HomeMy WebLinkAbout124-91RESOLUTION NO. 124-91
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE
ADOPTING A NEGATIVE DECIAiLATION OF ENVIRONMENTAL SIGNIFICANCE
AND APPROVING GENERAL PLAN AMENDMENT GPA 91-3 AND THE CONCURRENT
PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST (PUD 91-7)
FOR SHAPELL INDUSTRIES OF NORTHERN CALIFORNIA
(APN: 207-050-011)
WHEREAS, Park View Properties and Shapell Industries of Northern California sought
approval of a General Plan Amendment and a concurrent Preliminary Development Plan
- Rezoning request involving 23 ~-/- acres generally located at the south side of the
intersection of Camino Tassajara and Sycamore Valley Road (APN 207-050-009 and 207-
050-011); and
WHEREAS, on February 23, 1989 the Town Council authorized staff preparation of a
General Plan Amendment Study and directed the project proponents to submit a
concurrent Preliminary Development Plan - Rezoning request to detail their preferred land
plan for the Plan Area; and
WHEREAS, the project proponents submitted a General Plan Amendment request (GPA
89-1) requesting reclassification of the subject 23 +/- acres from a Public & Open Space -
Parks and Recreation land use designation to a mixture of designations, including;
Residential - Single Family - Medium Density (3-5 dwelling units per acre) and Public &
Open Space - General Open Space; and
WHEREAS, the project proponents concurrently submitted a Preliminary Development
Plan - Rezoning request (89-15) seeking approval of a 39 unit single family residential
Planned Unit Development (originally submitted as a 49 unit PUD); and
WHERF~S, the Planning Commission did review the project at a series of noticed public
hearings, concluding (for the Shapell Industries of Northern California portion of the
proposal) with a hearing on April 23, 1991; and
WHERF~S, the proper notice of this request was given in all respects as required by law;
and
WHEREAS, a Negative Declaration of Environmental Significance has been prepared for
the project pursuant to the regulations of the California Environmental Quality Act
(CEQA), indicating that no significant environmental impacts are anticipated to be
associated with the development of the site, and which calls for additional environmental
PAGE NO. 1 RESOLUTION NO. 124-91
analysis to be conducted with the subsequent submittal of detailed Tentative Map/Final
Development Plan applications, with said environmental work to be based in part on
additional studies (hydraulic, tree preservation and soils/geotechnical studies); and
WHEREAS, The Planning Commission, after receiving the staff report for the April 9, 1991
meeting, took the following actions;
o
Denied without prejudice the Park View Properties portion of GPA 89-1 and
PUD 89-15.
,
Indicated their intent to approve the Shapell Industries of Northern
California portion of GPA 89-1 and PUD 89-15, continuing the matter to
their meeting of April 23, 1991 and directing staff to return with the
appropriate revisions to the draft Negative Declaration of Environmental
Significance and draft Resolution and Development Criteria; and
WHEREAS, for record keeping purposes, Staff assigned new application numbers to the
Shapell portion of the project (GPA 91-3 and PUD 91-7); and
WHEREAS, the Planning Commission, after receiving the staff report for the April 23, 1991
meeting, adopted Planning Commission Resolution No. 91-18 recommending the Town
Council adopt a Negative Declaration of Environmental Significance for the project and
approve General Plan Amendment GPA 91-3 as recommended by staff, amending the
subject property's land use designation to a combination of Residential - Single Family -
Low Density (1-3 dwelling units per acre), Public & Open Space - General Open Space
and Public & Open Space - Public and Semi Public designations and limiting the
maximum yield for the 12 +/- acre Plan Area to 16 lots, with development of the property
subject to the General Development Criteria (Attachment A of Resolution No. 91-18); and
WHEREAS, the Planning Commission further recommended the Town Council
conditionally approve Preliminary Development Plan - Rezoning PUD 91-7, as generally
detailed on the Staff Study dated April 17, 1991, providing for a Planned Unit
Development of a maximum of 16 single family residential units and a 3/4 +/- acre
devoted for future use as a child care site; and
WHEREAS, the Town Council, at their July 2, 1991 meeting, received and considered the
recommendations of the Planning Commission and did hear and consider all reports and
testimony presented prior to or during the public hearing.
WHEREAS, the proper notice of this request was given in all respects as required by law;
and
PAGE NO. 2 RESOLUTION NO. 124-91
NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Danville
adopts a Negative Declaration of Environmental Significance for the project and approves
General Plan Amendment GPA 91-3 as recommended by the Planning Commission,
amending the subject properry's land use designation to a combination of Residential -
Single Family - Low Density (1-3 dwelling units per acre), Public & Open Space - General
Open Space, and Public & Open Space - Public and Semi Public designations and limiting
the maximum yield for the 12+/- acre Plan Area to 16 lots, with development of the
property subject to the General Development Criteria (Attachment A of Resolution No. 91-
18); and
BE IT FURTHER RESOLVED THAT the Town Council conditionally approves Preliminary
Development Plan - Rezoning PUD 91-7, as generally detailed on the Staff Study dated
April 17, 1991, providing for a Planned Unit Development of a maximum of 16 single
family residential units and a 3/4 +/- acre devoted for future use as a child care site,
subject to the conditions of approval listed below; and
BE IT FURTHER RESOLVED THAT the Town Council makes the following Findings in
support of their approval of General Plan Amendment GPA 91-3:
.
The General Plan Amendment is consistent with the Goals and Policies of the
General Plan.
.
The General Plan Amendment will not adversely affect the preservation of present
aesthetics and other community qualities.
.
The General Plan Amendment will not adversely affect the Town's ability to
maintain high-quality public facilities and services.
.
The General Plan Amendment will not adversely affect the quality of life within
existing developed areas of the community.
o
The General Plan Amendment will not adversely affect the harmony between
Danville's development and its physical setting; and
BE IT FURTHER RESOLVED THAT the Town Council makes the following Findings in
support of their recommendation to approve Preliminary Development Plan - Rezoning
PUD 91-7:
.
The proposed rezoning is in conformance with the General Plan Goals and
Policies.
o
The uses authorized under this rezoning action will be compatible with the uses
existing and proposed in the adjacent zoning districts.
PAGE NO. 3 RESOLUTION NO. 124-91
3. Residential use is a demonstrated community need.
.
The Planned Unit Development will constitute a residential environment of
sustained desirability and stability, and will be in harmony with the character of the
surrounding existing neighborhood and the ultimate development planned for the
subject area.
o
The design of the proposed development is in substantial conformance with the
applicable zoning regulations.
,
The design of the development and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facilities
services will be available to the new development.
.
The density of the development is physically suitable for the proposed density of
development.
o
The design of the proposed development and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential development has
previously occurred.
,
The design of the proposed development and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
CONDITIONS OF APPROVAL
o
Preliminary Development Plan - Rezoning approval is granted for the 12 +/- acre
Shapell Industries of Northern California property (APN: 207-050-011).
Development shall be as generally shown on the revised Preliminary Development
Plans entitled "Tassajara Park - Shapell Tract 6516", dated received by the Planning
Division on March 28, 199'1. The project shall be modified to reflect the plan
revisions depicted in the Staff Study dated April 17, 1991, which require, in part,
the following revisions;
a)
Reduces the maximum unit count in this portion of the project from 17 to
16 lots.
b)
Eliminates a minimum of one lot from the grouping of lots south of
Sycamore Creek (leaving a maximum of six lots across the creek), with the
lot layout to generally reflect the lot size and configuration shown on the
Staff Study of April 17, 1991. Lots established shall reflect a minimum lot
width at the street frontage of 80', shall indicate a minimum lot width from
PAGE NO. 4 RESOLUTION NO. 124-91
.
,
the front setback line through to the rear of the individual lots of 90', and
shall indicate, to the extent feasible, a minimum lot depth of 125'. A
reduction of the number of lots established in this area shall occur if it is
determined necessary by the Planning Commission to avoid excessive
upslope grading, to provide lots with generous building areas and to
provide functional rear yard areas.
c)
Consideration of use of front-to-rear up splits for finished pads for all lots
south of the creek except for the first lot over the proposed creek crossing
(new Lot 6 on the April 17, 1991 Staff Study).
d)
Requires that the area detailed as Lots 7 and 8 on the April 17, 1991 Staff
Study be subject to modification during the Tentative Map/Final
Development Plan review and establishes that one, or both, of these lots
shall be eliminated if it is determined by the Planning Commission that lots
of comparable size, access and configuration (as compared to the rest of the
project) can not be established and/or that development of the lots would
result in the loss of the significant trees on this portion of the property.
e)
Establishes a minimum lot size of 10,000 square feet for the lots detailed as
Lots 7 through 11 and imposes a minimum lot width of 80' and a minimum
lot depth of 120' for these lots.
f)
Modifies the lot pattern for the lots backing up to Camino Tassajara to allow
a realignment of the project entry road to better align with Glascow Drive
and to increase the project landscaping along the west side of the project
entry road. Establishes a minimum lot size of 12,000 square feet for these
five lots, with a minimum width at the front setback of 85' and a minimum
lot depth of 120' (with an exception given to new Lot 11 - which may have
a lot depth of 110').
The applicant shall submit to the Town of Danville fees required to file a Notice
of Determination for this project, as required by AB 3158 and the Town's adopted
Fee Schedule.
The Final Development Plan and Tentative Map submittal for this property shall
reflect the requirements of the Contra Costa County Flood Control District, as
indicated in their letter of June 19, 1991 relating to this property.
PAGE NO. 5 RESOLUTION NO. 124-91
.
The development proposal approved for this property shall be responsible for its
proportionate share of the costs (sharing the responsibility with the adjoining Park
View Properties property - APN: 207-050-009) to modify the signal at Camino
Tassajara and Glasgow Drive to a four-way signal.
APPROVED by the Danville Town Council at a Regular Meeting on July 2, 1991, by the
following vote:
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSTAINED: NONE
ABSENT: NONE
Mayor
7RO
d~ City Attorney
ATTEST:
City Clerk
Notice: The time within which you must seek judicial review of this decision is
governed by C.C.P. Section 1094.6 (ninety days)
shplres.tc
PAGE NO. 6 RESOLUTION NO. 124-91
ATTACHMENT A OF TOWN COUNCIL RESOLUTION NO. 124-91
GENERAL PLAN AMENDMENT STUDY GPA 91-3
SHAPELL INDUSTIRIES OF NORTHERN CALIFORNIA
GENERAL DEVELOPMENT CRITERIA
General Plan Amendment Study (GPA 91-3) reclassifying 12 +/- acres from a Public &
Open Space - Parks and Recreation land use designation to a mixture of Residential -
Single Family - Low Density designation (1-3 dwelling units per acre), Public & Open
Space - General Open Space and Public & General Open Space - Public and Semi Public.
The subject site is Parcel L of SD 6516, fronting 1675'+ on the south side of Camino
Tassajara approximately 800' east of the intersection of Sycamore Valley Road and Camino
Tassajara. (APN: 207-050-011)
A. General Provisions
.
Subsequent development entitlement for the property within the GPA
Amendment area shall be reviewed through the planned unit development
(P-l) process.
0
Development shall occur within the i to 3 dwelling units per acre density
range permitted under the Residential - Single Family - Low Density land
use designation of the General Plan. Area excluded from the calculation for
density shall include the area devoted to future child care facility (0.8 acres
minimum size), the area to be ultimately transferred to the Contra Costa
County Flood Control District (CCCFCD) through fee title dedication or by
easement for flood control purposes and the area above the 475 foot
contour line.
.
As generally detailed on the Staff Study dated April 17, 1991, a maximum
yield of 16 lots may be developed on the subject property.
.
The area detailed as Lots 1 through 6 on the Staff Study shall be subject to
modification during the Tentative Map/Final Development Plan review. A
reduction of the number of lots established in this area shall occur if it is
determined necessary by the Planning Commission to avoid excessive
upslope grading, to provide lots with generous building areas and to
provide functional rear yard areas. Cross-sections through this area shall
be developed and submitted as part of the submittal for the Tentative
Map/Final Development Plan.
.
The area detailed as Lots 7 and 8 on the Staff Study shall be subject to
modification during the Tentative Map/Final Development Plan review.
One, or both, of these lots shall be eliminated if it is determined by the
PAGE NO. I ATTACHMENT A - RESOLUTION NO. 124-91
Planning Commission that lots of comparable size, access and configuration
(as compared to the rest of the project) can not be established and/or that
development of the lots would result in the loss of the significant trees on
this portion of the property.
o
Visual amenities of the area shall be preserved to the maximum extent
possible. The following measures shall be incorporated into development
plans:
Maintain the maximum number of existing mature trees.
Provide a continuous landscape buffer along the Camino Tassajara
frontage, including use of the Sycamore Valley Specific Plan type
architectural soundwall along that portion of the development with
residential uses directly backing up Camino Tassajara and along the
north side of the outside play area for the future child care facility.
.
Development of the area shall be designed to integrate to the maximum
degree possible with the surrounding developments in the Sycamore Valley
Specific Plan Area. This shall include linkage of existing and planned trails
located along Sycamore Creek and construction of a foot bridge across
Sycamore Creek at the east side of the project area.
o
No building or structure shall exceed two stories or 28 feet in height (not
including chimneys), measured from finished grade to the ridge beam.
.
To limit potential adverse impacts to existing mature trees, site fill shall be
limited to the amount needed to functionally lift the site out of the 100-year
flood hazard zone. A Tree Preservation Plan, prepared by a licensed
arborist, shall be submitted to the Town for review and approval prior to
any additional fill being placed on the property or as part of the Tentative
Map/Final Development Plan review process - whichever occurs first.
10.
Rough grading may occur subsequent to the approval of a Preliminary
Development Plan - Rezoning, but no grading activity (cut or fill) may occur
within 15 feet of the dripline of any existing on-site tree, unless otherwise
approved by the Town.
B. Residential Development Standards
l0
Development of the residential units in the project may consist of either
individual custom designs or production type housing. All development
proposed shall be subject to review by the Town Design Review Board prior
to approval of the Final Development Plan.
PAGE NO. 2 ATTACHMENT A - RESOLUTION NO. 124-91
o
Minimum lot size requirements, minimum average width requirements, and
minimum depth requirements for lots established in this project shall be as
follows:
a)
Lots established south of the creek shall reflect a minimum lot width
at the street frontage of 80', shall indicate a minimum lot width from
the front setback line through to the rear of the individual lots of 90',
and shall indicate, to the extent feasible, a minimum lot depth of
125'. For these hillside lots, no fencing shall be established on slope
areas where elevations are more than 20' above the finsihed pad
elevation of the affected lot. In addition to this requirement, or as an
alternate, these hillside lots may have a reduced minimum lot size to
avoid the establishment of lots with rear yards artifically extending up
the adjoining slope area.
b)
Lots 7 through 11 shall reflect a minimum lot size of 10,000 square
feet, a minimum lot width of 80' and a minimum lot depth of 120'.
c)
Lots backing up to Camino Tassajara shall reflect a minimum lot size
of 12,000 square feet, a minimum width at the front setback of 85'
and a minimum lot depth of 120' (with an exception given to new
Lot 11 - which may have a lot depth of 110').
.
Minimum building setbacks shall be 25 feet for primary front yard areas, 25
total feet in side yard areas (with a minimum of 10 feet on one side and
with a minimum building-to-building separation of 25 feet), and 25 feet for
rear-yard areas (may not include slopes with a gradient steeper than 6
horizontal to 1 vertical). On corner lots, the minimum secondary front yard
setback area shall be 20 feet.
,
Each dwelling unit shall have a minimum of two vehicle parking spaces
located in a garage and two additional on-site spaces contained within a
driveway apron.
.
Storage of vehicles within required primary front yard areas, secondary
front yard areas and side yard areas is prohibited. No recreational vehicles,
boats or trailers shall be permitted to be stored or parked on-site or within
the established right-of-way for period in excess of 72 hours.
.
Building elevations shall be tapered or stepped so that no two story
elevations occur at the minimum primary front yard setback. This
requirement is intended to reduce the visual mass of the structure, further
PAGE NO. 3 ATTACHMENT A- RESOLUTION NO. 124-91
Co
Be
enhance separation between buildings, and create a more open and
comfortable streetscape setting. Rear and side elevations which abut, or are
oriented towards, streets shall receive special design treatment to soften
visual appearance.
.
As graphically portrayed on the staff study referenced in #A. 2. above, use
of split level lot padding (full floor and/or half floor side-to-side and front-
to-rear splits) shall be used for the lots proposed on the south side of
Sycamore Creek where deemed appropriate to reduce the magnitude of
project grading.
.
The grading plans submitted for the Tentative Map/Final Development Plan
submittal shall include pre-plotting information for all proposed residences
(and shall detail proposed finished floor elevations).
Circulation
.
The sole vehicular access to the subject area shall be provided from a road
extension from the current intersection of Camino Tassajara and Glasgow
Drive. Vehicular access through subject property shall be accommodated
to serve the adjoining Park View Properties property to the west (APN: 207-
050-009). Said access shall be assured through the Tentative Map/Final
Development Plan review process.
.
Road right-of-ways shall include adequate width for pedestrian and bicycle
paths.
3. Street widths shall be determined during the Tentative Map/Final
Development Plan review process.
Open Space and Recreation
,
The natural character of Sycamore Creek shall be preserved and enhanced
for its habitat value and as a recreation and visual amenity.
.
The sloping areas at the south portion of the area shall be maintained as
open space in order to avoid potential landslide problems and also to
provide a buffer between the Plan Area and the existing and planned
upslope development along Tunbridge Road. All existing on-site landslides
and soil failure areas shall be corrected in conjunction with the project
development.
.
Where drainage improvements are necessary along Sycamore Creek, they
shall be designed to enhance the natural appearance of the creek. If rip-
PAGE NO. 4 ATTACHMENT A - RESOLUTION NO. 124-91
rapping is required, it shall utilize large, ungrouted rocks that permit
ingrowth of grasses and other vegetation, unless otherwise authorized by
the City Engineer and CCCFCD. Landscaping shall be installed along the
banks of Sycamore Creek to enhance the appearance of this natural amenity.
,
An open space trail easement with a minimum width of 35 feet along the
north side of Sycamore Creek shall be offered in dedication to the East Bay
Regional Park District (EBRPD) and the Town of Danville. Building setbacks
from Sycamore Creek shall be identified on the Tentative Map/Final
Development Plan submittal and shall be based on a project specific flood
control analysis.
.
A landscaped creek trail system shall be developed as part of the project,
extending the entire length of the Plan Area and shall include a
pedestrian/equestrian bridge crossing at the eastern edge of the Plan Area
to allow the trail to cross over to the south side of Sycamore Creek. The
pedestrian portion of the trail shall have a minimum width of eight feet and
shall have pavement contained within appropriately sized headerboards.
Trail easements in addition to those cited in #D.4. above shall be supplied
as necessary to connect to existing and/or planned off-site trails.
.
Disturbed slope areas (disturbed for lot, road development and/or for slide
repairs) shall receive an upgraded hydroseeding with heavy planting of
native vegetation and trees.
,
The upslope open space areas along the south portion of the Plan Area shall
incorporate pedestrian trails to facilitate pedestrian movement. These trail
areas shall be covered by trail easements to be offered to the EBRPD and
the Town of Danville for potential future public usage.
.
An offer of dedication of appropriate easements (to either the Town of
Danville or the East Bay Regional Park Distric0 for a trail connection to the
planned future ridgeline trail, with appropriate connections to the creek
trail, shall be provided. The trail easement shall extend to the southeast
corner of the subject property.
E. Public Facilities and Utilities
.
All utility lines serving the site, including natural gas, electrical, water, waste
water and communications lines, shall be placed underground, except as
necessary at the creek crossing.
.
Street lights, where used, shall be of low level intensity (as approved by
staff).
PAGE NO. 5 ATTACHMENT A - RESOLUTION NO. 124-91
.
Street signage and project entry features shall complement the standards
used throughout the Sycamore Valley Specific Plan Area (as approved by
staff).
.
New development within the Plan Area shall be required to fund necessary
improvements to offset impacts generated and shall contribute toward area-
wide and regional infrastructure at an appropriate level.
F. Homeowners Association 'Responsibilities
Development projects constructed within this Plan Area shall be subject to the
creation of a homeowners association. The purposes and responsibilities of the
association shall include, but shall not be limited to, the maintenance of common
landscape and open space areas, maintenance of the private roadway and bridge,
and the maintenance of trail areas not accepted by a public agency.
G. Design Guidelines
1. Landscaping
ao
Existing riparian vegetation shall be preserved and, where possible,
enhanced by introduction of compatible native and shrub species.
b0
Landscaping along Camino Tassajara shall conform to the Camino
Tassajara Streetscape Standards (which requires provision of a sound
wall and a six foot width meandering concrete paved pathway), as
may be amended by landscape guidelines in place at the time of
landscape installation.
C.
Graded slopes adjacent to street rights-of-way and areas between
roadways and the area to be controlled by the Contra Costa County
Flood Control District (CCCFCD) shall be landscaped in accordance
with an approved overall landscape theme. The steepness of the
slopes shall be varied to blend with the natural contours of the land.
d.
The major entry shall consist of an increased landscaped setback area
incorporating accent lighting. The use of signs, graphics, special
paving, lighting and street furniture at the access point is encouraged
and can be considered during review of the Tentative Map/Final
Development Plan review process.
e.
The sound wall along Camino Tassajara shall be a split face block
concrete wall constructed to match the sound wall constructed along
Camino Tassajara and Sycamore Valley Road. The wall shall not be
PAGE NO. 6 ATTACHMENT A - RESOLUTION NO. 124-91
Ho
designed with a long uninterrupted stretch, but instead shall jog in
and out along the right-of-way and work around pockets of
deciduous and evergreen trees.
f.
Focal landscape treatment shall be provided at the project entry (i.e.,
at the southwest and southeast corners of the future intersection of
the project entry road and Camino Tassajara) shaped generally in
triangular forms, with the length of the landscape areas along the
street frontages to be a minimum length of 50'.
2. Architecture
The intent of these guidelines is to establish standards of high quality
architecture to be used in the design of buildings, structures, and
surrounding environment. It is recognized that the location of the Plan Area
at the entrance of the Sycamore Valley, and its corresponding high visual
sensitivity, makes it important that development serve not only the needs of
the community but that the physical design characteristics reflect the overall
design theme prevalent in the Sycamore Valley. The developers are
encouraged to use innovative techniques to make the project area a
significant statement of design.
a.
If production housing is utilized, substantial architectural variation
shall occur through the number of floor plans developed and by
providing multiple elevations for each floor plan. Elevations shall
show variations through changes in materials, rooflines, colors and
window treatment.
b.
Architectural style shall establish a consistent theme. The western
contemporary style used in the Sycamore Valley is encouraged.
Child Care Facility
The developer shall be responsible for the provision of a site for a future child
care facility and for site improvements of the site as described below.
1. Minimum lot size - 0.80 acres
.
Location - Southwest or southeast corner of project entrance off of Camino
Tassajara (precise location to be fixed during the Final Development Plan
review process).
.
Ownership - As part of the submittal for the Tentative Map/Final
Development Plan, the applicant shall submit a draft agreement addressing
PAGE NO. 7 ATTACHMENT A- RESOLUTION NO. 124-91
the ownership and sale/resale of the child care facility.
.
Site improvements (Shapell Industries of Northern California's responsibility
at the time of project development of the residential portion of the project);
ao
All frontage improvements (curb, gutter, sidewalk, longitudinal
drainage, street lights, etc.)
b0
Architectural soundwall along the northern side of the outside play
area along the Camino Tassajara frontage and an entry feature at the
intersection of the project entrance and Camino Tassajara.
c. Two driveway aprons
d. Frontage landscaping
e. Rough grading of the site
f. Design and construction drawings for all the above, as needed.
The location, precise size and configuration and access of the child care facility site
shall be determined through the Tentative Map/Final Development Plan review
process. If it is determined, from a sizing/configuration and/or access constraint
problem that the southeast location is inappropriate, the land plan shall be
modified as necessary to locate the facility on the southwest corner, with roadway
realignment and lot count reduction as necessary to satisfy the design criteria.
shapdevl.tc
PAGE NO. 8 ATTACHMENT A - RESOLUTION NO. 124-91