HomeMy WebLinkAbout043-92RESOLUTION NO. 43-92
A RESOLUTION OF THE DANVILLE TOWN COUNCIL ADOPTING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVAL
OF THE FINAL DEVELOPMENT PLAN - REZONING REQUEST (PUD 91-10) AND
MAJOR SUBDIVISION REQUEST SD 7457 (PLUMMER/READ) TO DEVELOP 20
SINGLE FAMILY RESIDENTIAL UNITS
WHERFakS, Louis Plummer and Robert Read have requested approval of a Preliminary
and Final Development Plan (PUD 91-10) and a major subdivision (SD 7457) for a twenty
lot subdivision on a 30.5 acre site; and
WHEREAS, the subject site is located at the terminus of Campbell Place and is identified
as Assessors Parcel Number 202-100-035; and
WHEREAS, The Town of Danville P-1 Planned Unit Development District Ordinance
requires approval of a Preliminary and Final Development Plan - Rezoning request; and
WHEREAS, The Town of Danville Subdivision Ordinance requires approval of a Tentative
Subdivision Map prior to recordation of a Final Map; and
WHEREAS, the potential environmental impacts have been mitigated through conditions
of approval and adoption of a Mitigated Negative Declaration of Environmental
Significance; and
WHEREAS, The Town Council did review the project at a noticed public hearing on April
7, 1992; and
WHEREAS, The Town Council did hear and consider all reports, recommendations and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville that the Town Council hereby
adopts a Mitigated Negative Declaration of Environmental Significance and approves the
Preliminary and Final Development Plan and Tentative Map per the conditions contained
herein, and makes the following findings in support of the Preliminary and Final
Development Plan - Rezoning and Tentative Map:
.
The proposed Planned Unit Development is consistent with the Danville 2005
General Plan.
,
The proposed Planned Unit Development is consistent with the Sycamore Valley
Specific Plan.
.
The proposed 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 uses are compatible with the district and with uses authorized in adjacent
districts.
.
Project conditions, coupled with project redesign from the original submittal, will
serve to mitigate potentially significant environmental impacts identified in the
Mitigated Negative Declaration of Environmental Significance prepared for this
project.
The Town of Danville further finds as follows in support of the Vesting Tentative
Subdivision Map:
.
The proposed map is consistent with the Danville 2005 General Plan and is
consistent with the Final Development Plans for the project;
.
The design and improvements of the proposed subdivision is consistent with the
Danville 2005 General Plan, will not cause substantial environmental damage or
substantially and avoidably injure fish or wildlife;
.
The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems.
4. The site is physically suitable for the proposed density of development.
.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
.
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.
PAGE 2 RESOLUTION NO. 43-92
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following conditions shall be complied with prior to
issuance of grading or building permits for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
0
This approval is for a twenty lot Preliminary and Final Development Plan -
Rezoning request (PUD 91-10) and a Tentative Subdivision Map request (SD
7457) identified as Assessor's Parcel Number 202-100-035. Development shall
be substantially as shown on the project drawings noted as follows, except as
may be modified by conditions contained below;
a,
Major Subdivision Map (SD 7457), consisting of one sheet labeled "Plummet
Property", prepared by Bissell and Karn and dated received by the Planning
Division on February 21, 1992.
b.
Site and architectural guidelines entified "Plummer/Read Planned Unit
Development", consisting of 16 pages, prepared by Craig and Wood
Architects and dated received by the Planning Division on February 11, 1992.
c. Revised landscape plan, consisting of one sheet, prepared by Bissell and
Karn and dated received by the Planning Division on February 11, 1992.
.
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 permits are secured. Notice should be
taken specifically of the Town's Sycamore Valley Benefit District Fee and the
drainage acreage fees as established by the Contra Costa County Flood Control
District.
*3.
Prior to the issuance of grading or building permits, the developer shall submit
written documentation that all requirements of the San Ramon Valley Fire
Protection District and the San Ramon Valley Unified School District have been,
or will be, met to the satisfaction of these respective agencies. The Fire District's
PAGE 3 RESOLUTION NO. 43-92
*4.
*5.
*6.
*7.
initial comments on this project are summarized in part within their letter of
September 17, 1991.
The applicant shall submit to the Town of Danville within 10 days after approval
of the Tentative Subdivision Map fees required to file a Notice of Determination
for this project as required by AB 3185. The fee shall be $1,300 unless the
project is found to be De Minimus (i.e., the project is determined to have no
potential adverse effect on wildlife resources or the habitat upon which the
wildlife depends), in which case the fee shall be $25.00.
If archeological materials are uncovered during any construction or
pre-construction activities on the site, all earthwork within 100 feet of these
materials shall be stopped, the Planning Division notified, and a professional
archeologist, certified by the Society of California Archeology and/or the Society
of Professional Archeology, shall be notified. Site work in this area shall not
occur until the archeologist has had an opportunity to evaluate the significance
of the find and to outline appropriate mitigation measures, if they are deemed
necessary.
(a)
All construction and grading operations, including delivery of materials
and warming up of machinery, 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. If determined
necessary by the City Engineer, the project developer shall provide
security fencing around the entire site during construction of the project.
Co)
Any building construction activity, delivery of construction supplies, or
use of pneumatic tools, 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 Chief Building Official.
At least one week prior to commencement of site clearing and/or grading, the
applicant shall post the site with a notice of impending construction activity and
mail similar notice to both owners of property within 300 feet of the exterior
boundary of the project site and to homeowner associations of nearby residential
projects that construction work will commence. The on-site and mailed notices
shall include a list of contact persons with name, title, phone number and area
of responsibility. The person responsible for maintaining the list shall be
included. The list shall be kept current at all times and shall consist of persons
with authority to initiate corrective action in their area of responsibility. The
PAGE 4 RESOLUTION NO. 43-92
names of individuals responsible for dust, noise and litter control shall be
expressly identified in the notice.
B. SITE PLANNING
.
All lighting shall be installed in such a manner that glare is directed away from
surrounding properties and rights-of-way. Outdoor lighting shall be subject to
review and approval by the Design Review Board and Planning Commission with
the individual Development Plan applications processed pursuant to condition
# B.8. below.
*2. The location of any pad mounted transformers shall be subject to approval by the
Planning Division prior to the issuance of building permits.
.
The fifty foot area around the perimeter of the developed area indicated as a
"Fire Buffer" on the preliminary landscape plan shall be included in the
"Landscape Easement" on the Final Map recorded for this project.
,
The final agreement between the applicant and East Bay Regional Park District for
open space areas to be dedicated shall be submitted in writing to the Town of
Danville and reflected on the final map for the project.
0
Open space areas not dedicated to the East Bay Regional Park District, including
the "landscape easement", shall be indicated on the Final Map for this project as
a separate parcel and shall be maintained by a Homeowners Association or a
maintenance district.
.
Grading for future building construction on Lots 13, 14 and 15 is not approved
as submitted. Revised grading plans for these lots shall be submitted with the
exterior elevations and shall be subject to review and approval by the Design
Review Board with the Development Plans submitted for Lots 13, 14 and 15.
.
Lots 1-10 and 16-20 shall be developed as production homes. A Development
Plan application detailing the home designs and site improvements for those units
as a group shall be submitted for review and approval by the Design Review
Board. Any proposal to separate the development of production homes into
smaller subunits shall require approval of the Design Review Board and the
Planning Commission.
PAGE 5 RESOLUTION NO. 43-92
,
Lots 11-15 shall be developed as custom homes. Individual Development Plan
applications for each lot shall be submitted for review and approval by the
Design Review Board.
0
The open space area delineated on the final map 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 the date of final map recordation, to accept or reject the
dedication. Upon acceptance of open space dedication, the developer shall be
responsible for installing improvements within the open space area as may be
required by the East Bay Regional Park District. 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, these open space areas
shall be maintained by the homeowner's association or maintenance district.
Development rights for the open space parcels shall be dedicated to the Town in
the event that all or a portion of the open space is not accepted for dedication
by the East Bay Regional Park District. Open space lands created as a part of this
subdivision shall not be altered subsequent to completion of the subdivision
except as may be expressly permitted by the Town.
C. LgANDSCAPING
.
A site specific landscape and fencing plan for Lots 11-15 shall be submitted with
the Development Plan applications submitted for review and approval by the
Planning Division. The landscape palette shall utilize native Oak trees and
drought tolerant vegetation with open fencing to be utilized on visible slopes.
o
A final landscape plan for the project entry, access easement and street trees and
"landscape easement" area shall be submitted for review and approval by the
Planning Division prior to issuance of grading or building permits for the project.
3. All plant material shall be drought tolerant materials and shall be maintained in
a healthy growing condition.
*4. 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 is size.
5. No structures shall be erected in the area indicated as a "Landscape Easement"
on the Final Map for the project.
PAGE 6 RESOLUTION NO. 43-92
,
The final landscape plan shall provide details on the landscape and fencing
treatment proposed along both sides of the private access easements between
Lots 2 and 5, the rear of Lots 16 and 17 and the radius frontage for lot 16.
.
The wording of the Conditions, Covenants, and Restrictions (CC&R's) or
maintenance agreement established for this project to assure maintenance of all
open space areas not dedicated to East Bay Regional Parks District shall be
subject to review and approval by the Chief of Planning and the City Attorney
prior to recordation of the Final Map for this project. The CC&R's or
maintenance agreement shall include provisions to maintain debris benches and
other improvements in the open space area controlled by the homeowners.
0
A public trail easement shall be provided between Lots 10 and 11 and shall be
(fi'fcrcd to thc l'mlfiic on tile I:ifud Y.!:lp Ior Illis projcct. I)isclostwc of saicl
t~ast:mcnt t{~ initial and future' I'ummmvncrs sh;dl be accomplished by v~av of
imli~idual (Itx'd ru)tilicmitm ti)t' all lots in the subdivision.
9. Landscaping and fencing installed in areas to be dedicated to the East Bay
Regional Park District (EBRPD) shall comply with all EBRPD requirements.
10. The spacing of oak trees in open space areas shall be consistent with the
character of existing oak tree patterns in hillside areas.
11. The final landscape plan shall include open perimeter fencing and an informal
street tree plan within the project.
D. ARCHITECTURE
,
Development on Lots 11-15 shall be limited to one story designs elements not
exceeding 28 feet in height from adjoining grade. Development of these lots
shall be subject to further review through individual Development Plan
applications to be reviewed and approved which shall be subject to review and
approval by the Design Review Board. (Mitigation Measure)
o
The exterior elevations, materials, colors, fencing and walls shall be consistent
with the site and architectural design guidelines cited in Condition #A.l.b.
(Mitigation Measure).
3. The maximum height (as measured from finished grade) of single family
structures developed on Lots 1~10 and 16~20 shall be 30 feet. The maximum
PAGE 7 RESOLUTION NO. 43-92
height of residences on Lots 11-15 shall be 28 feet (as measured from finished
grade). (Mitigation Measure)
*4.
All ducts, meters, air conditioning and/or any other mechanical equipmenriil
whether on the structure or on the ground, shall be effectively screened from
view with landscaping or materials architecturally compatible with the main
structure. The highest point of any roof mounted equipment shall not extend
above the top of the equipment well.
* 5. The street number of all building(s) shall be posted so as to be easily seen from
the private road and be visible at all times, day and night.
.
A Development Plan is required for exterior elevations and front yard
landscaping for each parcel in this subdivision and shall be subject to review and
approval by the Design Review Board.
E. PARKING
1. No parking is permitted on the private access easements serving Lots 3,4 and 13-
15. The access easements shall be posted to indicate that no parking is permitted.
F. GRADING
lo
The applicant shall comply with the Soil and Geotechnical mitigation measures
indicated in the soil reports dated March 8, 1988, July 31, 1991 and October 1
1991. A lot specific soil report with foundation mitigation measures shall be
submitted and approved by the City Engineer and Building Division prior to
issuance of grading and building permits. (Mitigation Measure):
*2. Any grading on adjacent properties requires prior written approval submitted to
the City Engineer from affected property owners.
*3.
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 subject to review and approval by the Chief Building Official and
employed at all times as conditions warrant.
*4.
Development shall be completed in compliance with a detailed soils report and
the construction grading plans prepared for this project. The soils report shall
contain specific recommendations for foundation design of buildings. The
PAGE 8 RESOLUTION NO. 43-92
O.
engineering recommendations outlined in the project specific soils report shall
be incorporated into the design of this project.
.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall be
submitted for review and approval by the Town Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of the site
from settlement and seismic activity. Revisions to the approved grading plan
required by additional soil and geotechnical analysis shall be subject to review
and approval by the Design Review Board.
STREETS
.
The textured pavement indicated at the entry to the project shall be subject to
review and approval by the Town Maintenance Department as part of the review
process of the project improvement plans.
.
A roadway maintenance agreement shall be executed to share maintenance of the
private access easements serving Lots 3, 4 and 13-15. The agreement shall be
subject to review and approval by the City Attorney prior to recordation.
*3.
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.
*4.
Any damage to public street improvements, now existing or done during
construction, on or adjacent to the subject property 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 the
City Engineer.
H. INFRASTRUCTURE
* 1. Water supply service shall be provided by the East Bay Municipal Utility District
in accordance with the requirements of the District.
*2. Sewer disposal service shall be provided by the Central Contra Costa Sanitary
District in accordance with the requirements of the District letter dated July 23,
1991.
PAGE 9 RESOLUTION NO. 43-92
*3.
Drainage facilities and easements shall be provided to the satisfaction of the City
Engineer and/or the Chief Engineer of the Contra Costa County Flood Control
District letter of July 29, 1991.
*4. All storm water run-off shall be collected and conducted via an approved
drainage method to the nearest approved downstream facility.
*5. Off-site drainage flows shall be intercepted at the project boundary via an
approved storm drain facility, or as approved by the City Engineer.
*6. Roof drains shall empty onto paved areas, concrete swales, other approved
dissipating devices, or into a pipe.
*7. Concentrated drainage flows shall not be permitted to cross sidewalks or
driveways.
*8. Any portion of the drainage system that conveys runoff from public streets shall
be installed within a dedicated drainage easement, or public street.
*9. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
ยท 10. 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. Electrical,
gas, telephone, and Cable TV services, shall be provided underground in
accordance with the City policies and existing ordinances. All utilities shall be
located and provided within public utility easements, sited to meet utility
company standards, or in public streets.
* 12. All electrical utilities required to serve the development shall be undergrounded.
'13. All public improvement plans shall be prepared by a licensed civil engineer.
'14.
The developer shall mitigate the impact of additional storm water runoff from
this development on the San Ramon Creek watershed by either of the following
methods:
PAGE 10 RESOLUTION NO. 43-92
a.
Removing 1 cubic yard of channel excavation material from the inadequate
portion of San Ramon Creek near Chaney Road for each 50 square feet of
new impervious surface area created by the development. All excavated
material shall be disposed of offsite by the developer at his cost. The site
selection, land rights, and construction staking will be determined by the
Flood Control District.
OR, AT THE OPTION OF THE DEVELOPER,
b0
Contribute to the County Deficiency Development Fee Trust (Fund No.
812100-0800) a drainage fee of $0.10 per square foot of new impervious
surface area created by the development. Within 12 months of receipt of the
contribution, the Flood Control District will use the monies to implement the
subject improvements. The added impervious surface area created by the
development will be based on the Flood Control District's standard
impervious surface area ordinance.
'15.
The developer shall notify the Department of Fish and Game, P.O. Box 47,
Yountville, California 94599 of any proposed construction project that may affect
streams in accordance with Section 1601 and/or 1602 of the Fish and Game
Code. If the subdivision is subject to requirements of the Department of Fish
and Game, the developer shall submit with the Project Improvement Plans a letter
from the Department of Fish and Game which indicates the Department's
requirements. Requirements by the Department of Fish and Game shall be noted
or shown on the construction plans.
I. MISCELLANEOUS
'1.
The project shall be constructed as approved. Minor modifications in the design,
but not the use, may be approved by the Chief of Planning. Any other change
will require Planning Commission approval through the Development Plan review
process.
*2.
Conditions of this approval may require the developer to install public
improvements on land neither the developer, not the Town, has easement rights
to allow the improvements to be installed. The developer shall be responsible
for acquisition of the necessary easements either through private negotiations or
by entering into an agreement with the town and assume all responsibilities for
acquisition pursuant to the Town's authority for condemnation. Such
acquisitions shall be commenced prior to the developer's submittal of any final
map. All costs associated with such acquisition shall be borne by the developer.
PAGE 11 RESOLUTION NO. 43-92
.
The final status of the Magee easement shall be clarified to the satisfaction of the
City Attorney prior to the recordation of the final map.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, April
7, 1992, by the following vote:
AYES: GREENBERG, LANE,
NOES: NONE
ABSTAINED: NONE
ABSENT: RITCHEY
SHIMANSKY, DOYLE
APPROVED AS TO FORM:
ATTEST:
CITY CLERK
agpzll
PAGE 12 RESOLUTION NO. 43-92
