HomeMy WebLinkAbout091-2013RESOLUTION NO. 91-2013
APPROVING PRELIMINARY DEVELOPMENT PLAN - REZONING REQUEST
LEG13 -01 (PUD) FOR THE NORTHERLY SEVEN ACRE PORTION OF THE 16.65+/ -
ACRE ARMAND BOREL TRUST PROPERTY ESTABLISHING FINDINGS AND
CONDITIONS OF APPROVAL FOR LEG13 -01 (PUD) AND ESTABLISHING
DEVELOPMENT STANDARDS TO BE OBSERVED BY ANY SUBSEQUENT FINAL
DEVELOPMENT PLAN REQUEST THAT PURSUES AUTHORIZATION TO
DEVELOP THE ARMAND BOREL TRUST PROPERTY
(APN: 218 - 090 -031- 3020 Fostoria Way)
SECTION 1. LEGISLATIVE INTENT
WHEREAS, the Danville 2030 General Plan (2030 Plan), as adopted on March 19, 2013,
provides, in part, direction on the Town's development review process and its long -
range planning activities, with the goals, policies, and implementation measures
contained in the 2030 Plan guiding the decision - making related to those functions; and
WHEREAS, as required by State law, all elements of the 2030 Plan must be internally
consistent, with goals, policies, and implementation measures structured to not conflict
irreconcilably with one another; and
WHEREAS, future development within the Town must conform to the 2030 Plan and
related development regulations, with each discretionary action on a development
proposal required to be accompanied by a finding of general plan conformity and a
citation of the relevant policies in the General Plan which are the basis for action; and
WHEREAS, the 2030 Plan changed the land use designations for the northerly seven
acres of the 16.65 + /- Armand Borel Trust Property (commonly known as APN 218 -090-
031 and further identified as 3020 Fostoria Way) from a combination of Residential -
Single Family - Medium Density (3 -5 units /acre) and Commercial - Specialized
Commercial to a mixture of Residential - Multifamily - High /Medium Density (20 -25
units per acre) and Residential - Multifamily - High Density (25 -30 units per acre); and
WHEREAS, the portion of the 7.0 acres changed to the designation Residential -
Multifamily - High /Medium Density (20 -25 units per acre) is the northerly 200 + /- foot
portion of the property, although the precise demarcation boundary between the
Residential - Multifamily - High/ Medium Density (20 -25 units per acre) and Residential
- Multifamily - High Density (25 -30 units per acre) uses will be set through the approval
of the initial Final Development Plan request authorizing multifamily use on some
portion of the 7.0 acre property; and
WHEREAS, a P -1; Planned Unit Development zoning district may be used to classify
and implement any land use designation where the uses authorized in the P -1; Planned
PAGE 1 OF RESOLUTION 91 -2013
Unit District are found to be consistent with pertinent General Plan land use
designations and with applicable goals and policies of the General Plan; and
WHEREAS, a P -1; Planned Unit Development zoning district may also be used as an
interim zoning district to achieve consistency with the General Plan land use
designations until such time, if ever, that a separate and subsequent developer- initiated
Preliminary Development Plan - Rezoning request is submitted and approved; and
WHEREAS, the Environmental Impact Report prepared for the 2030 Plan (the General
Plan EIR) was a Program EIR which evaluated the general impacts arising from the
adoption and implementation of the 2030 Plan, rather than site - specific or development
proposal- specific impacts as provided for by CEQA Guidelines Section 15168(a); and
WHEREAS, the General Plan EIR's evaluation of the general impacts arising from the
adoption of the 2030 Plan provides sufficient and adequate environmental review for
the potential environmental impacts that can be reasonably anticipated to arise as a
result of the approval of Preliminary Development Plan - Rezoning request LEG13 -01
(PUD), while site - specific impacts will be assessed upon submittal of a Final
Development Plan request to develop the property with multifamily residential use;
and
WHEREAS, to assure that a desirable and appropriately integrated development plan is
secured for the multifamily residential portion of the Armand Borel Trust Property, it is
appropriate to establish development criteria and standards through LEG13 -01 (PUD),
including, but not limited to establishing supplemental submittal requirements for any
subsequently filed Final Development Plan request proposing multifamily use of the
property, requiring the Plan to assess and address: potential visual impacts to a
designated scenic route, potential traffic impacts, potential impacts to protected trees,
potential impacts to biological resources, potential stormwater impacts, potential
impacts associated with the property's soil and geotechnical characteristics, potential
noise impacts, and potential air quality issues; and
WHEREAS, the Planning Commission did review and recommend the Town Council
approve the project at a noticed public hearing on October 8, 2013; and
WHEREAS, the Danville Town Council did review the project at a noticed public
hearing on November 5, 2013; and
WHEREAS, the public notice of this action was given as required by law; and
WHEREAS, a staff report was submitted recommending that the Danville Town
Council approve the request; and
PAGE 2 OF RESOLUTION 91 -2013
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 that the Town Council approves Preliminary Development Plan -
Rezoning request LEG13 -01 (PUD), per the conditions herein, and makes the following
findings in support of this action:
SECTION 2 . FINDINGS OF APPROVAL - LEG13 -01 (PUD)
1. It is reasonable to assume approval of LEG13 -01 (PUD) will be followed closely
in time by the submittal and approval of a Final Development Plan request that
will provide for the final planning entitlement necessary to allow development of
the Armand Borel Trust Property.
2. The proposed P -1 zoning is consistent with the Danville 2030 General Plan and,
of particular note, is consistent with the following policies from the 2030 Plan
and the Danville 2007 -2014 Housing Element, a component element of the 2030
Plan:
a. Policy 1.03 - Recognize the need for suitably located housing, civic
facilities, and services for all age groups within the community.
b. Policy 1.09 - In areas where different land uses abut one another, mitigate
potential negative impacts through buffering techniques such as
landscaping, setbacks, and screening. Similar methods also may be used
between higher- density residential uses and less dense residential uses
nearby.
C. Policy 1.09 - Accept General Plan amendment applications or
development applications for lands under Agricultural Preserve Contract
only after a Notice of Non - renewal has been filed.
d. Policy 2.08 - Protect the visual qualities of designated scenic routes by
reviewing proposed projects with respect to their visual impacts.
e. Policy 3.07 - Where appropriate, encourage the use of shared circulation
and parking.
f. Goal 5 Housing - Protect the quality of Danville's residential
neighborhoods while providing opportunities for new housing that meets
community needs.
g. Policy 7.10 - Consistent with the Housing Element of the General Plan,
continue to expand housing opportunities for all income groups. As
required by County Measure J, the Town will biannually report to the
PAGE 3 OF RESOLUTION 91 -2013
CCTA on its progress in providing housing opportunities, and its efforts
to reduce the impacts of such housing on the transportation system.
h. Policy 14.02 - Require site - specific traffic studies for development that is
likely to generate significant volumes of traffic. If such studies indicate
that the development could cause the Town's transportation standards to
be exceeded, require modifications to the project and /or impose
transportation improvements requirements which ensure that level of
service standards are maintained.
Policy 27.02 - Require acoustical studies for major residential and other
development projects, as appropriate, and impose noise mitigation
measures accordingly.
j. Policy 27.11 - Ensure that the design of new development near major noise
sources (such as Interstate 680) reduces the potential for future occupants
to be exposed to high levels of noise. Development on such properties
should incorporate appropriate noise mitigation measures.
k. Policy 33.02 - Encourage reductions is the number of residents commuting
in and out of Danville by car. This can be achieved in part by providing a
better balance between jobs and housing, and providing housing which is
responsive to the types of jobs that exist in Danville.
1. Policy 34.02 - Consider air pollution impacts during the local
Development Review process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants.
M. Policy 34.04 - Consistent with CEQA and the measures necessary to
mitigate General Plan impacts, require site - specific air quality studies for
future development under the Plan that includes sensitive receptors (such
as schools, hospitals, daycare centers, or retirement homes) located within
a designated buffer area along Interstate 680.
n. Policy 34.06 - Require indoor air filtration systems to reduce particulate
concentrations to acceptable levels for projects where there would be a
significant cancer risk exposure as defined by BAAQMD.
o. Housing Element Policy 1.7 - To address the projected 2007 - 2014 RHNA
adequate site shortfall for extremely low and very low income housing
units and the projected 2007 - 2014 RHNA adequate site shortfall of for
low income housing units, amend general plan and zoning regulations,
followed by corresponding land use and zoning redesignations, so as to
assure the provision of adequate sites to meet the State's minimum sites
test for the identified shortfalls.
PAGE 4 OF RESOLUTION 91 -2013
3. The zoning change and associated Preliminary Development Plan approval will
lead to the development of a residential environment of sustained desirability
and stability, and will be in harmony with the character of the surrounding
neighborhood and community;
4. The development of a harmonious, integrated plan will be assured through the
observance of the development standards and requirements established for the
property by this P -1 zoning action, while reasonable and appropriate
development flexibility will be provided for the subsequently filed Final
Development Plan application.
SECTION 3 . CONDITIONS OF APPROVAL- LEG13 -01 (PUD)
A. DESIGN OBJECTIVES
To achieve design and aesthetic quality for this Special Concern Area property,
the following design objectives shall be addressed through the submittal material
supplied for the Final Development Plan request made for any proposed
multifamily use of the property:
1. Building bulk, height, land coverage, visual appearance from adjacent
land, and design compatibility with existing adjoining development and
land which will remain, shall be considered and controlled.
2. The development shall reflect a design that integrates individual buildings
and building groups with the surrounding development and other
physical features in the area.
3. The design of structures shall provide for harmonious composition of
mass, scale, color, and textures, with special emphasis on the transition
from one building type to another, termination of groups of structures,
relationships to streets, exploitation of views, and integration of spaces
and building forms with the topography of the site and the character of
the area.
4. Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate
treatment of any public areas or lobbies.
5. Off - street parking and loading areas shall be integrated into the overall
vehicular circulation system.
6. To assure that a desirable and appropriately integrated development plan
is secured, development shall be reviewed and processed as a single Final
Development Plan request.
PAGE 5 OF RESOLUTION 91 -2013
B. DEVELOPMENT STANDARDS
To achieve design and aesthetic quality for this Special Concern Area property
(as designated by the 2030 Plan), the application submittal made for the Final
Development Plan request for any proposed multifamily use of the property
shall reflect the following development standards:
1. The maximum allowable floor area ratio is eighty percent (80 %) of the net
area available for development (as determined by a planning entitlement
deemed complete for processing). The project's floor area ratio shall be
inclusive of all conditioned or habitable space. Project development area
associated with enclosed individual garages, carports, or structured
basement parking facilities shall not be assessed towards the project's
floor area ratio calculation.
2. The maximum height limit for accessory structures shall be 15'.
3. The minimum building setback requirements shall be as established
through a site - specific Final Development Plan approval. Future
development shall set back from the freeway to the extent feasible to
mitigate potential impacts associated with freeway noise, vibration,
and/or air quality.
4. Building facades and setbacks shall be incorporated in project design, to
provide articulation of building massing.
5. Development shall incorporate porches, stoops, courtyards, and other
similar design features to facilitate the creation of a pedestrian- friendly
scale and project environs.
6. The project's minimum numerical parking requirement shall be as set
forth for multifamily use in the parking regulations contained within the
DBD; Downtown Business District (subsection 32- 45.34(q) of the DBD
regulations). All required project guest parking shall be established as
onsite parking. Reductions in required parking may be considered on a
project -by- project basis where the housing to be developed is provided for
seniors or where it is determined that a reduced dependency on personal
vehicles can reasonably be anticipated.
PAGE 6 OF RESOLUTION 91 -2013
C. SUPPLEMENTAL REQUIREMENTS - DANVILLE 2030 GENERAL PLAN
SPECIAL CONCERN AREA DISCUSSION
1. Densities, heights, and building mass shall step down toward the northern
part of the site, providing a transition to the existing single family
residences lying to the north.
2. A minimum net development density of 25 units per acre is required on
five acres of the site, transitioning to a minimum development density of
20 units per acre around the north and northeastern edges of the site.
3. Where a determination is made that the project submittal provides a
superior site plan - and where project development is provided for under
a single Final Development Plan request, the property's development
densities may be averaged across the entire seven acres.
4. Site planning and buffering shall ensure that visual impacts on the area to
the north are minimized and that the Camino Ramon frontage is attractive
and inviting.
5. Setbacks and landscaping shall enhance the compatibility of new uses
with nearby uses.
6. Development on portions of the property specified for the 25 -30 units per
acre density shall not exceed a building height of 35.
7. Development on the northernmost 100' of the property designated for
development in the 20 -25 units per acre density range shall not exceed a
maximum of two stories in building height. The restriction to a two story
maximum building height shall also apply to the remainder of the two
acres designated for the 20 -25 units per acre density range unless an
exception to this development restriction is granted by the Planning
Commission through their review of the project's Final Development Plan
request and where the proposed development is a townhouse product.
Through a Planning Commission - authorized exception, that portion of the
property may be authorized by the Planning Commission to observe a
maximum story height of two and one half stories.
D. SUPPLEMENTAL SUBMITTAL REQUIREMENTS FOR APPLICATION FOR
FINAL DEVELOPMENT PLAN
Application materials to be supplied at the time of submittal of a Final
Development Plan application shall, in addition to the submittal requirements
PAGE 7 OF RESOLUTION 91 -2013
set forth in subsection 32- 63.5(c) Rezoning - Rezoning and Development Plan
Application and subsection 32- 63.6(a) Final Development Plan - Requirements of the
Danville Municipal Code, detail the following:
1. The location, number and dimensional layout of any tandem parking
spaces, motorcycle parking spaces, or bicycle parking spaces proposed for
the project.
2. The minimum size and average size of individual private open space
areas (i.e., enclosed private patios or private balconies) proposed for the
project.
3. The location, minimum size, and average size of private individual
resident storage spaces proposed for the project.
4. The proposed means to screen proposed above - ground transformers,
meters, and other utilities.
5. The location, design and construction materials proposed for project
fencing.
6. The percent coverage of land by buildings and structures.
7. The location and design of retaining walls and onsite project lighting.
8. The manner by which the project proposes to meet the requirements in
subsection 32 -73 Inclusionary Housing for Affordable Residential Housing of
the Danville Municipal Code.
9. The Final Development Plan application made for any planned
multifamily residential use of the property shall be accompanied by the
following special studies:
a. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 2.08 of the 2030 Plan, the
developer shall be responsible for the preparation of Scenic
Resources Evaluation [Policy 2.08 states: "Protect the visual qualities
of designated scenic routes by reviewing proposed projects with respect to
their visual impacts."] The Scenic Resource Evaluation shall consider
the site - specific visual and historic context, the anticipated
sensitivity of identified viewers, and the extent of visibility.
PAGE 8 OF RESOLUTION 91 -2013
b. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 14.02 of the Danville 2030
General Plan, the developer shall be responsible for the preparation
of a traffic analysis consistent with Contra Costa Transportation
Authority's Technical Procedures. [Policy 14.02 of the 2030 Plan
states: "Require site - specific traffic studies for development that is likely
to generate significant volumes of traffic. If such studies indicate that the
development could cause the Town's transportation standards to be
exceeded, require modifications to the project and /or impose transportation
improvements requirements which ensure that level of service standards
are maintained. "] The traffic impact analysis shall, at a minimum,
provide:
i. A review of the site plan, internal roadway circulation, design
and location of the project ingress and egress driveway
connections to Camino Ramon and their alignment relative to
the existing driveways on the east side of the roadway.
ii. An assessment of traffic impacts generated by the project on the
nearby roadways and at key intersections identified by the
Town. This shall include documentation of project trip
generation, distribution, and assignment. This traffic
assessment shall be conducted for existing, existing plus project
and forecasted 2030 scenarios. Roadway improvements and
mitigation measures necessary for mitigating the impact of the
Armand Borel Trust Property on nearby intersections along
Camino Ramon frontage and /or to the intersection needs to be
identified. This may include the construction of intersection
improvements and potential signalization of the project
driveway at Camino Ramon.
iii. A review of the need for the developer of the 7.0 acre
multifamily project to provide current and /or future cross
access easements to allow the multifamily portion of the
Armand Borel Trust Property to have a vehicular connection or
connections to the southern remainder portion of the 16.65+/ -
property.
iv. An assessment of parking supply and demand to ensure on -site
parking adequacy. This assessment shall include a review of
comparable residential projects in the Danville area to
determine their parking - per -unit ratios and the adequacy of the
onsite parking supplied in those projects.
PAGE 9 OF RESOLUTION 91 -2013
v. An assessment of pedestrian and bicycle access to /from the site
and recommendations for improvement.
C. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.06 of the 2030 Plan, the
developer shall be responsible for the preparation of a tree report
prepared by a certified arborist. [Policy 21.06 states: "Discourage
activities that u7ould harm the health of existing trees. Prevent the
unnecessary removal and alteration of such trees, including "protected"
trees as defined by the Town's Tree Preservation Ordinance and other
trees that contribute to the scenic beauty of the town. Public and private
improvements should be designed to minimize the removal of mature trees,
regardless of species. If removal is necessary, trees should be replaced with
an appropriate number and species. "]
d. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 21.10 of the 2030 Plan, the
developer shall be responsible for the preparation of a biological
assessment study. [Policy 21.10 states: "Require a biological
assessment for development proposed on sites that are determined to have
the potential to contain special - status species, sensitive natural
communities, or wetland resources. "] The assessment shall be
conducted by a qualified professional and shall determine the
presence or absence of any sensitive resources which could be
affected by proposed development, shall provide an assessment of
the potential impacts, and shall define measures for protecting, as
applicable, the resource and surrounding buffer habitat, in
compliance with state and federal laws.
e. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 22.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Stormwater
Control Plan detailing how the project will comply with the
requirements of the Regional Water Quality Control Board
(RWQCB) for the San Francisco Bay Region. [Policy 22.02 states:
"Require qualifying neu7 development projects and redevelopment projects
to comply with the Municipal Regional Permit for stormwater control and
treatment.""] The Stormwater Control Plan shall demonstrate how
the project complies with all applicable NPDES permit
requirements to minimize imperviousness, retain or detain
PAGE 10 OF RESOLUTION 91 -2013
stormwater, slow runoff rates, incorporate required source controls,
treat stormwater prior to discharge from the site, control runoff
rates and durations if required, and provide for operation and
maintenance of treatment and flow control facilities. The Plan shall
have sufficient detail to ensure the stormwater design, site plan,
and landscaping plan are congruent.
f. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 24.03 and 24.10 of the
2030 Plan, the developer shall be responsible for the preparation of
a soils and geologic report. [Policy 24.03 states: "Require soils and
geologic reports for all projects proposed in scenic hillside development
areas, as defined by the Town's Scenic Hillside and Major Ridgeline
Development Ordinance, and in other areas u7here the potential for
landslides, liquefaction, subsidence, or severe ground shaking exists.
Assure that development in these areas mitigates potential landslide
hazards and other geologic hazards." Policy 24.10 states: "Require
submittal of a Geotechnical report by a qualified engineering geologist,
that specifies the location of active faults, and recommends appropriate
setbacks prior to construction of any structure intended for human
occupancy within the Alquist- Priolo Fault Zone. "]
g. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policies 27.02, 27.11, and 27.13 of
the 2030 Plan, the developer shall be responsible for the
preparation of an environmental noise study in support of the site
planning and design efforts for any proposed multifamily
development. [Policy 27.02 states: "Require acoustical studies for
major residential and other development projects, as appropriate, and
impose noise mitigation measures accordingly." Policy 27.11 states:
"Ensure that the design of nezt7 development near major noise sources
(such as Interstate 680) reduces the potential for future occupants to be
exposed to high levels of noise. Development on such properties should
incorporate appropriate noise mitigation measures." Policy 27.13 states:
"Utilize noise reduction measures during all phases of construction
activity to minimize the exposure of neighboring properties to excessive
noise levels."] The study shall include a noise evaluation of existing
and future noise levels in private outdoor living areas and an
interior noise analysis of the proposed project. The study shall also
include an evaluation of the potential short -term construction noise
impacts upon adjacent land uses.
PAGE 11 OF RESOLUTION 91 -2013
h. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirement of Policy 28.02 of the 2030 Plan, the
developer shall be responsible for the preparation of a Phase I
Environmental Site Assessment (ESA). [Policy 28.02 states: "Require
a Phase I Environmental Site Assessment (ESA) when development
changes an existing use to a more sensitive use (e.g., commercial use to
residential use). If potential hazardous materials concerns are identified
ensure that they are investigated and that sites are cleaned up to
residential standards under appropriate regulatory agency oversight prior
to development."]
i. As part of the application submittal material provided for the Final
Development Plan for the property, to assure the project complies
with the intent and requirements of Policies 33.04, 34.02, and 34.04
of the 2030 Plan and applicable Bay Area Air Quality Management
District guidelines in place at the time of project application, the
developer shall be responsible for the cost of preparation of an air
quality and greenhouse gases analysis study. [Policy 33.04 states:
"During the development review process, impose appropriate mitigation
measures on new development to reduce greenhouse gas emissions."
Policy 34.02 states: "Consider air pollution impacts during the local
Development Review process. Development should be located and
regulated to minimize the emission of direct and indirect air
contaminants." Policy 34.04 states: "Consistent with CEQA and the
measures necessary to mitigate General Plan impacts, require site - specific
air quality studies for future development under the Plan that includes
sensitive receptors (such as schools, hospitals, daycare centers, or
retirement homes) located within a designated buffer area along Interstate
680."] The study shall provide analysis of greenhouse gases
(GHGs), criteria air pollutants and precursors (CAPs), and local
risk and hazard impacts at the proposed multifamily residential
development.
PAGE 12 OF RESOLUTION 91 -2013
APPROVED by the Danville Town Council at a regular meeting on November 5, 2013,
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Storer, Doyle, Me r �`- —„--
None
None
None
APPROVED AS TO FORM:
�?� e,3
CITY ATTORNEY
PAGE 13 OF RESOLUTION 91 -2013