HomeMy WebLinkAbout062-96RESOLUTION NO. 62-96
APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING A PRELIMINARY AND FINAL DEVELOPMENT
PLAN ALLOWING FOR A 19 LOT SINGLE FAMII,Y SUBDIVISION
(APN: 207-061-024) -- W.C.P. DEVELOPMENT COMPANY
WHEREAS, W.C.P. Development Company has requested approval of Preliminary
Development Plan - Rezoning, Final Development Plan and Major Subdivision requests to
rezone a 12.38+ acre site from A-2; General Agricultural District to P-I; Planned Unit
Development District and to subdivide the property to create 19 single family residential lots;
and
WltEREAS, the subject site is located on the south side of Camino Tassajara at 2410 Camino
Tassajara and is identified as Assessor's Parcel Number 207-061-024; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District requires approval
of a Preliminary Development Plan - Rezoning request prior to approval of a Final Development
Plan and Major Subdivision requests; and
WHEREAS, the Town's Subdivision Ordinance requires approval of a Major Subdivision -
Tentative Subdivision Map request prior to recordation of a Final Map; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
March 12, 1996; and subsequently adopted a resolution recommending the Town Council
approve the request; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WltEREAS, a staff report was submitted recommending that the Town Council approve the
request; and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project conditions of approval, no
significant environmental impacts are expected to be associated with the project; and
WlIEREAS, 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 that the Danville Town Council adopts a Mitigated Negative Declaration of
Environmental Significance and approves Preliminary Development Plan - Rezoning request
PUD 95-03 per the conditions contained herein, and makes the following findings in support of
PAGE 1 OF RESOLUTION NO. 62-96
this action:
.
The proposed Rezoning will substantially comply with the Town's 2005 General Plan,
and specific to the development criteria pertaining to the Sherbume Hills/Tassajara Lane
area will serve as a catalyst for further development and achievement of the goals for
bringing basic services into the sub-areao
.
The residential development authorized in the land use district is compatible with uses
authorized in adjacent districts.
.
Community need has been demonstrated for the use proposed and the off-site public
improvements which will be contributed to by this development.
o
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 proposed Planned Unit Development is in conformance with the Danville 2005
General Plan Goals and Policies and the Sycamore Valley Specific Plan.
.
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.
and, be it further
RESOLVED that the Danville Town Council approves the Final Development Plan - Major
Subdivision request SD 7960 per the conditions contained herein, and makes the following
findings in support of this action:
.
The proposed subdivision is in substantial conformance with the goals and policies of the
Danville 2005 General Plan.
.
The design of the proposed subdivision is in substantial conformance with the applicable
zoning regulations.
.
The design of the subdivision and the type of associated improvements will not likely
cause serious public health problems because water and sanitary facilities services will
be available to parcels created by this subdivision.
4. The density of the subdivision is physically suitable for the subdivision site.
5. The design of the subdivision and associated improvements are not likely to cause
PAGE 2 OF RESOLUTION NO. 62-96
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 subdivision and associated improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
.
The development will mitigate off-site traffic and drainage impacts through the assurance
of off-site improvements in a manner acceptable to the Town.
o
Project conditions will serve to mitigate potential environmental impacts identified in the
Mitigated Negative Declaration of Environmental Significance prepared for this project.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval. Conditions of approval typed in italicized text are mitigation
measures derived from the Mitigated Negative Declaration of Environmental Significance
prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to Town
Council approval of the initial final map for the project. Each item is subject to review
and approval by the Planning Division unless otherwise specified.
A. GENERAL
o
This approval is for a Preliminary Development Plan - Rezoning request
(PUD 95-03); a Final Development Plan request (DP 95-01) and a Major
Subdivision request (SD 7960), which jointly serve to fezone the subject
12.37+ acre property from A-2; General Agricultural District to P-1; Planned
Unit Development District and subdivide the property into 19 lot single
family parcels. Development shall be substantially as shown on the project
drawings as follows, except as may be modified by conditions contained
herein;
a.
Vesting Tentative Map - Preliminary & Final Development Plan,
labeled "Creek View" as prepared by dk Associates, dated received
by the Planning Division March 4, 1996.
b.
Preliminary landscape plan labeled "Creek View Preliminary
Planting Plan," as prepared by Gates & Associates, dated received by
the Planning Division on March 4, 1996.
PAGE 3 OF RESOLUTION NO. 62-96
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The applicant 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, and shall be
paid prior to issuance of said permit and prior to any Town Council final
approval action. Notice should be taken specifically of the Town's Sycamore
Valley Benefit District Fees, Child Care Facilities fees, Contra Costa County
Flood Control & Water Conservation District fees (Drainage Areas and
Mitigation), Plan Checking, and Inspection fees.
.
Prior to the recordation of the initial Final Map and issuance of grading or
building permits, the applicant shall submit written documentation that all
requirements of the San Ramon Valley Fire Protection District (SRVFPD) and
the San Ramon Valley Unified School District have been, or will be, met to
the satisfaction of these respective agencies. The SRVFPD's initial comments
on this project are summarized in part in their memorandum dated June 1,
1995.
.
Within ten days of the effective date of this approval, the applicant shall
submit to the Town of Danville a check payable to the Contra Costa County
Clerk in the amount of $25.00 required to file a Notice of Determination for
this project.
o
In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land alteration
work within 100 feet of the find shall be halted, 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. If
prehistoric archaeological deposits are discovered during development of
the site, local Native American organizations shall be consulted and involved
in making resource management decisions.
.
Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless
otherwise approved in writing by the City Engineer for general construction
activity and the Chief Building Official for building construction activity.
.
The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
PAGE 4 OF RESOLUTION NO. 62-96
B.
.
0
The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as work days. Dust-producing activities shall be
discontinued during high wind periods.
10~
If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; and phasing of project grading. The phasing plan shall be subject
to the review and approval of the City Engineer and Chief of Planning.
SITE PLANNING
.
All lighting shall be installed in such a manner that lighting is generally
down-directed and glare is directed away from surrounding properties and
rights-of-way.
.
The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be
located between any street and the front of a building.
.
Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and inspections
for this work shall be obtained.
.
The individual air conditioning condensers serving each unit in this project
shall be ground mounted, shall be located behind residential fencing and
shall be situated so as to maintain a minimum five foot clear and level
passage on side yards.
5. Lot sizes and lotting pattern shall be substantially consistent with those
PAGE 5 OF RESOLUTION NO. 62-96
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10.
11.
shown on the Preliminary Development Plan - Rezoning referenced in
Condition #A.l.a. above, except as may be modified in the following
conditions.
Lots created by this development (with the exception of Lots 8, 9 and 19)
shall be developed in a manner consistent with the Town's R-7; Single
Family Residential District standards and Ordinance No. 43-84, Single Family
Residential Districts.
Lot setbacks for the duet units (i.e. Lots 8 and 9) shall be as generally
shown as depicted on the approved tentative map.
Development criteria and allowable uses for Lot 19 shall be governed by the
standards set forth under the Town's R-100; Single Family Residential
District.
Each dwelling unit shall have a minimum of two vehicle parking spaces
located in a garage and two additional on site spaces (each space to be a
minimum size of 9' x 19') contained within a driveway. All garage doors
shall be sectional and operated by an automatic garage door opener.
A Scenic Easement shall be established on Lot 19 as depicted on project
drawings referenced in Condition #A.l.a above. The purpose of the
easement is to restrict the installation of urban landscaping, fencing and
structures within the slope areas above and below the development area
proposed for Lot 19. All fences within the scenic easement shall be wire
mesh. It is anticipated that a barn or similar agricultural structure(s)
will be requested within the scenic easement and shall be subject to
Planning Commission approval of a Development Plan. Planning staff
may refer such a proposal to the Design Review Board for consideration
and action, if deemed necessary.
The scenic easement located on Lot 19 shall be expanded to prevent
development in the southwest corner of the parcel. The area located
southwest of the 546 foot contour line, and 175+ feet from the west
property line shall be included in the scenic easement area. This revision
is subject to review and approval by the Planning Division prior to
approval of the Final Map (see Attachment G included in the May 7, 1996
Town Council staff report for this projecO. A deed restriction shall be
recorded for Lot 19 that prohibits further subdivision of the Parcel.
PAGE 6 OF RESOLUTION NO. 62-96
C. LANDSCAPING
* 1.
Final landscape and irrigation plans (with planting shown at 1"= 20' scale)
shall be submitted for review and approval by the Design Review Board.
The plan shall include common names of all plant materials and shall
indicate the size that various plant materials will achieve within a five year
period of time.
.
All plant material shall be served by automatic irrigation system and
maintained in a healthy growing condition. Irrigation shall comply with
Town of Danville Landscape Ordinance #91~14 and shall be designed to
avoid runoff and overspray.
3~
All trees shall be a minimum of 15 gallon container size. All trees shall be
properly staked. Shrubs used in the project, which are not used as ground
cover, shall be a minimum of five gallons in size.
.
All attempts shall be made to preserve trees identified as #490, #493 and
#496 in the HortScience, Inc. arborist report dated April 26, 1995. In
efforts to preserve trees identified as #490 and #493, it may be necessary
to modify the design of "C" Court subject to the review and approval of the
Planning Division.
5~
The tree preservation guidelines established in the tree survey/arborist
report performed for this site (2410 Camino Tassajara, prepared by
HortScience and dated April 26, 1995) shall be incorporated into the
detailed site development plans. The tree-specific preservation guidelines
for those existing protected trees to be retained within the project shall be
incorporated into the final design and construction of the project.
6.
A certified arborist shall review the detailed site developmentplansprior
to commencement of any construction activity. A written report from the
arborist shall be prepared and submitted to the Town addressing the
adequacy of the plans relative to the incorporation of identified tree-
specific preservation guidelines. Removal of any trees within the creek
area will be allowed only upon prior written approval from the Planning
Department. Small, selective, significant trees identified in the arborist's
report shall be saved and transplanted within the project, to the extent
feasible.
7.
As a guarantee of the preservation of the three protected Valley Oak trees
(identified in the HortScience Arborist Report) which are to be retained
PAGE 7 OF RESOLUTION NO. 62-96
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10.
11.
12.
13.
on Lot 19, a cash deposit (or other security acceptable to the Chief of
Planning) shall be posted on a per tree basis as required by the Town's
Tree Protection Ordinance (Ord. No. 138). The Town shall retain the
deposit for the period of two full growing seasons after site development
activity and return it upon verification of the trees' continued good
health.
In compliance with the Town's landscape guidelines, proposed common
maintenance lawn areas within the project shall not exceed a maximum of
25 percent of proposed common landscaped areas.
A minimum of two street trees per lot (three for corner lots) shall be
incorporated into the final landscape and irrigation plan for the project. All
street trees shall be a minimum 15 gallon size. The species of trees utilized
shall be subject to review and approval by the Planning Division.
Final landscape plans shall include details and specifications of the
architectural soundwall to be installed along the Camino Tassajara frontage.
The soundwall shall be a private facility, with maintenance responsibility
lying with the private homeowners association. Installation of the soundwall
and landscaping along the Camino Tassajara frontage shall be completed
prior to occupancy of any units.
A mechanism acceptable to the Town shall be established to provide for the
common maintenance of the open space/landscape area along Sycamore
Creek.
The developer shall develop a minimum of three landscape alternatives for
front yard landscaping. The landscape alternatives shall be submitted for
review and approval by the Town's Design Review Board prior to issuance
of building permits for the project. Home buyers shall have the option of
purchasing a landscape alternative of their choice to be installed by the
developer. If a landscape scheme is not purchased and installed by the
developer, street trees shall be installed by the developer as required. All
front yard landscaping shall be installed within six months of completion of
the unit or within six months of occupancy by the homeowner, whichever
comes first. The CC&Rs for the project shall be modified to reflect this
condition and shall be submitted for review and approval by the Town prior
to issuance of building permits.
Shrubs not used as ground cover shall be a minimum of 5 gallons is size.
All landscaped areas not covered by shrubs and trees shall be planted
PAGE 8 OF RESOLUTION NO. 62-96
14.
15.
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with live ground cover~
The developer shall be responsible for the installation of a water meter to
serve the landscape area along Camino Tassajara unless it is determined, to
the Town's satisfaction, that existing irrigation lines can be extended to serve
this area.
Landscaping along Camino Tassajara shall conform to the Camino Tassajara
Streetscape Standards, which require provision of a architectural sound wall
and a six foot wide meandering concrete paved pathway. The design of the
improvements shall be subject to review and approval of the City Engineer.
Landscaping located on the north side of the creek adjacent to the public
trail (including the area located between the east property line of Lot 18 and
the private driveway serving Lot 19) shall be maintained by the project
Homeowner's Association.
O.
:g
ARCHITECTURE
.
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 structures.
.
The street numbers for each residence in the project shall be posted so as
to be easily seen from the street at all times, day and night.
.
A Final Development Plan application shall be submitted addressing project
architecture, details, samples of materials, and the proposed color pallet.
The Development Plan is subject to the review and approval of the Planning
Commission. This submittal shall be subject to review and approval by the
Design Review Board prior to issuance of building permits for the project.
A minimum of three different units, each with a minimum of two elevation
types, shall be developed for the project.
.
If signing for the development is desired, in addition to any signs approved
as part of this application, a comprehensive sign program shall be submitted
to the Town for consideration under a separate application.
.
No building or structure shall exceed two stories or 28 feet in height,
measured from average finished grade to the ridge beam. However,
uninhabitable minor architectural features such as dormers, towers and
PAGE 9 OF RESOLUTION NO. 62-96
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Z
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chimneys may be constructed as high as thirty five feet, measured from
average grade. No major tootines shall exceed 28 feet measured from
average grade.
Building elevations shall be tapered or stepped so that no two stow
elevations occur at the minimum primary front yard setback. This
requirement is intended to reduce the visual mass of the structure, further
enhance separation between buildings, and create a more open and
comfortable streetscape setting. Rear elevations which abut, or are oriented
towards streets shall receive special design treatment to soften visual
appearance.
Lot 19 is located within a Town-identified Scenic Hillside Area.
Development of the lot, including landscaping, is subject to a separate,
subsequent Development Plan application that is subject to review and
approval by the Design Review Board and the Planning Commission. The
general pad height and location shall be consistent with the project
drawing referenced in Condition #A. 1. a above. The maximum height of
the residence shall not exceed twenty-four feet above average finished
grade and shall be a true single story in design. During review of the
Development Plan for the residence, the Town will consider the need for
a landscape berm that may be necessary to be developed with the overall
grading and landscape design to reduce visual impacts of the structure
as viewed from offsite areas. Mitigation measures necessary to address
off-site visual impacts associated with the subject residence shall be
subject to review and approval by the Design Review Board.
Project fencing shall be installed by the developer and is subject to review
and approval of the Design Review Board prior to issuance of building
permits. Fences shall not exceed a height of six feet, however, this
entitlement allows fencing on the east property line of Lots 4-9 to be a
maximum of 7.5 feet in height to provide screening of the adjacent land use.
Any fence, hedge or wall located within the required minimum primary or
secondary front yard areas shall not exceed 42 inches in height as measured
from the adjacent curb elevation. All parcels abutting the Sycamore Creek
shall utilize a consistent fencing design. Maintenance of that section offence
shall become the responsibility of the individual property owners of Lots 1-
3, 17 and 18.
The existing grade of the adjacent property to the east of the subject site
(APN: 207-061-020 - Sherman) has a higher grade level than the subject
property. For that portion of the shared property boundary for Lots 6-9
PAGE 10 OF RESOLUTION NO. 62-96
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and the Sherman property, the developer of the subject site shall pursue
rights to extend the existing grade on the Sherman property to the joint
property line where a project fence is to be constructed and/or install off-
site landscape treatment on the Sherman property. The intent of this design
is to provide more effective screening of the Sherman property from the
subject project and mitigate problems associated with differential pad
elevations.
10.
The developer shall install fencing on the boundary of the trail easement
located on Lot 19 when the trail is constructed. The fence design and
location are subject to prior approval by the Planning Division.
CREEK IMPROVEMENTS
lo
The developer has completed an update to a previously completed flood
study (the update, titled "Creekview Sycamore Creek Study" was prepared
by RMR Design Group is and dated June 27, 1995). The developer shall
document that the design of the proposed improvements meet the
requirements of the flood studies to the satisfaction of the City Engineer and
the Contra Costa County Flood Control and Water Conservation District,
Department of Fish & Game and the Regional Water Quality Control Board
prior to submittal of a Final Subdivision Map.
2~
The natural character of Sycamore Creek shall be preserved and enhanced
for its habitat value and as a recreation and visual amenity. The proposed
creek improvements shall be subject to the satisfaction of the Town's Creek
Committee, City Engineer, the Contra Costa County Flood Control and
Water Conservation District, Department of Fish & Game and the Regional
Water Quality Control Board prior to the recordation of the initial submittal
of a Final Map for the project. Where drainage improvements are necessary
along Sycamore Creek, they shall be designed to enhance the natural
appearance of the creek. If rip-rapping is required, it shall utilize large,
ungrouted rocks that permit ingrowth of grasses and other vegetation.
Landscaping shall be installed along the banks of Sycamore Creek to
enhance the appearance of this topographical feature.
.
Sycamore Valley Creek improvements, structure setbacks and right-of-way
dedications and access provisions shall conform to recommendations of the
Contra Costa County Flood Control and Water Conservation District and any
deviations therefrom authorized by the City Engineer. Prior to approval of
a Tentative Map, specific written conditions from the Flood Control District
shall be obtained.
PAGE 11 OF RESOLUTION NO. 62-96
Fo
4.
Disturbed slope areas along the creek (disturbed for lot or road
development or for creek improvements) shall receive an upgraded
hydroseeding with heavy planting of native vegetation and trees.
CREEK ENVIRONMENTAL MITIGATION
.
Sycamore Valley Creek shall be improved to handle the expected water
volume for the 100 year flood. Unless modifications are required by the
Town, the Contra Costa County Flood Control and Water Conservation
District, or the State Department of Fish and Game, channel improvements
shall be substantially as shown on the Flood Study prepared by Parsons,
Rourke and Walker dated received February 16, 1990, and the "Creekview
Sycamore Creek Study" prepared by RMR Design Group and dated June 27,
1995. Although these plans substantially meet the requirements of the
Flood Control District, they are subject to moderate to extensive
refinement/modification to make the design of the proposed creek
improvements satisfactory to the Planning Division, the Flood Control
District, the Department of Fish and Game, the Corps of Engineers, the
Regional Water Quality Board as the need arises during the course of
producing final working plans for the project.
.
A certified Arborist approved by the Town shall be retained by the Town at
the developers expense to serve as the "Project Arborist." In addition, a
Landscape Architect with demonstrated expertise in riparian re-vegetation
shall be retained by the Town at the developer's expense to serve as "Project
Landscape Architect." The project arborist and project Landscape Architect
shall carry out the tasks as required by the following conditions. In
accordance with the Town's Finance Department adopted procedures, the
Town will collect fees to cover the cost from the developer and deposit it
into a designated account. The Town will then disperse payment to the
arborist in accordance with the contract.
.
No work within the bed or banks of the creek shall occur until a streambed
alteration agreement is executed with the Department of Fish and Game,
and necessary permits are secured from the Army Corps of Engineers and
the Regional Water Quality Control Board. Requirements by the
Department of Fish and Game shall be noted or graphically depicted on the
construction plans.
4.
Prior to approval of final creek Improvement Plans or the Final Map, a
re-vegetation plan for tiao crook shall be submitted for review and
PAGE 12 OF RESOLUTION NO. 62-96
O.
approval by the Creeks Committee, Planning Division and the Project
Landscape Architect, and documentation shall be provided that the plan
has been reviewed and approved by the Department of Fish and Game.
The goal of the plan shall be to re-establish mature creek vegetation
within a period of three years.
The re-vegetation plan shall be evaluated as part of the project
Improvement Plans and a cash or other security acceptable to the Chief
of Planning in the amount of one-half the value of the re-vegetation shall
be deposited with the Town guaranteeing at least a 50 percent survival
rate of the new vegetation. The deposit may be returned after the period
of two years upon the verification of the health of the new vegetation. The
Project Landscape Architect shall be on-site during the re-vegetation and
the plans shall be subject to modification by the Town or the Landscape
Architect as field conditions dictate. If determined necessary, a drip
irrigation system shall be utilized until the vegetation is established.
o
Timing of all creek improvements shall be subject to approval by the Town,
the Contra Costa County Flood and Water Conservation District, Department
of Fish and Game, California Regional Quality Board and the Project
Arborist. In general, all improvements should be completed between April
15 and October 15.
6~
The creek channel, including setbacks as required, shall be offered for
dedication in fee title to the Contra Costa County Flood Control and Water
Conservation District.
.
All improvements within the creek channel shall be consistent with the
Town's Creek Development Standards and Guidelines.
o
The developer shall comply with all requirements of the Regional Water
Quality Control Board, as indicated in their October 16, 1995 letter
pertaining to this project.
PUBLIC TRAIL
.
A paved maintenance road/creek trail system shall be developed on the
north side of the creek as a part of this project. The paved maintenance
road/creek trail shall be constructed subject to the width standards of the
Contra Costa County Flood Control and Water Conservation District
standards. There shall be no through access for maintenance vehicles or
public trail use to the existing asphalt maintenance road located on the
PAGE 13 OF RESOLUTION NO. 62-96
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north side of Sycamore Creek at the adjacent "Brookview" subdivision (SD
6699), unless said access is subsequently authorized by actions of the
Brookview HOA and/or the Town of Danville.
A future trail will be constructed by the Town of Danville within the existing
Public Trails Easement located on the south side of the creek in the
Brookview Subdivision (SD 6699) to the west. The developer for the
subject subdivision shall dedicate and develop a trail to provide a
connection from the Town-installed trail on SD 6699 to the bridge providing
access to Lot 19. The public trail section leading west from the bridge on
Lot 19 approximately 100 feet to the west shall be of asphaltic material and
shall be six feet in width with a one foot wide gravel shoulder provided on
each side of the trail. This section of the trail shall be handicap accessible
and shall include a bench (or benches) for public use at the western
terminus of the trail.
The trail section leading from the handicap accessible section shall
transition to a six foot wide crushed granite trail. The trail shall maintain
an average six feet width, however, sections may be reduced to a four foot
width due to topographical and grading considerations subject to review
and approval by the Planning Division. This section of trail shall conform
to the final design for the Town-installed trail located on SD 6699. The
location of the trail easement on Lot 19 is not approved as proposed. The
trail easement south of the creek shall be modified to match the structural
setback line on the Tentative Map, or shall be expanded to a 35 foot width
from the north property line (whichever is greater) running from the creek
to a point aligned with the existing southeast trail easement boundary line
located on SD 6699.
A public trail access easement shall be included on the Final Map that allows
public access from the public right of way at the bulb for "A" Drive over the
bridge to the south side of Sycamore Creek, and including the revised trail
easement as indicated above that connects to the existing trail easement
located on SD 6699.
The trail easement located on Lot 19 shall be extended south of the road
serving Lot 19 to the Fernandez property (APN: 207-061-015). The trail
easement shall be 25 feet in width and shall be located adjacent to the creek
top of bank. The final location of the trail easement is subject to the review
and approval of the Planning Division prior Final Map approval.
All trail improvements located on Lot 19 and the bridge providing access to
PAGE 14 OF RESOLUTION NO. 62-96
Lot 19 shall be constructed with the first phase of the subdivision.
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The developer is responsible for installation and maintenance of the trail
system and all related design amenities as set forth hereunder. The
developer shall notify the Town of the date of completion of construction
of the trail system and related design amenities. Within six months of such
date of completion, the Town shall, if the construction conforms to its
specifications, accept the trail system and related design amenities as
constructed° The developer shall remain responsible for the maintenance
of the system and related design amenities for one year from the date of
completion of construction. After such one year maintenance period has
expired, the Town of Danville (or other public agency as may be assigned
by the Town) will accept maintenance responsibility for this portion of the
creek trails system.
H. GRADING
* 1.
Any grading on adjacent properties will require prior written approval of
those property owners affected.
.
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, to the homeowner associations of
nearby residential projects and to the Town of Danville Development
Services Department, a notice that construction work will commence. The
notice 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 names of individuals responsible for dust, noise and
litter control shall be expressly identified in the notice.
.
Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall
include specific recommendations for foundation design of the proposed
buildings and shall be subject to review and approval by the Town's
Engineering and Planning Divisions.
.
Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
PAGE 15 OF RESOLUTION NO. 62-96
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
5~
All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October) and, if
construction does occur during the rainy season, the use of sediment traps
and other devices to minimize erosion.
0
All new development shall be consistera with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
o
All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement°
.
Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
.
If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials. Runoff from any
contaminated soil shall not be allowed to enter Sycamore Creek.
10.
All grading activity shall address National Poilutam Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed. A NPDES construction permit may be required, as
determined by the City Engineer.
11.
Grading and land preparation shall be restricted to the period of April 15
to October 15 to minimize erosion and depositing of sediments, except as
may be authorized in writing by the City Engineer. All exposed erodible
slopes resulting from grading activities shall be hydromulched or otherwise
stabilized by the developer by October 15 of each year.
PAGE 16 OF RESOLUTION NO. 62-96
Io
$
$
$
STREETS
.
The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
,
Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs which may be
required to be installed shall be subject to review and approval by the
Transportation Division and the Police Department.
.
All mud or dirt carried off the construction site onto adjacent streets shall
be swept or water-flushed each day.
.
Any damage to 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 applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
.
All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in accordance
with approved standards and/or plans and shall comply with the standard
plans and specifications of the Development Services Department and
Chapters XII and XXXI of the Town Code. At the time project improvement
plans are submitted, the applicant shall supply to the City Engineer an
up-to-date title report for the subject property.
0
Handicapped ramps shall be provided and located as required by the City
Engineer.
.
Public streets shall be improved to the standards in #H.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be substantially as shown on the
project plans identified in Condition #A. 1. above and shall conform to
Town of Danville Standard Plan 104 a & b.
.
A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action.
9. This dcvclopment shall be responsible to contribute a minimum of $210,000
PAGE 17 OF RESOLUTION NO. 62-96
towards common-benefit improvements benefiting the Tassajara Lane area
(said improvements being those listed in the Planning Commission report
dated March 12, 1996, for this item). Preliminary cost estimates indicate
that creek improvements within the boundaries of the subject property will
be $125,000+, with related creek improvement fees being $35,000+. The
balance of the project's obligations towards common-benefit improvements
(i.e., $50,000+__) shall be allocated towards the planned future traffic signal
at the intersection of Tassajara Lane and Camino Tassajara. If the actual
cost of common-benefit creek improvements located on the Walton property
are different than estimated, the difference shall be applied as an adjustment
to the project's contribution to the design and construction of the traffic
signal. Fees allocated towards the design and construction of a traffic signal
at Camino Tassajara and Tassajara Lane shall be paid to the Town prior to
the recordation of the initial Final Map for this project. The final amount
of fees to be allocated to the traffic signal are subject to the review and
approval of the City Engineer and the Chief of Planning. Formation of a Fee
Benefit District, or any other form of a reimbursement agreement for the
common-benefit improvements, requires approval by the Town Council.
10.
The bridge providing access to Lot 19 shall be a minimum width of 12 feet.
The bridge and its abutments shall be designed so as to readily
accommodate the installation of an additional (i.e. parallel) abutting 12 foot
wide bridge to provide an ultimate bridge width (i.e., 24+ feet) necessary
to provide access to potential development located east of Lot 19. The
bridge shall be designed in accordance with all requirements of the San
Ramon Valley Fire Protection District, the Contra Costa County Flood
Control and Water Conservation District, the Army Corps of Engineers, the
Department of Fish and Game and the Regional Water Quality Control
Board. The bridge design is subject to the review and approval of the
Planning Commission prior to approval of the Final Map.
11.
When adjacent properties to the east develop, future access to the subject
subdivision will be provided via Tassajara Lane. When such access is
provided via Tassajara Lane, the temporary access to Camino Tassajara shall
be eliminated. The developer shall provide a cash deposit of 125% of the
City Engineer's estimated cost of removal of the temporary access to
Camino Tassajara, installation of a soundwall and associated landscaping,
curb, gutter and sidewalk. The cash deposit shall be retained by the Town
and shall be allocated towards the completion of the work described above.
12.
A stop sign shall be installed at the intersection of Camino Tassajara and the
temporaw access ("C" Street). A "Right Turn Only" sign shall be installed
PAGE 18 OF RESOLUTION NO. 62-96
in the Camino Tassajara landscape median opposite the temporary entrance
to the subdivision subject to the review and approval of the City Engineer.
13.
The developer shall install a temporary asphalt curb treatment at the east
end of "A" Drive to provide a more finished appearance and ease of
maintenance for street cleaning purposes subject to the review and approval
of the City Engineer.
14.
The terminus of "B" Court shall be "pulled" back to provide a 10 foot
minimum width landscape buffer zone for Lot 86 of SD 6699. The
developer shall install landscaping in this area and the landscape area shall
be appropriately allocated to Lots 16 and 17 subject to the review and
approval of the Planning Division prior to Final Map approval.
J. INFRASTRUCTURE
o
Domestic water supply shall be from an existing public water system. Water
supply service shall be from the East Bay Municipal Utility District (EBMUD)
water system in accordance with the requirements of EBMUD.
,
All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
(CCCSD) sewer system in accordance with the requirements of CCCSD.
.
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 and Water Conservation District.
.
All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control and Water Conservation District, the Department of Fish & Game,
the Department of Fish and Game, the Army Corps of Engineers and the
Regional Water Quality Control Board codes and policies.
o
All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage system shall be required to
complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
PAGE 19 OF RESOLUTION NO. 62-96
.
Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
.
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 applicant 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.
10.
Electrical, gas, telephone, and Cable TV services, shall be provided
underground in accordance with the Town 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.
11.
All new utilities required to serve the development shall be installed
underground.
12.
All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
13.
A Storm Water Pollution Prevention Plan (SWPPP) shall be prepared as part
of the preparation of project improvement plans to assure prevention of
construction related silt and pollutants from leaving the site and polluting
the downstream water courses. The SWPPP shall supplement the erosion
control plan prepared for the project.
14.
The developer shall mitigate the impact of additional stormwater runoff
from this development on the San Ramon Creek watershed by either of the
following methods:
a.
Removing 1 cubic yard of channel excavation materiM 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 off-site by
the developer at his cost. The site selection, land rights, and
construction staking will be determined by the Flood Control District.
PAGE 20 OF RESOLUTION NO. 62-96
OR, AT THE OPTION OF THE DEVELOPER,
bo
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.
16.
Abutter's rights of access along the project's Camino Tassajara frontage,
except for the approved temporary access, shall be relinquished to the
Town. The relinquishment shall include the right of way returns of the
intersection areas.
17.
The developer shall be responsible for the installation of street light
standards and luminaries with the design, spacing height, lighting intensity
and locations subject to approval by the City Engineer. Low height light
standards may be utilized if deemed acceptable by the City Engineer and the
Chief of Planning.
18.
All structures shall be removed from the site prior to recordation of the
initial Final Map.
K. MISCELLANEOUS
.
The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff.
.
Sycamore Creek improvements and structure setbacks shall conform to
recommendations of the Contra Costa County Flood Control and Water
Conservation District, Planning Commission, and Creeks Committee and any
deviations therefrom authorized by the City Engineer.
.
Public Improvement plans shall be prepared by a Registered Civil Engineer
for all street, drainage and creek work. These plans are subject to the
approval by the City Engineer. The improvement plans for the entire
subdivision shall be required as part of the first phase.
.
Project specific covenants, conditions and restrictions (CC&R's) shall
address the responsibility for ongoing maintenance of private roadways,
PAGE 21 OF RESOLUTION NO. 62-96
private bridge, project soundwall, common ownership fences, private
drainage systems, and other common open space areas and facilities. Draft
project CC&R's shall be subject to the review and approval of the City
Attorney prior to the recordation of the initial Final Map for this project.
The Town 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 o
o
All improvements and landscaping within public right of ways maintained
by the Town of Danville shall be incorporated into Zone B of the
Landscaping and Lighting District and shall be designed and constructed to
the Town of Danville standards and shall be subject to review and approval
by the Parks Maintenance Division°
.
The developer of the project shall provide deed notification to all
purchasers that a public Open Space/Trail will be established in the project.
The project CC&Rs developed for the project shall also provide notification
to future residents of this situation.
.
The project drawings cited in Condition #A.l.a. above depict a reserve for
an exclusive sewer easement for Contra Costa County Central Sanitation
District. An additional 10 foot Public Utility Easement shall be provided so
utilities installed in "A" Court may be extended, in the future, to properties
southwest of this subdivision.
8.
At the time of recordation of the initial Final Map for the project, the
project developer shall pay to the Town of Danville, the Sycamore Valley
Benefit District fee.
o
Use of a private gated entrance for any portion of the project is expressly
prohibited.
10.
The location, design and number of gang mail box structures serving the
project shall be subject to review and approval by the Planning Division and
the local Postmaster.
11.
All existing wells and septic tanks and leach fields located on the property
shall be removed per the requirements of the Contra Costa County Health
Services Department. The future property owners of the subject subdivision
shall receive a disclosure indicating the ultimate closure of the temporary
access road at Camino Tassajara, the conditions whereby this subdivision
will be provided access to Tassajara Lane when properties to the east
PAGE 22 OF RESOLUTION NO. 62-96
develop, and disclosure of future development opportunities to the south
which may be accessed over the bridge serving Lot 19 and the project's
public road network.
12.
This project will be responsible for the provision of two units which shall
be made available to a three or four persons households with "moderate"
income, as established by the State Department of Housing and Community
Development (HCD) and the United States Department of Housing and
Community Development (HUD). Sales price of this unit shall not exceed
the maximum price affordable to a three-person or four-person household,
as applicable, with 110% of the median income established for Contra Costa
and Alameda Counties. The maximum sales price shall be based on the
following assumed variables; 7.00 % 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's association dues of
$125.00/month; and 30-year fixed rate mortgage. The maximum sales
prices shall be tiered to the down payment made by the qualifying
purchaser, as follows:
% Down payment
Three-person
household
Four-person
household
5% down payment
$198,950 $222,980
10% down payment
$208,360 $233,535
15% down payment
$218,710 $245,130
20% down payment
$230,140 $257,950
The maximum sales price may be adjusted based on annual upward
adjustments to the area median income, as published by HCD and HUD.
The developer shall enter into a formal agreement with the Town which
specifies the maximum income of the buyers, regulates the terms of
occupancy, resale or any other restriction deemed necessary to assure the
continued affordibility of the units to moderate income households. This
agreement shall be subject to approval by the Town Council prior to
recordation of the Final Map for the project.
PAGE 23 OF RESOLUTION NO. 62-96
13.
An alternate method of maintaining common facilities (i.e. soundwall,
creekside landscaping, etc.) is subject to the review and approval of the
Chief of Planning and the City Engineer prior to Final Map approval.
APPROVED by the Danville Town Council at a Regular Meeting held on May 7, 1996 by
the following vote:
AYES: Greenberg,
NOES: None
ABSENT: None
ABSTAINED: None
Shimansky, Arnerich,
Doyle, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
adpz39
PAGE 24 OF RESOLUTION NO. 62-96