drainage systems from open space areas up to the
Junction with the public street drainage facilities are
to be considered private storm drains and are the
responsibility of this subdivision's homeowners
association.
An open flow creek type facility acting as a recreation
area/temporary detention basin is acceptable with the
following design restrictions:
1)
The open area acting as a recreation facility and
detention basis shall fall within the maintenance
responsibiltiy of a homeowners association.
2)
A small enclosed storm drain system shall provide
a bypass to the open creek sufficient to handle
anticipated daily nuisance flows (landscaping
irrigation, car washings, etc.)
3)
An easement for storm drainage purposes shall be
conveyed to the Town.
4)
The detention facility is considered temporary in
nature, and at such time as downstream facilities
are constructed sufficient to handle fully
developed flows, the detention aspect of the
facility shall be eliminated.
The open flow creek areas shall be improved to
standards acceptable to the City Engineer.
This subdivision shall comply with any recommendations
from the Contra Costa County Flood Control District.
Unless otherwise addressed by a soils engineer's
recommendations, the landslides indicated southeast.fly
of the southerly terminus of "J" court sliding towards
the residentialdevelopments shall be stabilized.
The grading off-site of this subdivision will require
approval of the abutting property owner. An agreement
shall be submitted for any such off-site grading with
the application for a final map.
24
i
19.
20.
21.
22.
23.
The "A" Drive typical section shall be revised to
indicate e~ther meandering or standard sidewalks on
~t:h mides of the roadway.
~to recordation of a final map, the applicant
shall prepare a study addressing the need for day care
facilities generated by this project. The applicant
shall make provisions within the subdivision to address
this demand through setting aside a suitable site for
the development of day care, or other alternatives
acceptable to the Town of Danville.
The Town will contract with a qualified "third party"
for the purpose of conducting an independentreview and
appraisal of the geologic report on this project. The
cost of this review shall be borneby the applicant and
will be based on time and materials plus a 1%
administrative fee. applicant shall provide the Town
all necessary data to facilitate this review within 30
days of the final approval date of this Tentative Map.
The initial review will be completed within 3 weeks of
submittal of the data, at which time the applicant and
his soils engineer shall address all comments and
resubmit the complete package for final review.
Concurrent with the final review the applicant's
engineer shall make any necessary changes on the
tentative map which result from the third party review,
together with other necessary modifications called for
in these conditions and the revised tentative map shall
be resubmitted within 75 days of the final approval
date of this tentative map. In the event that the Town
Engineer includes, from analysis of all pertinent
information, that the site, or portions of the site,
are unsuitable for the type of development proposed,
the Final Development Plan (PUD 86-4) and Vesting
Tentative Subdivision Map (SD 6736J~ shall be referred
back to the Planning Commlssionfor reconsideration. ....
Development rights for the open space parcel on the
south end of the parcel shall be dedicated to the Town
through or at the time of recordation of the initial
Final Map for the project.
Conditions of this approval require the payment of a
traffic mitigation fee on a per unit basis to be used
for construction of certain roadway improvements within
the Town of Danville, the City of San Ramon and
unincorporated portions of Contra Costa County, with
the specific intent of maintaining a minimum level of
service 'D' traffic condition. Prior to approval of
each respective Final Map for the project, the
developer shall prepare an upSaCe to ehe TJX~4%raffic
25
; !
study to determine if the level of service fDt traffic
....... ~tion will be maintained at all locations within
~i?11/U/~1!ewhere traffic improvements are to be funded by
~bove cited traffic mitigation fees. If this level
~;~tervice is exceeded at the locations described
a~ve, no further Final Maps shall be recorded until
the programmed improvement is completed or financially
assured. The developer may at his option accelerate
payment of the traffic mitigation fees in order to
provide the Town with the necessary funding to
construct the improvement.
pcrmvista
26