HomeMy WebLinkAbout167-93RESOLUTION NO. 167-93
APPROVING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
AND PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST (PUD 93-04)
KAUFMAN AND BROAD OF NORTHERN CALIFORNIA - APN 206-010-012
WHEREAS, Kaufman and Broad of Northern California has requested approval of a
Preliminary Development Plan - Rezoning for a 181 unit townhouse project on a 10.3 +/-
acre site; and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning to establish a Planned Unit
Development District; and
WHEREAS, the subject site is located south of Center Way, east of Crow Canyon Road and
west of Tassajara Ranch Drive and north of Subdivision 7132, and is identified as
Assessor's Parcel Number 206-010-012; and
WHEREAS, a draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHEREAS, the Town Council did review the project at a noticed public hearing on
December 7, 1993; and
WHEREAS, a staff report was submitted recommending Town Council approval of the
project; 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 Negative Declaration of Environmental Significance, approves the Preliminary
Development Plan - Rezoning request PUD 93-04 per the conditions contained herein, and
makes the following findings in support of this action:
1. The proposed project is consistent with the Danville 2005 General Plan.
.
The residential development will constitute a residential environment of sustained
desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
.
The development will mitigate off-site traffic and drainage impacts through the
assurance of off-site improvements in a manner acceptable to the Town.
0
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.
o
Approval of a Preliminary Development Plan for the subject ten acres acknowledges
that the Town is concurrently processing a General Plan Amendment application
(GPA 93-01) proposing to develop the remaining three acres of this parcel for
commercial purposes. Additionally, that approval of the Preliminary Development
does not preclude extending the multiple family land use into all or a portion of
the remaining three acres.
0
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the 1ocality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing will be
provided in this project: 5% of the 181 units (9 units) will be made available to
households earning 120-140% of the area's median income level; and 10% of the
housing units (18 units) will be made available to households earning 80-120% of
the area's median income level.
.
Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
a.
Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
b0
Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention of a greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
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not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would require important revisions
of the prior EIR; and (4) no new information of substantial importance to
the project has become available which would require an additional or
supplemental EIR.
CONDITIONS OF APPROVAL
(Note: * Indicates standard project Conditions of Approval)
Unless otherwise specified, the following Conditions shall be complied with prior
recordation of the Final Map for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
.
This approval is for a 181 unit townhouse located on a portion of the site
identified as Tassajara Ranch - Parcel E. Development shall be substantially
as shown on the project drawings as follows, except as may be modified by
conditions contained herein;
a.
"Preliminary Development Plan, California Shadowhawk" dated
October 22, 1993, prepared by Carlson, Barbie & Gibson and
Kaufman and Broad, consisting of eleven sheets and marked Exhibit
D in the Planning Commission Staff Report dated October 26, 1993.
bo
Alternative 13.0 acre site plan prepared by Kaufman and Broad dated
received by the Planning Division on October 22, 1993.
.
.
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 Tassajara Ranch Assessment District (TRAD)
fees, Child Care fees, Engineering Inspection Fees, Improvement Plan check
fees, Map Checking fees and drainage acreage fees as established by the
Contra Costa County Flood Control District.
Prior to the submittal of the Final Development Plan and Tentative Map, 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 within their letter of October 13, 1993.
* 4.
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. The fee
shall be $1,300 unless the project is found to be De Minimus (i.e., a project
found to have 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.
B. SITE PLANNING
* 1.
All lighting shall be installed in such a manner that glare is directed away
from surrounding properties and rights-of-way.
,
The location of any pad mounted transformers shall be subject to approval
by the Planning Division prior to the issuance of a building permit.
Generally speaking, such transformers shall not be located between any
street and the front of a building.
.
There shall be a minimum fifteen foot building setback along Tassajara
Ranch Drive.
.
If approval of GPA 93-01 by the Town ultimately results in a development
encompassing less than three acres, or, if GPA 93-01 is not approved, the
Final Development Plan for this project shall reflect a modified site and
circulation plan illustrating how a multiple family residential development
can be extended to the west.
,
The Tentative Map shall include a logical construction/improvement phasing
plan indicating how this development would accommodate multiple family
development on the remaining three acres.
,
The Final Development Plan shall include a site plan reflecting this project
encompassing the entire 13.0 acre site.
C. LANDSCAPING
* 1.
A final landscaping plan (with planting shown at 1"= 20' scale) shall be
submitted with the Final Development Plan and Tentative Map. The plan
shall include common names, sizes and spacing of all plant materials.
2. The landscape plan shall utilize a combination masonry wrought iron design
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for the perimeter of the project along Tassajara Ranch Drive. Additionally,
decorative pavement shall be utilized at the project entry and adjacent to the
recreation area. The details of both shall be reviewed and approved by the
Design Review Board.
.
Plant selection shall emphasize drought tolerant native species. Use of turf
shall be minimized and shall reflect the planting ratio limits developed by
EBMUD (a maximum of 25% of the landscape area shall be installed with
turf). Turf is expressly prohibited adjacent to the perimeter street frontages.
.
The project landscaping and irrigation working plans shall reflect the Town
of Danville's Water Conservation Guidelines in place as the time of approval
of the plans.
.
A pedestrian circulation plan shall be submitted as part of the project
landscape and irrigation working plans. The plan shall include section
details of the pathway system and a detailed pedestrian walkway lighting
plan.
D. ARCHITECTURE
* 1.
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.
,
All trash and refuse shall be contained within enclosures architecturally
compatible with the main structure(s). Enclosure design shall include six
(6) foot high masonry walls on three sides with steel framed gates and
wood bolted to the gates. Gates will be self-closing and self-latching.
.
A comprehensive sign program including directional signs shall be
submitted as a part of the Final Development Plan.
.
Final colors and materials selected shall be submitted for review and
approval by the Design Review Board.
.
Additional architectural details, including window trim, shall be provided on
elevations submitted with the Final Development Plan for review and
approval by the Design Review Board.
E.
PARKING/STREETS
.
All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
.
Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size including allowable overhang.
.
A total of 45 guest parking spaces are required. The Final Development
Plan shall indicate where additional guest spaces could be accommodated.
.
The internal loop roadway shall be 28 feet wide and no parking is permitted
on the roadway.
.
This development shall be responsible for an asphalt overlay on Center Way
subject to review and approval of the Engineering Division.
,
The auto courts shall have a minimum of 26 feet clear between garage
doors.
F.
GRADING
o
Any grading on adjacent properties will require written approval of those
property owners affected.
0
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 the
building. The engineering recommendations outlined in the project specific
soils report shall be incorporated into the design of this project.
.
The Tentative Map for this project shall indicate existing or proposed grades
on the adjacent sites to the south and west.
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O.
MISCELLANEOUS
.
A minimum of 10 percent (18) of the project units shall be made available
to families with "moderate" incomes, as established by the U.S. Department
of Housing and Community Development (HUD). Sale prices for these
units (or rental rates in the case the units are initially occupied as rental
units) shall not exceed the maximum price affordable to three- or four-
person households with 120% of the median income established for
Alameda and Contra Costa Counties. The maximum sale price shall be
based on the following assumed variables; 8% interest rate; maximum
monthly assignment of housing costs of 33% of gross monthly income; taxes
at 1.25% of the purchase price of the home; homeowner association dues
of $125.00/month and 30-year fixed rate mortgage.
.
A minimum of 5 percent (9) project units shall be made available to families
earning a maximum of 140% of the area's median income level as
established by the U.S. Deparunent of Housing and Community
Development (HUD). Sale prices for these units (or rental rates in the case
the units are initially occupied as rental units) shall not exceed the
maximum price affordable to three- or four-person households with 140%
of the median income established for Alameda and Contra Costa Counties.
The maximum sale price shall be based on the following assumed variables;
8% interest rate; maximum monthly assignment of housing costs of 33% of
gross monthly income; taxes at 1.25% of the purchase price of the home;
homeowner association dues of $125.00/month and 30-year fixed rate
mortgage.
.
In compliance with Condition G.1 above, the applicant shall develop an
agreement which restricts the maximum sale prices of the "moderate"
income units to the maximum sale prices cited above, allowing for annual
adjustments to reflect HUD's adjustments to the area median income. The
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
formal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval of the initial final map
for the project.
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.
In compliance with Condition G.3 above, the applicant shall develop an
agreement which restricts the maximum sale price of the 120-140% range
units to the maximum purchase prices cited above, allowing for annual
adjustments to reflect HUD's adjustments to the area median income. l~e
agreement shall specify the maximum qualifying income of buyers, regulate
terms of occupancy, resale or any other restrictions deemed necessary by
the Town to assure compliance with the intent of these conditions. The
focmal agreement between the developer and the Town shall be subject to
the review and approval of the City Attorney and the Chief of Planning and
shall be approved by Town Council prior to approval of the initial final map
for the project.
.
A deed restriction shall be recorded with the sale of each affordable unit in
this project (18 "moderate" income units and 9 "120-140%" income units).
The deed restrictions imposed, which shall be subject to separate review
and approval by the Town Council prior to recordation, shall serve to
require the affordable units developed in the project to continue to be
available to the corresponding income group for a minimum period of
twenty (20) years unless a shorter time frame is authorized at the time the
agreements called for in Conditions G.3 and G.4 are acted upon by the
Town. If an affordable unit is resold prior to the expiration of this time
frame, such unit shall be sold to another qualifying income family, as
calculated using the variable assumptions outlined in Conditions #1 and #2
above. The deed restriction imposed on the affordable units shall stipulate,
to the extent allowed by law, that the units shall be owner-occupied.
Enforcement of this condition, and Conditions G.3 through G.6 inclusive
shall not preclude the financial institution carrying the first mortgage papers
on the respective affordable units to resell the respective units at "fair
marker' value in the case of default on the mortgage.
.
The affordable units shall be interspersed throughout the project. The
general location of the affordable units shall be shown on an Affordable
Unit Designation Plan to be submitted with the Final Development Plan and
considered in conjunction with the agreement cited in Conditions G.3 and
G.4 above.
.
This site shall not be subject to provisions/requirements of any future
inclusionary housing ordinance adopted by the Town which may establish
requirements for the inclusion of affordable units and/or the payment of in-
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lieu fees. Should this approval not be exercised, this exemption shall not
apply to future, subsequent entitlements granted over the site.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday,
December 7, 1993, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RITCHEY, GREENBERG, DOYLE, SHIMANSKY, WALDO
NONE
NONE
NONE
APPROVED AS TO FORM:
/CITY ATT RN
kbreso
ATTEST:
CITY CLERK
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