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HomeMy WebLinkAbout156-92 RESOLUTION NO. 156-92 DENYING THE APPEAL AND APPROVING THE TOWERY GENERAL PLAN AMENDMENT (GPA 92-01) AND PRELIMINARY DEVELOPMENT PLAN - REZONING (RZ 92-01) at 355 CLIFFSIDE DRIVE AND PARCEL C OF SD 6098 (APN # 208-170-013, 015 and 208-650-016) WHEREAS, Ron Towery (applicant) has requested approval of a General Plan Amendment (GPA 92-01) and a Preliminary Development Plan - Rezoning request (RZ 92-01) for development of five lots on an 8.75 acre site; and WHEREAS, the subject site is identified as 355 Cliffside Drive and Parcel C of SD 6098, being further identified as Assessor's Parcel Numbers 208-170-013, 015 and 208-650-016; and WHEREAS, the Planning Commission adopted Resolution No. 92-24 recommending that the Town Council amend the General Plan designation of the site from Rural Residential to Residential - Country Estates (1 acre minimum lot size) and rezone the site to the P-l; Planned Development District for development of four lots; and WHEREAS, the applicant appealed the Planning Commission approval of a four lot development, concurrently submitting a revised proposal for development of proposed Parcel D; and WHEREAS, the Town Council adopted Resolution No.147-92 referring the revised plan for Parcel D to the Planning Commission for review and comment; and WHEREAS, the Planning Commission reviewed the revised proposal for development of Parcel D at the meeting of September 29, 1992; and WHEREAS, the Planning Commission adopted Resolution No. 92-38 recommending that ' the Town Council adopt a Mitigated Negative Declaration of Environmental Significance and approve GPA 92-01 and RZ 92-01 for five lots with amended conditions of approval; and WHEREAS, the Town Council considered the referral from the Planning Commission at a noticed public hearing on October 20, 1992; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the Town Council approve the revised proposal; and WHEREAS, the Town Council did consider all reports, recommendations, and testimony PAGE I OF RESOLUTION NO. 156-92 submitted in writing and presented at the hearing. now, therefore, be it RESOLVED THAT the Town Council denies the appeal, adopts a Mitigated Negative Declaration of Environmental Significance for the project and approves the General Plan Amendment and Preliminary Development Plan - Rezoning for development of a total of four lots, per the amended conditions contained herein, and makes the following findings in support of the General Plan Amendment and Preliminary Development Plan - Rezoning: GENERAL PLAN 1. The General Plan Amendment is consistent with the Goals and Policies of the general Plan. 2 The General Plan Amendment will not adversely effect the preservation of aesthetics and other community qualities. 3. The General Plan Amendment will not adversely effect the Town's ability to maintain high quality public facilities and services. 4. The General Plan Amendment will not adversely effect the quality of life within existing developed areas of the community. 5. The General Plan Amendment will not adversely effect the harmony between Danville's development and it's physical setting; PRELIMINARY DEVELOPMENT PLAN - REZONING 1. The proposed Rezoning will substantially comply with the General Plan. 2. The uses authorized or proposed in the land use district are compatible within the district and to uses authorized in adjacent districts. 3. Community need has been demonstrated for the use proposed. 4. The proposed project is consistent with the Danville 2005 General Plan. 5. 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. 6. The revised Project conditions will serve to mitigate potentially significant environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance for this project. 7. There is no evidence before the Town that the proposed project will have potential PAGE 2 OF RESOLUTION NO. 156-92 , for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. The site is physically suitable for the proposed density of development. Project conditions require a Development Permit for construction of new homes on the site. Conditions of this application and Development Permits shall insure that any new development on these parcels shall be consistent with Community Goal 3 of the Danville 2005 General Plan (10g. 28) which requires the integration of new development visually and functionally in a manner compatible with the physical character and desired image of the community. 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 proiect. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a General Plan Amendment (GPA 92-01) and Preliminary Development Plan - Rezoning (RZ 92-01) for a four lot single family development identified as Assessor's Parcel Number 208-170-013, 015 and 208-650-016. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; "Towery General Plan Amendment Study" site and architectural guidelines consisting of 22 pages, prepared by Craig and Wood Architects, dated received by the Planning Division on June 18, 1992. Development of Parcel D is not approved as a part of this entitlement. 2. This approval is subject to adoption of Ordinance No. 92-12. 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. 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 initial comments on this project are summarized in part PAGE 3 OF RESOLUTION NO. 156-92 B, within their letter of April 24, 1992. The applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185 within 10 days after approval of the Tentative Parcel Map. The fee shall be $1,300 unless the project is found to be De Minimus (the project has no potential for an 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 materiMs shall be stopped, the Town 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 7:00 a.m. to 7:00 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. (b) Any building construction activity, delivery of construction supplies, or use of pneumatic tools, shall be limited to weekdays (Mondays thru Fridays) during the hours from 7:00 a.m. to 7:00 p.m., unless otherwise approved in writing by the Chief Building Official. , At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site and to the homeowner associations of nearby residential projects that construction work will commence. The notice shall include a list of contract 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 names of individuals responsible for dust, noise and litter control shall be expressly identified in the notice. SITE PLANNING 1. All lighting shall be installed in such a manner that glare is directed away PAGE 4 OF RESOLUTION NO. 156-92 C, from surrounding properties and rights-of-way. Outdoor lighting shall be reviewed and approved by the Design Review Board with the individual Development Plan applications. , The location of any pad mounted transformers shall be subject to approval by the Planning Division prior to the issuance of a building permit. A Development Plan application with the home designs and improvements for each unit shall be submitted and approved by the Design Review Board (DRB) and the Planning Commission. The units designed for Parcels B and C shall be within the range of 3500 to 4500 square feet. The home designed for Parcel C of SD 6098 shall be within the range of 2500 to 3000 square feet in floor area. The Development Plan application for Parcel C of SD 6098 shall be reviewed and approved by the Design Review Board (DRB) and the Planning Commission. LANDSCAPING A site specific landscape and fencing plan for each lot shall be submitted with the Development Plan applications for review and approval by the Planning Division. Landscaping shall utilize native drought tolerant vegetation with open fencing to be utilized throughout the site. A final landscape plan for the project entry and the access easement shall be approved by the Chief of Planning prior to issuance of a building permit for the project. All plant material shall be drought tolerant materials and maintained in a healthy growing condition. 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. An arborist report shall be submitted with the Final Development Plan and Parcel Map identifying the potential impacts and mitigation for the 24" oak tree on Parcel C. The arborist report shall include an analysis of the impact of development of Parcel C of SD 6098 on adjacent oak trees. PAGE 5 OF RESOLUTION NO. 156-92 D, E, The final landscape plan shall create a clustered natural hillside appearance. to planted areas and include screen planting along the driveway adjacent to the Gallagher residence. The plant materials utilized shall provide an adequate visual buffer between units while allowing views to be retained. ARCHITECTURE Development on Parcels B, C, and Parcel C of SD 6098 shall be limited to a maximum height of 25 feet and shall require submittal of a Development Plan application to be reviewed and approved by the Design Review Board (DRB). (Mitigation Measure) The exterior elevations, materials, colors, fencing and walls shall be consistent with the design guidelines referenced in Section A (la) above. (Mitigation Measure) 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). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. The street number(s) of the building(s) shall be posted so as to be easily seen from the private road and be visible at all times, day and night. Property owners immediately adjacent to the subject site (Jones, Gallagher, Wheeler) shall be notified when Development Plan applications for Parcels B, C (Cliffside Drive) and Parcel C of SD 6098 are filed with the Town. , The deeds for each lot within the development shall include reference to the approved project design guidelines. The final wording of the reference shall be approved by the Planning Division prior to recordation of the final map. PARKING No parking is permitted on the private access easement serving Parcels B and C. GRADING The applicant shall comply with the Soil and Geotechnical mitigation measures indicated in the soil reports dated March 21, 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 PAGE 6 OF RESOLUTION NO. 156-92 G, o building permits (Mitigation Measure). Any grading on adjacent properties will require written approval of those property owners affected. 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 Chief Building Official and employed at all times as conditions warrant. 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 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 reviewed and approved by the Design Review Board. Grading for future building construction is not approved. The final grading plans shall be submitted with the exterior elevations and approved by the Design Review Board and the Planning Commission with the Development Plan applications for Parcels B, C, t;) and Parcel C of SD 6098. Grading activity, up to and including pad certification, is subject to periodic review and approval of the Town Engineer and may be prohibited between October 15 and April 15 or at any time erosion potential exists. The grading plan submitted with the Tentative Map and Development Plan applications shall be at an adequate scale to indicate contours reflective of existing topography. STREETS Any portions of the textured pavement proposed at the entry within the public right of way (Cliffside Drive) to the project shall be approved by the Town Maintenance Department prior to approval of improvement plans. 20 A roadway maintenance agreement shall be executed to share maintenance PAGE 7 OF RESOLUTION NO. 156-92 of the private access easement serving Parcels B and C. The maintenance agreement shall be approved by the City Attorney prior to recordation of the final map. The developer shall keep adjoining public or private sweets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. Any damage to public or private sweet 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. The final maintenance agreement between the applicant and Gallaghers for joint access and entry shall be submitted in writing to the Town of Danville and reflected on the tentative and final map for the project. The applicant shall have a fair share obligation to participate in the existing Homeowners maintenance agreement for Montego Drive. The private road surface serving lots with access from Cliffside Drive shall be kept in substantially the same condition as installed. Future changes to the pavement material shall require approval of the Design Review Board. The final design, grading and retaining walls for the access road shall be approved by the Design Review Board. Prior to filing the final map, the applicant shall submit an appraisal quantifying the dollar value for construction of Montego Drive. In the future, the applicant shall be solely responsible for maintenance and repair of Montego Drive up to the fair share dollar amount indicated in the appraisal. The fair share dollar amount shall be established by the City Engineer after review of the appraisal. The fair share contribution established by the City Engineer may be appealed to the Town Council. The owner of Parcel C of SD 6098 shall thereafter have a fair share obligation for road maintenance and repair as indicated in condition G.(6) above. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District or approval of individual wells to the satisfaction of the Contra Costa County Health Department. PAGE 8 OF RESOLUTION NO. 156-92 10. 11.¸ 12. 13. 14. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District unless approval is secured to utilize a private sewage disposal system. 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. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. Roof drains shall empty onto paved areas, 'concrete swales, other approved dissipating devices, or into a pipe. 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. 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. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District and the Department of Fish and Game. 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. All electrical utilities required to serve the development shall be undergrounded. All public improvement plans shall be prepared by a licensed civil engineer. The developer shall notify the Department of Fish and Game, P.O. Box 47, Yountville, California 94599 of any proposed construction project that may PAGE 9 OF RESOLUTION NO. 156-92 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 Staff. Any other change will require Planning Commission approval through the Development Plan review process. 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. The applicant shall demonstrate to the satisfaction of the City Attorney that there is legal access to Parcel C of SD 6098 prior to approval of a Parcel Map for this development. If legal access to Parcel C can not be demonstrated, the Final Development Plan shall reflect how alternate access will be provided. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, October 20, 1992, by the following vote: AYES: LANE, SHIMANSKY, DOYLE, ~GREENBERG NOES: RITCHEY ABSTAINED: NONE ABSENT: NONE APPROVED AS TO FORM: rneyC ATTEST: City Clerk agpzl7 PAGE 10 OF RESOLUTION NO. 156-92