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HomeMy WebLinkAboutMINUTES - 04091991 - H.6 H.6 TO: BOARD OF SUPERVISORS wsta FROM: Harvey E. Bragdon CourtY Director of Community Development DATE: March 19, 1991 SUBJECT: Hearing on Rezoning Application 12912-RZ to rezone 1.2 acres from Single Family Residential (R-20) to Planned Unit District (P-1) , with a variance to the minimum area requirements, located at #1390 Danville Boulevard in the Alamo area, filed by Randolph Finn Architects (Applicant) and Brent Tucker (Owner) (APN 197-020-020 & 021) . SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND.JIISTIFICATION RECOMMENDATION .Approve the Alamo Villa Project and grant an exception to the Creekbank Setback Requirement in accord with the Option A set of actions listed below as recommended by the San .Ramon Valley Regional Planning Commission. Option A - Deny the Appeal 1. Accept the environmental documentation prepared for this project as being adequate. 2. Deny the appeal of the Public Works Department and sustain the Planning Commission's approval. 3. Approve Rezoning Application #2912-RZ, along with Final Development Plan 13025-90 and Subdivision 7559 with attached conditions as recommended by the San Ramon Valley Regional Planning Commission. • 4. Adopt the San Ramon Valley Regional Planning Commission's findings as set forth in Resolution No. 18-1991, as the determination for these actions. 5. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading and set forth date for adoption of same. Option B - Grant Appeal I. Accept the environmental documentation prepared for this project as being adequate. 2. Grant the appeal of the Public Works Department. 3. Approve Rezoning Application 12912-RZ, along with Final Development Plan #3025-90 and Subdivision 7559 with attached conditions except that Condition of Approval 13.A. shall be modified to read as follows: 3.A. "A revised site plan in accord with the Final Development Plan labelled "Scheme C" except that the garage structure in the northeast corner of the site shall be modified by the deletion of the two eastern-most garage spaces. " 4. Direct the Community Development Director to prepare findings for the Board to consider adoption. 5. Introduce the ordinance giving effect to the aforesaid rezoning, waive reading, and set forth date for the adoption of same. BACKGROUND This project was heard by the San Ramon Valley Regional Planning Commission on February 7 and March 7, 1991. After taking testimony, the Commission voted unanimously to recommend approval of the 10-unit townhouse complex. The project is situated on a 1.2 acre parcel between Danville Boulevard and San Ramon Creek. The project abuts an existing condominium complex (Alamo Villages) and a vacant property on which a church complex has been approved. 1. The major consideration in the Commission's review of the project concerned the applicant's request for an exception to the creekbank setback requirement. The Commission saw fit to recommend that the required findings be made to allow for the partial encroachment of a garage structure within the setback area. The decision was based in part on the precedent established by the project to the north which has structures far closer to the creekbed than is proposed with this project. PUBLIC WORKS DEPARTMENT APPEAL Following the Commission approval, the Public Works Department appealed the Commission's recommendation to grant an exception to the creekbank setback requirement. New setback standards were recently adopted and the Department is concerned that allowing an exception would permit a potentially damaging precedent. Staff is recommending that the Commission decision be sustained and that the Public Works Department appeal be denied. However, should the Board feel that the required findings cannot be made then the conditions of approval should be modified to provide for compliance with the setback requirement. CONTINUED ON ATTACHMENT: Y YES SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECO E TIO BOARD COMMITTEE APPROVE OTHER SIGNATURE M : ACTION OF BOARD ON April 9, 1991 APPROVED AS RECOMMENDED �_ OTHER This is the time heretofore noticed by the Clerk of the Board of Supervisors for hearing on the recommendation of the San Ramon Valley Regional Planning Commission on the request by Randolph Finn Architects (applicant)- and Brent Tucker (owner) ( 2912-RZ) to rezone land from Single Family Residential District (R-20) to Planned Unit District (P-1) , along with Final Development Plan #3025-90 for a 10-unit multiple family residential (townhouse) complex and Subdivision 7559 for a vesting tentative map to subdivide 1 . 2 acres into 10 residential lots and commons area; and to consider the appeal of the Public Works Department from the decision of the San Ramon Valley Regional Planning Commission on Subdivision 7559 in the Alamo area. Mary Fleming, Community Development Department, presented the staff report on the proposed project, describing the site location, the San Ramon Valley Planning Commission recommendation, and the staff recommendation that the Board approve the project with the four units, granting a setback variance, accept the environmental documentation for the project as adequate, and deny the appeal of the Public Works Department, and sustain the decision of the Planning Commission, and approve the rezoning and development plan as in Option A of the recommendations, and she also commented on Option B. Supervisor Schroder requested clarification on the recommendation of the San Ramon Valley Regional Planning Commission on Exhibit C. Ms. Fleming responded that they did recommend Exhibit C. The public hearing was opened and the following person appeared to speak: Brent Tucker, 2821 Crow Canyon Road #203, San Ramon, applicant spoke in favor of the proposal and in support of Exhibit C, and he advised of a hold harmless agreement that had been provided at the request of the Planning Commission. 2. Victor Westman, County Counsel, commented on the hold harmless agreement, recommending that if the Board were to approve this matter, that the Board expressly condition the granting of the exception and the variances on the applicant entering an agreement with the County holding the County harmless, releasing the County and agreeing to defend the County as to any damages or problems which may result from any damage by not complying with the subdivision standards otherwise and that that condition be imposed on this development in a way that will be a tract restriction or a covenant and restriction running with the property, and that perhaps it could be combined at the time of the deed of development rights. Mr. Tucker advised that he did not anticipate a problem with the hold harmless agreement. Mitch Avalon, Public Works Department, advised of the reasoning behind the Public Works Department appeal on this matter. He commented that there should be engineering criteria to back up any exceptions to the setback criteria, such as a soils report verifying that the creekbank is stable and non-erosive. Supervisor Schroder requested clarification on the setback requirement of Flood Control. Mr. Avalon responded to Supervisor Schroder' s request. Mr. Tucker presented a map showing the setback of the neighbor and their request. The public hearing was closed. Supervisor Schroder commented that under the conditions that have been placed on this development and in view of the fact that the area Planning Commission, the Alamo Park and Recreation District, the County Service Area R-7, and the Alamo Improvement Association have unanimously recommended in favor of this development, that the development be approved as recommended by the San Ramon Valley Regional Planning Commission, that the Board accept the environmental documentation prepared for the project as adequate, deny the appeal of the Public Works Department and sustain the Planning Commission' s approval with the requirement of the hold harmless agreement as outlined by County Counsel; and that it approve the rezoning request, development plan, and subdivision and that an engineering and soils report -be submitted as adequate, and he moved approval of Option A with Exhibit C, and the hold harmless agreement. IT IS BY THE BOARD ORDERED that Option A recommendations 1, 2, 3 with amended conditions (Exhibit A attached) , 4, and 5 are APPROVED; and as in recommendation 5, Ordinance No. 91-22 is INTRODUCED, reading waived, and April 16, 1991 is set for adoption of same. VOTE OF SUPERVISOR X I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: Community Development Dept. ATTESTED April 9, 1991 Randolph Finn Architects PHIL BATCHELOR, CLERK OF Brent Tucker THE BOARD OF SUPERVISORS Public Works-' D C TY ADMINISTRATOR Assessor San Ramon Fire Protection Dist. • BY a - , DEPUTY RHD:plp FINDINGS REZONING FILE 2912-RZ, FINAL DEVELOPMENT PLAN 3025-90 AND VESTING TENTATIVE MAP 7559 (ALAMO VILLAS) FINDINGS A. Findings for Adoption of the Planned Unit District 1. The applicant intends to commence construction within two and one-half years of the effective date of final project approval. 2. The 10-unit site plan is consistent with the 1977 San Ramon Valley Area General Plan and 1991 Countywide General Plan which might allow as many as 25 units on the property. The approval provides for dedication of approximately 25% of the site (involving the San Ramon Creekbed) as a trail easement. 3. The Alamo Villas project will constitute a residential environment of sustained desirability and stability, and will be in harmony with the character of the nearby community. The development serves as a transition from the more intensive commercial district to the north, and the low density residential areas to the south. The project will be compatible with the Alamo Villages project that abuts on the north side and with the as yet unbuilt Alamo/Danville Church development that has been approved on the south'. 4. In accord with the required findings of the Planned Unit (P-1) District, the County finds that the development of a harmonious, integrated plan like the Alamo Villas project, justifies exceptions from the normal application of the code, to provide.better conformity with existing natural terrain features. 5. The variance to the minimum parcel size for application of the P-1 district is reasonable insofar as (1) the project is being required to dedicate a significant portion of the property for creekside trail dedication; (2)the project provides for a density level below the unit density range 0 4-25 units) that the general plan designates for this 1.2 acre site; and (3) granting of a variance to the minimum P-1 area requirement will not constitute a precedent insofar as the adjoining Alamo Villages project was also granted a parcel size variance. B. Findings for An Exception to the Creekbank Setback Standard The proposal to allow an existing swimming pool and proposed garage structure and driveway area to encroach on the creekbank setback area is reasonable insofar as: 1. The Public Works Department supports the granting of an exception to the existing swimming pool and proposed driveway area. 2. The affected property adjoins an existing project that was permitted to develop far closer to the bed of the creek than the subject project. • S .2 3. The granting of the exception will provide for more complete facilities for the proposed type of residential design. The exception will permit each dwelling unit to have convenient access to two garage spaces. The additional facilities offset the reduction in unit density that the site might otherwise be eligible for. 4. The exception will not be materially detrimental to the public welfare or injurious to other property in the surrounding area. The encroachment of the proposed garage structure only constitutes a non-habitable, accessory structure. The project will also result in the elimination of an existing residence within the setback area. Finally, the applicant has agreed to enter into a hold- harmless agreement with the County relative to future damage to the improvements caused by creekbank failure. CONDITIONS OF APPROVAL FOR REZONING FILE 2912-RZ FINAL DEVELOPMENT PLAN 3025-90 AND VESTING TENTATIVE MAP 7559 (ALAMO VILLASI 1. This application is approved for a maximum of 10 residences as generally shown on the revised plans submitted with the application. The approval is based on the set of plans and documents submitted with the application including: - Final Development Plan dated received February 26, 1991 . - Scheme C - Vesting Tentative Map - Building Elevations - Landscape Plan - Site Wall Elevation - Typical Unit Floor Plans - Garage Elevation/Floor Plan - 2/18/89 Geotechnical Investigation Report by the Buller Group - 10/22/90 Cultural Resources Evaluation Report by Archeo-Tec - Creekbank Findings submitted by applicant at 3/7/91 Planning Commission hearing 2. A variance to the minimum area requirement is approved as requested. . 3. At least 30 days prior to filing a grading plan, final map or issuance of building permits, the applicant shall submit the following documents for the review and approval of the Zoning Administrator: A. A revised site plan in accord with the Final Development Plan labelled "Scheme Cu. B. The site plan and final map shall provide for the dedication of two trail easements as generally shown on the staff study dated February 27, 1991: 1) One trail easement (Easement "A") shall generally encompass the eastern one-quarter of the site covering the area east of the top-of- creek-bank(approximately 92 feet AMSL), to the eastern boundary line. 2) The other trail easement (Easement "B") shall generally encompass a 10 foot wide strip immediately west of Easement "A", running the entire width of the property. 3) Both trail easement conveyances shall be in the form of an offer of dedication to the County. Three copies of the dedication instruments shall be provided for the Zoning Administrator and County .Counsel review. The dedication for Easement "B" shall be contingent on a future abandonment of the existing nearby swimming pool. 4) No trail improvements shall be required to be installed by this project. 2. C. Individual unit, building and project meter and utility connections shall be shown on the landscaping plan and appropriately screened. On-site field inspection of landscaping prior to occupancy will result in additional landscaping requirements if such meters, etc. are not adequately addressed. D. A landscaperrrigation plan prepared by a licensed landscape architect certified to be in compliance with the Water Conservation Landscaping Ordinance (Ord. #90-59). The plan shall provide a program to protect existing trees near the creekbed identified on the approved site plan for preservation during the construction period. Proposed trees shall be at least 15 gallons in size, bushes a minimum 5 gallons in size. At least two 24" box trees shall be provided with the landscape plan. Trees shall be provided on the west side of the garage structure closest to Danville Boulevard. The irrigation plan shall provide for irrigation of the proposed landscape strip in the Danville Boulevard right-of-way. The Boulevard of Trees Committee shall be provided an opportunity to review and comment on the proposed landscape improvements along the frontage area. Approved landscaping shall be installed prior to occupancy. E. Buildings shall employ earth tone colors. A color/materials palette shall be submitted. 4. Comply with the following archaeological requirements: A. At least 30 days prior to issuance of grading or building permits, the applicant shall submit a program for the review and approval of the Zoning Administrator. The program shall provide for on-site archaeological monitoring of construction activity by a qualified archaeological consultant with expertise in the study of prehistoric/protohistoric cultural resources in the San Francisco Bay region. B. In the event that cultural resources of significance, or potential significance,are encountered during the course of the on-site archaeological monitoring program, all earthmoving activity in the area of impact shall cease until the designated archaeological consultant has been given an adequate opportunity to examine the findings; assess their significance; and offer proposals for any procedures deemed necessary to further investigate and/or mitigate adverse impacts to, those cultural resources of significance, or potential significance, which have been encountered. Recommended mitigation shall be implemented prior to allowing construction work to continue. 5. Covenants, Conditions and Restrictions, Articles of Incorporation and By-laws "for a homeowner's association shall be submitted to the Community Development Department prior to filing the-subdivision map. The document shall provide for: A. The ownership and maintenance of all common facilities. Maintenance of the landscape strip in the right-of-way along the Danville Boulevard frontage by the homeowners association. 3. B. A program for maintenance of exterior building elevations. C. Prohibition of the storage of recreational vehicles (including boats) within the complex. D. Provide that a child care facility may be located at any residential unit consistent with existing laws. E. Standardized restrictions on rearyard awnings and patio covers. 6. Prior to issuance of building permits,the existing residences and all dilapidated vehicles and other trash on the site shall be removed and properly disposed of. 7. Noise generating construction activities shall be limited to the hours of 7:30 A.M. to 5:00 P.M., Monday through Friday, and shall be prohibited on State and Federal holidays. The restrictions on allowed working days may be modified on prior written approval by the Zoning Administrator. S. The project sponsor 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 such as air compressors and concrete pumpers as far away from existing residences as possible. 9. At least one week prior to commencement of grading, the applicant shall post the site and mail to the owners of property within 300 feet of the exterior boundary of the project site and to the homeowner associations of nearby residential projects that construction work will.commence. The notice shall include a list of 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. A copy of the notice shall be concurrently transmitted to the Community Development Department. The notice shall be accompanied by a list of the names and addresses of the property owners noticed, and a parcel map identifying the area noticed. 10. A dust and litter control program shall be submitted for the review and approval of the Zoning Administrator. Dust shall be kept down by watering which shall be accomplished by a watering truck on site or from hydrants on site. 11. The following requirements pertaining to drainage, road, and utility improvements will require the review and approval of the Public Works Department. 4. A. In accordance with Section 92-2.006 of the County Ordinance Code, this subdivision shall conform to the provisions of the County Subdivision Ordinance (Title 9). Any exceptions therefrom must be . specifically listed in this conditional approval statement. Conformance with the Ordinance includes the following requirements: 1) Prior to recordation of the Final Map, relinquishing "development rights" over that portion of the site that is within the structure setback of San Ramon Creek. based on accurate creek cross sections. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance. The applicant shall be granted an exception from the dedication of development rights and requirement for structure setback for the existing pool, and a portion of the proposed driveway and garage structure, subject to the review of the Public Works Department. 2) Constructing road improvements along the frontage of Danville Boulevard. The improvements shall consist of widening Danville Boulevard as necessary to provide for 44-feet of pavement as delineated by the Public Works Department. Stripe the pavement along the frontage to provide for two 11-foot travel lanes and for 5-foot bike lanes on each side of the road and for a 12-foot wide dual left turn lane adjacent to the median island. Construct a 6-foot wide meandering sidewalk located outside the roadway area conforming to the existing sidewalk to the north. The frontage improvements, including the sidewalk and pavement, shall be configured so as to preserve the trees along the easterly edge of the road and to provide for necessary longitudinal and transverse drainage. The landscape plan shall contain requirements for an irrigation system and for maintenance by the property owner for a period of 5 years or until such time as a landscaping district(e.g., LL-2)is formed, whichever occurs first. The final landscape plan shall be subject to review of the Zoning Administrator. The curb face shall match the curb face in Subdivision 6883 to the north (approximately 27.5 feet from centerline). 3) Install street lights on Danville Boulevard and annex the property to County Service Area L-100 for maintenance of the street lights. The final number and location of the lights shall be determined by the Public Works Department, Road Engineering Division. 4) The Board of Supervisors has directed the Public Works Department to develop guidelines for implementation of Section 96-10, "Underground Utilities." The implementation guidelines have not been completed to date. The applicant will be required to underground utilities: The . applicant may also be required to underground utilities on the opposite side of Danville Boulevard. 5. 5) Conveying all storm waters entering or originating within the subject property, without diversion and within an adequate storm drainage facility, to a natural watercourse having definable bed and banks or to an existing adequate storm drainage facility which conveys the storm waters to a natural watercourse. 6) Designing and constructing storm drainage facilities required by the Ordinance in compliance with specification outlined in Division 914 of the Ordinance and in compliance with design standards of the Public Works Department. 7) The Ordinance prohibits the discharging of concentrated storm waters into roadside ditches. 8) Installing, within a dedicated drainage easement, any portion of the drainage system which conveys run-off from public streets. 9) Relinquishing "development rights" over that portion of the site that is within the structure setback area of San Ramon Creek based on accurate creek cross sections. The structure setback area shall be determined by using the criteria outlined in Chapter 914-14, "Rights of Way and Setbacks", of the Subdivision Ordinance. The applicant shall be granted an exception from the dedication of development rights for the existing pool and a portion of the proposed driveway but excluding parking spaces subject to the review of the Public Works Department. 10) Constructing a paved turnaround at the end of the proposed private road. 1 1) Submitting improvement plans prepared by a registered civil engineer, payment of review and inspection fees, and security for all improvements required by the Ordinance Code or the conditions of approval for this subdivision. 12) Submitting a Final Map prepared by a registered civil engineer or licensed land.surveyor. B. Provide an additional 7-foot public utility and access easement along the frontage of Danville Boulevard for utilities and sidewalk. C. Relinquish abutter's rights along Danville Boulevard, including curb returns with the exception of the proposed access point. 6. D. Mitigate the impact of the additional storm water run-off from this development in San Ramon Creek by: 1) Removing 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek near Chaney Road for each 50 square feet of new impervious surface area created by the development. All excavated material shall be disposed of off-site by the developer at his cost. The site selection, land rights, and construction staking will be by the Flood Control District. 2) Upon written request,the applicant may make a cash payment in lieu of actual excavation and removal of material from San Ramon Creek. The cash payment will be calculated at the rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the Flood Control District's standard impervious surface area ordinance. The Flood Control District will use these funds to work on San Ramon Creek annually. E. Furnish proof to the Public Works Department, Engineering Services Division, 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. F. Install a vertical rise garage door with an automatic garage door opener on all garages. G. Provide for adequate sight distance at the Danville Boulevard access in accordance with CALTRANS standards. H. Construct the on-site road system to current County private road standards with a minimum width of 24 feet within a 25 foot private road easement where vehicles will be backing out of parking spaces and to a minimum width of 20- feet within a 25-foot access easement in other areas. I. Submit an acoustical analysis prepared by a qualified expert, based upon ultimate development in the region and ultimate road widening subject to the review of the Zoning Administrator. The applicant shall mitigate impacts _ subject to the review and approval of the Zoning Administrator. J. Prevent storm drainage, originating on the property and conveyed in a concentrated manner, from draining across the sidewalks and driveway. K. Execute a recordable agreement which states that the developer and-the owner and the future owners of the property will hold harmless Contra Costa County and the Flood Control District and Water Conservation District and its 7. representatives harmless in the event of damage to any of the facilities in the creek structure setback area, including the pool and the portion of the new driveway in that area, as a result of creek bank failure or erosion. L. In a form acceptable to County Counsel, execute a recordable agreement which states that the current property owner and the future owners of each subdivided lot will release,defend and hold harmless all of Contra Costa County and the Flood Control and Water Conservation District and their officers and employees from damage to any of the facilities known within or hereinafter placed within the creek structure setback area, as determined by Section 914- 14 of the Ordinance Code, including the pool, the driveway and garage structure as a result of any creek bank failure or erosion. Said agreement shall be recorded and run with the title for each lot in Subdivision 7559 as part of and concurrent with otherwise required deed of development rights. M. Apply to the Public Works Department for annexation to the County Landscaping District AD 1979-3 (LL-2) for the future maintenance of landscaping and irrigation facilities in median islands, parkways and other areas ("open space" is specifically excluded) prior to issuance of building permits. N. Prior to issuance of building permits, file the Final Map for Subdivision 7559. ADVISORY NOTES A. Comply with the requirements of the Central Sanitary District, East Bay Municipal Utility District, and San Ramon Fire Protection District. B. The project lies within the 100-year flood boundary as designated on the Federal Emergency Flood Rate Maps. The applicant should be aware of the requirements of the Federal Flood Insurance Program and the County Flood Plain Management Ordinance (Ordinance No. 87-65) as they pertain to future construction of any structures on this property. C. Verifying that all finished floor elevations are above the 100-year flood elevation. D. This project may be subject to the requirements of the Department of Fish & Game. It is the applicant's responsibility to notify the Department of Fish & Game, P.O. Box 47, Yountville, California 94599, of any proposed construction within this development that may affect any fish and wildlife resources, per the Fish & Game Code. E. This project may also be subject to the requirements of the Army Corps of Engineers. The applicant should notify the appropriate district of the Corps of Engineers to . determine if a permit is required and if it can be obtained. 8. F. The applicant will be required to comply with the requirements of the Bridge/Thoroughfare Fee Ordinance for the Alamo Area of Benefit as adopted by the Board of Supervisors. G. The applicant will be required to comply with the drainage fee requirements for Drainage Area 13 as adopted by the Board of Supervisors. H. Certain improvements required by the Conditions of Approval for this development or the County Subdivision Ordinance Code may be eligible;for credit or reimbursement against said fee. The developer should contact the Public Works Department to personally determine the extent of any credit or reimbursement for which he might be eligible. I. The Danville Boulevard road improvements shall be considered part of the transition from a residential area of Alamo to the downtown area of Alamo to the north. J. The applicant will be required to pay an environmental review fee for the Department of Fish and Game of $1,275 within 5 days of the Board of Supervisors approval of this project. Failure to do so will result in fines. In addition, the approval is not final or vested until the fee is paid. A check for this fee shall be submitted to Contra Costa County for submittal with the final environmental documents(Notice of Determination). K. The applicant will be required to comply with the park dedication fee requirement pursuant to Division 920 of Title IX of $2,000 per dwelling unit at time of the filing of building permits. RD/aa RZI/2912-RZC.RD 1/25/91 2/28/91 Revised SRVRPC 3/7/91 Revised by County Counsel 5/31/91