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HomeMy WebLinkAbout034-90BXSOLUTTO~ ~0. 34-90 · aBCINDING ~ONDITIONB OF APPROVAL 52 THROUGH 55 FROM THE APPROVAL GRANTED TO B~BDIVIBION 6675/PUD 85-9 WHEREAS, on January 13, 1986, the Town of Danville conditionally approved PUD SS-9/Subdivision 6675 (Park View Properties); and WHEREAS, Conditions of Approval 52 through 55 required certain dedications, improvements and actions to be taken by Park View Properties with regard to Sycamore Creek; and WHEREAS, Park View Properties subsequently sold Subdivision 6675 to The Housing Group, but retained the land through which Sycamore Creek runs; and WHEREAS, The Housing Group has petitioned the Town to rescind Conditions of Approval 52 through 55 as to the property acquired from Park View Properties; and WHEREAS, the Town retains the right and appropriate conditions in connection with property abutting Sycamore Creek; and ability to impose the development of WHEREAS, the Town Council of the Town of Danville finds that rescinding such Conditions as requested will not be harmful to the public health, safety and welfare; now, therefore, BE IT RESOLVED, By the Town Council of the Town of Danville, that Conditions of Approval 52 through 55 as regards Subdivision 6675/ PUD 85-9 are hereby rescinded. PASSED, APPROVEDaNDADOPTED this 20th day of February, 1990 by the following vote: AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY NOES: NONE ABSTAIN: NONE ABSENT: NONE ATTEST: APPROVED AS TO FORM: CIT[ ATTORNEY EXEZBZ~ A FXNDINGS AND CONDITIONS OF APPROVAL P~rZBZD TENTATIVZ NAP 6675 PRELIMINARY AND FINAL DEVELOPMIFZ PLAN FOR PUD 85-9 FT~DTNGS The Planning Commission of the City of Danwills makes the following findings in support of the proposed Tentative Map end Preliminax7 and Final Development Plan (SD 6675 and PUD 85-9). The Revised TentativeMap and Final Development Plen together with the design and improvement oft he proposed subdivision are consistent with the Sycamore Valley Specific Plan and t he General Plan. The site is physically suitable fort he type and proposed density of development. The design oft he subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The design of the subdivision and the type of improvements are not likely to cause serious public health problems. The design oft he subdivision and 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. An Environmental Impact Report was prepared for the Sycamore Valley Specific Plan and certified by Conera Costa County in 1981, and en addendumtothis ZlR was prepared and approvedbythe City of Denwills in 1985. That development as proposed As designed to take place as far beneath the adjacent ridgeline as is practicable c~nsistent with the provisions of the Sycamore Valley Specific Plan. XH i] T 3 CONDTTTONS OF APPROVAt This approval is based upon the Tentative Map for Subdivision 6675 dated August 30, 1985, and the Preliminar~ Development Plea for PUD 85-9 dated August 30, 1985 es mc~lified by the Conditions cf Approval as contained her, in. Any revision tc these plans shall be submitted for review by the Chief cf Planning and City Engineer. 2. That the total mr of residential Iota shall not exceed 43. That the land uses and minimum dimensional standards and requirements for principal and accessox7 structures of these lots shall .be generally as provided in the R-IO district except as otherwise modified by these conditions or at the tint of architectural approval based on unusual lot shape or topography. Residential building height shall not exceed 28 feet above average grade. Any deviation from these criteria or interpretation of standards shall be subject to the administrative review and approval cf the Chief cf Planning. For purposes of unit siting, the following criteria shall applyz ae On opposing comer lots, at least one unit shall be one .stoxT. The sam. unit plan or elevation shall not be located next to cr directly across the street from each other. Ce Front yard sethacks shall be varied to create additional visual relief. de Sideyard fencing shall be located so as to combine sideyard areas with frontyard tot he greatest extent possible. On corner lots, the minimum street side setback shall be 10 feet. Architectural approval for plans submitted as part cf the FAnal DevelopRant Plan is not granted with this approval. Plans, including floor plans and alevatAon, shall be submitted for review and approval of .the ]~rch~ tect,~r-1 Rev4 ew S,,~cow~ ~ tree c! · ~e pl-nn~na Commission ~//~PPlf~Y~ prior to issuance cf lndivAdual building permits. Building plans shall incorporate but not be limited to the following design criteria z This pro~ect shall be considered a custom home subdivision. Xndividual structures shall be designed accordingly. be 3L~I four exterior unit elevations shall be trimmed and detailed similar to front elevations. Trim material around doors and ~indows shall be a minimum 15/S' thickness. Where t~e ~oof~no ~s to ~e smp~oyed. red tale roofing shall be discouraged in favor cf slate, grey or brown colored concrete tale vAth a dull famish. de White stucco finishes shall be avoided in favor of beige or earthtone colors. All air conditioners/condensers shall be ground mounted and screened from public vAew. /tpproved spark arrestors shall be installed on each chimney used for fireplaces and appliances in which solid cr liquid fuel my be used. If the City of Denvilla adopts an ordinance addressing requirements for fire retardant roofing on a Cityvide basis prior to issuance of building permits fort his project, then the developer shall comply with the requirements of that crdAnance. ~hat the ko,,ndxrv ~ in, ~etween proposed open !pace lots 45 end 46 es shown on the development ~an end +ezltat~ve waD. Jhe~l he ~elo-~ted from ~00 to 300 feet to the noah end closer to Sycxmore Creek ~uDrox4ma~ely ~033ow ~e 490 ~oot elevat40n conto,,r .34~e. ~e ~roc~ge 30cmt40n o~ th4s bo,,ndA~ ~e ~e~em.4 ned Wubse~ent3 v 4 n con~,,nc~ on w4 th ~he mc~4s~t~on o~ the desi~ated park ]4to ms sho~ on · he Sycamore Valle~ Specific Plan. All grading vithin the areas designated as open space shall be at slopes no greater than 3:1. That a project landscape, street tree and entryway plan be submitted for review and approval by the Chief cf Planning. This plan shall conform to the requirements cf the Sycamore Valley Specific Plan. Two street trees shall be required for each interior lot and three tress par corner lot. Tress shall be minimum 15 gallons in size. -] That the developers hall follow all the recommendations contained in t he Geologic and Soils Investigation (No. A0-1147~71) as prepared by Applied Soil Nechanics, Inc. in the final design and construction cfthe project. That the effective date of tentative Rap and development plan approval shall be the effective date cf the ordinance accomplishing the rezoning of the subject property as adopted by the City Council. 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 So.peel Improvements as amended and adopted by the City Council cn ~uly 3, 1905. In addition, the developer shall participate in a Lighting and Landscaping Naintenance D~strict to be formed in accordance with the Landscaping and Lighting Act of 1972. Covenants, Conditions and Restrictions (CC&R's), Articles of Incorporation and By-laws for a mandatory homeowners association (HOA) shall be prepared for the project. The City shall be made a third party beneficiary as to the sections of the CC&R's which address any applicable conditions included in the project conditions of approval,.and the following areas of concernz Maintenance of private drainage systems, lot grading and landscaping, and subdrain areas. B, l~rchibition of recreational vehicle parking, Ce Construction of architectural additions and/or remodels, swimming pools and accessory structures cf any kind shall require the approval of the HOAand the City of Danvilla. -A4- & parsan.st maintenance agreement for all ..landscaping in c~mmcn areas vii1 be required from the ~OA assuring regular mainessence including irrigation, fertilisation and weed ~batemant. ~tll wsargesc~ VeSicle Xccessways (ZVA's) and fire trails within the area controlled by the IOA shall be maintained by the BOA. Drip lrrigation s~stmshouldbeoonsidersd where practical. ~s built irrigation plans shall be prov~dsdt~the BOA for all c~mon areas. CC&R's shall include the City as a bensficiaz7 oft he agreement. The City shall be granted right but net the duty of enforcing any pr~visions contained in the CC&R's, Additions tot he CC&X's by the HOA consistent with the original CC&R'smaybe made at the discretion oft ha 10A. Any changes pertaining to conditions of approval imposed upon the project shall be submitted to the City for review by the City&ttorney. Nembarship in the BOA is mandatory for all lot owners in the subdivision. No antennas, microwave or satellite receiving dishes or other broadcasting or receiv~ng devices shall be permitted. Flood Control District responsibility for maintenance of Sycamore Creak shall be limited to maintenance of drop structures, clearing cf debris and sediments as necessar~ tcmaintaincapaci~ and preventing future erosion from exCeeding the limits of the flood plain. C~unty Flood Control shall have the right of access ~vsr any private streets viehint he pro~ect. Prior to filing cf a final subdivision map, the City Attorney shall review the CO&Re to assure that all applicable conditions of approval have bees addressed. ~he developer shall comply with the requirements of the San Ramcn Valley Unified School District as · specified in the Sycamore Valley Specific Plan. Said compliance shall be verified in the form of a letter cf understanding cr agreement prior to issuance of ~rading permits or racerclarion of Final Naps, whichever shall first occur. Within 30 days oft he date of Planning Omission approval, the Tentative NapandDsvslolment.Plan shall be rsvlssd to include all applicable conditions contained hersin and resubnittad tot he City Engineer. ~11 interior subdivision streets shall be dedicated to the City of Danvilla end constructed to City public road standards, or tot he satisfaction of ths City Engineer. The developer shall enter into·n acceptable agreement with the City, addressing the disposition end improvement of lends designated as open space prior to issuance of grading permits or recordmelon of Final Naps for the project, whichever shall first occur. Zlght foot wide public utility easements shall be provided adjacent to both sides of all proposed street rights-of-way throughout the project. As part of Tun bridge Road extension, the existing cul-de-sac shall be removed end new curb and sidewalk constructed to provide conformity between existing end new roadway. Zn accordance with Section 92-2.006 oft he City Ordinance Code, this project shall confcrm to the pr~visions of the City subdivision ordinance (Title 9) Jn~. where ~slsv-nt. Be con-4stent w4th +he ~ov4s40ns o~ the Sycamore V~3e? Spec4f~c · lan. Any exceptions therefrom must be specifically listed in the conditional approval statement, attached tot he Tentative Nap. /~11 street signin shall be installed by the developer as re~rad by the City· This shall include, but is not necessarily limited to, setape signs, anoperkinga signs, anot at h rough street signs, end street ms signs. Traffic signs end parking restriction signs must be approved by the Police Department. ~lls4~n~ge lhal~ Be ~onststent w~h the ex~st4nf lt~n ?o~m,t of the ~yc~-ore ~,,~y~sion Sandicappsd ramps shall be provided as required by State cZ California Title 24, and by the City engineer, 2ulmit improvement plans prepared by a registered Civil Engineer to the City Engineer for review and inspection. These plans shall include any nscessar7 trafZic signing and striping plans. The street lighting design shall be submitted as part. cZ the improvement plans. CaliZornia Public Utilities Commission (CPUC) schedule LS-2-C is the applicable schedule. Install street light standards and luminaries c! the design, spacing, and locations approved by the City Engineer Jnd the Che~ o~ P3~nn4nq. A currant title report and copies of therecorded deeds oZ all parties having an interest in the property and, i~ necessary, copies of deeds Zor adjoining properties and easements, thereto, shall be submitted at the time oZ submission of the F~nal SubdivisionMap Zorthe City Engineer. Copies oZ the Final Map and improvement plans, indicating all lots, streets, and drainage facilities within the subdivision shall be submitted at 1w w 300 ft. scale, for City mapping Furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements Zor the construction off-site, temporary or permanent, road and drainage improvements. Submit improvement plans to the City Engineer for review7 pay the plan review, inspection and applicable lighting fees. Where soils or geologic conditions encountered in grading operations are dl~Zerent Iron that anticipated in the soil and eologic investigation report, cryhere such condit~onswarrantchanges to the recommendations contained in the original soil investigation, a revised soil or geologic report shall be submitted for approval by the City Engineer, It shall be accompanied by an engineering and geological opinion as to the safety of the site Zrom hazards of land slippage, erosion, settlement, and seismic activity, -AT - If grading is cmanced prior to filing the Final leap, a surety or guarantee, as determined suitable by · City Engineer, shall be filed with the City of Danvilla to ensure restoration of the site to a stable end erosion resistant etato if the project Is terminated prmturely. · Any grading on adjacent properties will require written approval of those property ~wners affected. All 'grading plans shall be accompanied by erosion control end revegetation plans. Dust control measures, ms appr~ved by the City Engineer shall be followed at all tines during grading end construction operations. Construction end grading operations shall be limited to weekdays (Monday through Friday) end the hours from 7:30 A.M. to 5:30 P.M. unless 8pproved in writing by the City Engineer. Grading end land preparation shall be restricted to the period of April 15 to October 15 to minimize erosion end deposition of sediments in Sycamore Creek. All exposed erosive slopes resulting from grading activities should be hydromulched or otherwise stabilized by project developers each year by October 15. Exceptions may be granted by the City Engineer. The soils engineer shall sign the final grading plans. The applicant*s CivilEngineer shall do a drainage study and recommend drainage improvements for review end approval by the City Engineer. The study shall detsrminethenearest adequate downstream drainage facility to which this develolment can discharge its runoff. The develempr shall be responsible for any off-site facilities required to convey runoff tot he adequate downstream drainage facility. -AS - Dr·~nage fac~lities and drainage easements shall , the Chief Zngineer of the ~n~ra C~sta Fled C~ntrol District. Off-sits drainage flows shall be intercepted at the project boundary via an approved store drain facility, or as approvsd by the City. Xnyl~rtion Oft he drainage system t hat conveys runoff from public streets shall be installed within · dedicated drainage easement, or public street. Storm drain facilities shall be designed to channel water into natural drainage ways. Outfall lines should be designsd to oarry watsr fronthe edge of developed areas to aner97dissipatcrs at nearby creekbeds in order to xtnimize arcsion that viii occur if outlets are placed at the top of slopes. Storm drains shall boplaced instreats cropan space corridors wherever possible and the plan shall be designed so that this can be accomplished without the pipes being excessively deep. If · storm drain Rust cross a lot, or be in an easement between lots, the easement width shall be equal to cr at least doublet he depthoft he storm drain. Roof drains shall empty onto paved ·re·s, concrete swalss, other approved dissipating devices, or into a pipe. Under-sidewalk drains shall be provided to allow on-sitedrainagetobetied in, should the need ~lmm. Bach lot shall be soFadad as not t o drain on any other lot or adjoining property prior to being picked up byanapproveddrainage system. ~he developer Ihmll sonfar v4ththe C~tywna~neer Br.~or to the preDmrmtton of Improvement plmns ~n ~rder to 4eterm4ne -~proD~4*%e -e*s,,rem to control -ea~ yard. ~at~o area. and down IDOUt dra~naae of +he lots within the uro~ect. Provisions shall be made to protect the subdivision improvements from hillside runoff via interceptor ditches, grade terraces, or similar Iacilities within the development. The Sycamore Valley Specific Plan mentions ~mbridge Road and notes that the sexisting road is a residential collector road and as such ks not designed to carry hsav~construction vehicles and equipmont.' The bond estimate fort his subdivision shall include allowance lot off-site street repair ~n order to .ss-rethat lOCAl 2treats w.411 he ~estored to their or4a~nA~ ~um~tv. A storm drain shall be extended south Item Tunbridge Road between lots 36 and 37 to pickup drainage from an existing swale. The developer shall keep adjoining public streets Ires and clean of project dirt, mud, materials, 'and debris during the construction period, as ks Round necessary by the City F~ginser. Conduct a study of the impact this development will have on existing capacity of Sycamore Creek, both upstream and downstream. Construct off-site improvements on Sycamore Creek to mitigate any adverse impacts. Study to be reviewed by City and Flood Control staff. Repair existing erosion along Sycamore Creek and as directed by Comers Costa Flood Control District. The applicant shall ofler for dedication the edevelopment rights' along Sycamore Creek tot he City in accordance tot he Sycamore Creek Floodway Plan (Flood Control lone 3-B, Project Amendment No, 7) end Flood Control D~stz~ctDzav~ng No, R-506. -AI0- Flood Control District [raving No. R-506. drainage imprcvaents required in the Sycamore Creek floodway shall be built to enhance the natural appearance of Sycamore Creak and minimize the mean-made" l~k. any work within the creek nay be subject to the requirements of the Department of Fish and Game, 7he applciant shall notify the Departsent of Fish and game, P.O. ~ox 47, Yountvllle, California, 94599, of any proposed construction within this devslolmsnt that may affect any fish and wildlife resources, per Sections 1201 and 1602 of the Fish and Game Code. Comply with all requirements of the San Ramon Valley Fire Protection District with respect to emeFgency vehicle access and all fire code requiremanes. Sewage disposal serving the project shall be provided by the Central Conera Costa Sanitary District. Water supply serving the project shall be by the last Bay Nuntcipal Utility District (EBrdD). Prior to filing the FinalNap, the subdivider shall furnish the Ctty F~gtneer with letters from IB~UD and Central Conera Costa Sanitary Dietrict stating that the Districts have agreed to furnish water service and sewer service respectively to each oft he dwelling units and/or lot included on the Pine1 Nap of the subdivision. Xny water well, cathodtc protection well, or exploratory boring shown on the map, that is known to exist, is proposed, or is located during the course of field operations, lustbe properly destroyed, beckfilled, or maintained in accordance with appltcable gToundwater protection ordinances. The Healthiervices Departsant of Conera C~sta C~untyshouldbe c~ntacted (415/372-4200) for additional information. .\ -All- If archaeologic anttrials are uncovered during ~rading, trenching or other excavation, sarthowrk within ZOO fast of these materials shall be stopped until a professional archaaol~gist vho is certified by the 2~cisty of California irchasology (2CX) and/or the S~ciety of Professional Archaeology (SOPA) has had an opportunity to evaluate the si illcants of the find and suggest appropriate ai~gatien measures, if they are deemed necessary. ~he applicant shall submit · list of proposed street names for review and approval prior to recordmelon of final anps. Construction traffic shall bsprohibitsd from using that segment of Canine Tamsajar· south ef DlabloRoadand nerthef Gatetree'Dr~vm. Working ~ointly, Sycamore Valley developers shall prepare a day care plan addressing the potential location(s) for day care facilities within Sycamore Valley based upon individual project demographics and demand. The day care plan including a schedule for ~mplementation shall be submitted fort he review of the Chief of Planning prior to the recordation of FinalMaps fort he project. O~en v4re ~enc~na Shall ke ,,led 4n a11 Pear vard Jreas which ·hurt common open space or open space areas -3t.4mate3y to he conveyed to any p. h3ic J~ency. Open vlre ~enctng mha31 a3so he ,~sed 4n f4de yard and Pear yard areas which traverse ~: 3 Cr 3: 3 s3 o~es. Thts urovt ·ion she33 he 4 ncorporated 4 nee the ~ro~ect CC&R * m. 1p: pkview -A12 -