HomeMy WebLinkAboutMINUTES - 05131997 - D6 Contra
•: Costa_,
TO: BOARD OF SUPERVISORS c; iS
' County
FROM: HARVEY E. BRAGDON . 'Py•, ;�
DIRECTOR OF COMMUNITY DEVELOPMENT °SrA`couK�•�
DATE: April 19, 1997
SUBJECT: MAY 13, 1997 HEARING ON THE SAN RAMON VALLEY REGIONAL PLANNING
COMMISSION'S RECOMMENDATION ON THE ALAMO ORCHARDS & OAK TREE PLAZA
PROJECT IN THE ALAMO AREA, AND AN APPEAL FILED BY DUNCAN FREW, ET AL,
OF THE COMMISSION'S APPROVAL OF A VESTING TENTATIVE MAP APPLICATION,
SUBDIVISION 8051 FOR THE SAME PROJECT (File #GP 95-0002, #RZ963045, &
DP963030, SD968051)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
Adopt a motion approving Option A (Approving Project per Planning
Commission recommendation) .
OPTIONS
Option A - Approve Planning Commission Recommendation and Deny
Appeal
Adopt a motion to:
1. Approve the recommendation of the San Ramon Valley Regional
Planning Commission as pertains to an approximate 3: 6 acre
site in the Alamo area as follows:
a. Adopt the Negative Declaration prepared on this project
as adequate for purposes of compliance with the
California Environmental Quality Act.
b. Approve the General Plan. Amendment (File #GP 95-0002) to
delete a Congregate Care designation and replace it with
a Single Family Residential - High Density, Commercial,
CONTINUED ON ATTACHMENT: X YES SIGNATURE w .
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON May 13, 1997 APPROVED AS RECOMMENDED X OTHER X
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN
AYES: I, III, V & IV NOES: II ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Bob Drake (335-1214)
Orig: Community Development Department ATTESTED May 13, 1997
cc: Alamo Orchards, LLC PHIL BATCHELOR, CLERK OF
Merle Hall Company THE BOARD OF SUPERVISORS
Charles & Elsee Lindemann AND COUNTY ADMINISTRATOR
Public Works Department
Local Agency Formation Commission BY , DEPUTY
County Counsel
Alamo Orchards & Oak Tree Plaza
County File#GP 95-0002, #RZ963045, #DP963030
and Parks and Recreation, and related text changes to
Policy 3-138 of the Land Use Element as indicated in
Resolution No. 13-1997 . Direct staff to include the
approved General Plan Amendment in the next consolidated
General Plan Amendment adoption.
E
C. Approve the rezoning of this site from Single Family
Residential, R-20 to Planned Unit District, P-1; and
approve a preliminary development plan to allow single
family residential, retail commercial and park uses,
subject to conditions (File #RZ963045) based on findings
contained in Planning Commission Resolution No. 16-1997;
waive reading; and set date for adoption. z
d. Approve the final development plan allowing up to 16
single family residential units, retail commercial
development, and a park site (File #DP963030) based on
findings contained in Planning Commission Resolution No.
16-1997 .
2 . Sustain the Planning Commission's approval' of Subdivision 8051
for up to 20 lots (16 single family residential, 3 commercial,
and 1 open space) .
3 . Deny the appeal of Duncan Frew, et al.
4. Direct staff to post a Notice of Determination with the County
Clerk.
Option B - Disapprove the project (Grant the Appeal of Duncan Frew,
et al
Adopt a motion declaring the Board's intent to:
1. Grant the appeal of Duncan Frew, et al.
2 . Disapprove the proposed General Plan Amendment, rezoning,
preliminary and final development plan, and subdivision
applications.
3 . Continue the matter to an appropriate date.
4 . Direct staff to prepare appropriate findings for Board
adoption consideration.
FISCAL IMPACT
None. The applicant has paid application fees to process this
project and is obligated to pay supplemental fees should staff time
and material costs exceed 120% of the initial fee payment.
BACKGROUND/REASONS FOR RECOMMENDATIONS
The project involves a site that is located at the northern end of
the Alamo business district and within a transitional area between
commercial uses to the south and west, and single family
residential uses to the north and south. Due to the transitional
location of the site, appropriate development of the site has been
a longstanding concern within the community.
The site contains a number of older houses including a Victorian
residence from the 1890's which the applicant is required to
contribute to it's relocation if a suitable site can be found.
Existing General Plan Designation
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Alamo Orchards & Oak Tree Plaza
County File #GP 95-0002 #RZ963045, DP963030
In 1987, a previous developer of the site (Merle Hall Company) had
persuaded the County to amend the general plan to redesignate most
of the site to the Congregate Care designation. Before providing
for the Congregate Care designation, the County had certified as
adequate an Environmental Impact Report for a 100 + bedroom
congregate care facility on this site. It should be noted that a
congregate care facility could not be established on the site until
the County approved a P-1 rezoning, preliminary and final
development plan applications.
Proposed Project
More recently, the current applicant has proposed a different land
use configuration that retains single family residential use for
much of the site. The applicant has actually proposed a project
consisting of three different land uses: single family residential,
retail commercial; and park use. The single family residential
consists of two different product types: three residential lots
along Jackson Way in the size range of 8 , 000 - 9 , 150 square feet
with single story residences, and 10 other residential lots in the
size range of 3 , 895 to 6, 263 with two story residences. The
commercial component consists of three attached commercial
structures fronting on Danville Boulevard. Finally, the project is
proposing to dedicate to the County a pocket park at the corner of
Jackson Way and Danville Boulevard.
Commission Review
This project was considered by the San Ramon Valley Regional
Planning Commission at three separate meetings earlier this year.
The Commission heard testimony in support and in opposition to the
project. However, after concluding the hearing the Commission
unanimously voted to support the project. The Commission felt that
the proposed uses would provide for compatibility with adjacent
uses.
Subdivision Review
Concurrent and consistent with the review of the other
applications, the Commission also approved a subdivision
application (Subdivision 8051) for the project with conditions
including the requirement that the subdivision approval is
contingent on conforming general plan, rezoning, preliminary and
final development actions by the Board of Supervisors. Because the
Ordinance authorizes the Commission to approve subdivision
applications and no appeal was filed on that aspect of the
Commission's action, the subdivision decision has become final.
Should the Board modify the project in its review of the set of
entitlement actions before the Board, then the applicant might be
barred from acting on the tentative map until an application to
modify the subdivision approval and brought back to hearing to make
it consistent with the Board decision.
The major points of deliberation by the Commission were as follows:
• Reduction from Recommended Widening of Danville Boulevard -
The Commission reduced the extent of road widening along the
Danville Boulevard frontage from the full widening providing
for two north-bound lanes recommended by staff.
• Retention of Requirement to Pay Fair-Share Contribution for
Possible Traffic Signal - The Commission retained a
recommendation by staff to require the applicant to contribute
for a possible traffic signal at the corner of Orchard
Court/Danville Boulevard/entrance to Alamo Plaza. The
determination of whether or not a traffic signal will be
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Alamo Orchards & Oak Tree Plaza
County File #GP 95-0002 #RZ963045, #DP963030
installed at that intersection will be made part of a separate
review by the County. If the County determines that there
will not be a traffic signal at that intersection, then the
applicant's contribution will be returned.
• Exceptions Granted to Code Streetlight/Sidewalk Requirements
for Residential Frontages - Due to the semi-rural character of
this portion of Alamo, the Commission authorized exceptions to
code requirements which would normally require streetlight and
sidewalk improvements along the proposed residential sections
of County-maintained streets (Jackson Way and Orchard Court) .
• Requirement to Deed Park Site to the County - For a time,
there was a question as to whether the applicant or the County
should maintain a 10, 000 square foot park proposed for the
corner of Jackson Way and Danville Boulevard. However, the
issues were sorted out, and it was agreed by all that the
applicant should be required to improve the park and deed it
to the County; and that the County would accept maintenance
and liability responsibilities for it.
• Withdrawal of Take-Out Food Land Use Permit Application - When
the applications were initially filed, they included a land
use permit application to allow take-out food establishment.
This proved to be a concern to some nearby residents. Because
the applicant did not have any immediate tenants identified
for this type of use, he elected to withdraw that application
from the project. In the future, should he change his mind,
then he would be free to re-apply, and another noticed public
hearing would be held on that application.
With the exception of the take-out food land use permit
application, all of the above items pertain to the approval of the
subdivision project. The land use permit application has been
withdrawn. Therefore, none of these matters is before the Board of
Supervisors.
Annexation Required to Central Sanitary District
It should be noted that the site presently lies within the sphere
of influence of the Central Contra Costa Sanitary District, but
outside the District's service area. Therefore, before any
development may occur, the project will have to obtain
authorization from the Local Agency Formation Commission to annex
into the District.
APPEAL OF PROJECT APPROVAL FILED BY NEIGHBORS
In a letter dated April 15, 1997 , an appeal of the Planning
Commission's project approval was filed by Duncan W. Frew and others
with the Community Development Department on Monday, April 21,
1997. The appellants feel that the project is not consistent with
the rural character of Alamo. The April 15 appeal letter was
followed by a letter dated April 22 , 1997 from Mr. Frew expressing
similar concerns about the project.
DISCUSSION
Mr. Frew and others opposed to the project expressed their concerns
to the Planning Commission. Notwithstanding those objections, the
Commission felt that the proposed project would provide for a
better land use fit than the congregate care facility that is
presently designated for this site on the general plan. Mr. Frew
resides at one of the residences to the north of the project. It
should be noted that recommended restrictions would limit
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Alamo Orchards & Oak Tree Plaza
County File #GP 95-0002 #RZ963045. DP963030
residential development fronting on Jackson Way to single-story
design, and require protection of existing mature trees along the
frontage of the property.
The appeal contains no new information that was not presented to
the Commission. Accordingly, staff recommends that the Commission's
approval be sustained and that the Frew appeal be denied in accord
with Option A actions.
Alternatively, if the Board finds merit in the Frew appeal, then
the Board could grant the appeal and deny the project. Option B
actions could be used to implement such a decision.
C: \wpdoc\RZ963045.bo
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ADDENDUM TO ITEM D.6
May 13, 1997 Agenda
This is the time 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 Alamo Orchards, LLC (Applicant) and Brent Tucker (Owner)
[formerly Merle Hall] and Charles & Elsie Lindemann (Owners), for approval to
amend the General Plan Land Use (County File #GP 95-0002) designation; and
on a request to rezone from R-20 to Planned Unit (P-1) (County File #RZ 96-
3045); and on a request to approve a Preliminary and Final Development Plan
(County File #DP 96-3030); and on a request for a Vesting Tentative map
(County File #SD 96-8051); and an appeal by Duncan W. Frew, et al.
(Appellants) from the decision of the San Ramon Valley Regional Planning
Commission on the Vesting Tentative Map application, Subdivision 8051 for the
same project in the Alamo area.
Dennis Barry, Community Development Department, and Mitch Avalon, Public
Works Department, presented staff reports this matter.
The hearing was opened, and the following people presented testimony:
Brent Tucker, Owner-Applicant, Tucker Associates, Inc., 2723 Crow
Canyon Road, San Ramon;
Brian Thiessen, Esq., 3201 Danville Blvd., Ste 295, Alamo;
Duncan Frew, Appellant, 3 Garden Estates Court, Alamo;
Michael Carroll, 5803 Tehama Avenue, Richmond;
Nancy Kaplan, Alamo Parkside Recreation, 184 Canyon Vista, Danville;
Sylvia Hema, 1431 Jackson Way, Alamo;
Linda Chew, 6 Garden Estates Court, Alamo;
Linda Gates, 2440 Tassajara Lane, Danville;
David Larkin, 1439 Via Don Jose, Alamo;
Lynn Jansen, P.O. Box 417, Diablo;
Dale Bridges, 3212 Danville Blvd., Alamo;
Michael McHugh, 23 Diamond Drive, Danville;
Deborah Poropat, 1386 Danville Blvd., Alamo;
John Henderson, 2445 Southview Drive, Alamo;
George Westfall, 151 South Jackson, Alamo;
Cheryl Locey, 15 Woodhaven, Alamo;
David Bloxham, 2 N. Jackson Way, Alamo;
Donna Hatfield, 1411 Jackson Way, Alamo;
Brad Baer, 99 N. Jackson Way, Alamo;
Charles Lindemann, Owner, 25 Orchard Court, Alamo;
Eric and Denise Hall, 37 Orchard Court, Alamo;
Ronald Poropat, 1386 Danville Blvd., Alamo;
Charlotte Maltbie, Alamo Merchants and Professional Association, 3200A
Danville Blvd., Alamo;
Dennis Harvey, 70 Linda Court, Danville;
1
Continued Addendum, Item D.6 - May 13, 1997
Brent Page, 61 Orchard Court, Alamo;
Chuck Schoenberger, 1528 St. Alphonsus Way, Alamo;
Joan Wetherell, 81 N. Jackson Way, Alamo;
Pat Larkin, 1439 Via Don Jose, Alamo;
Andrew Young, 1491 Laurenita Avenue, Alamo;
Bruce Kittess, 1600 Cervato Circle, Alamo;
Victoria Lipson, 4 Garden Estates, Alamo;
Patricia Willy, 900 Ina Drive, Alamo;
Julie Millias, 14 Linden Court, Alamo;
Brent Tucker, Owner-Applicant, Tucker Associates, Inc., 2723 Crow
Canyon Road, San Ramon;
Lynn Jansen, P.O. Box 417, Diablo;
Brian Thiessen, Esq., 3201 Danville Blvd., Ste 295, Alamo;
All persons desiring to speak having been heard, the public hearing was closed
and the Board discussed the issues.
Supervisor Gerber moved approval of Option A, including the supplemental
findings, and further moved that the Conditions of Approval prohibit any on-site
dry cleaning business, and that any dry cleaning establishments would be limited
to drop-off or pick-up only. Supervisor Gerber also moved that the Conditions
of Approval prohibit any restaurant or take-out food business in the development
project.
Supervisor Rogers seconded the motion.
Supervisor Canciamilla noted that he was in agreement with the proposed
project, and advised that residents' concerns regarding area traffic issues would
be revisited.
Supervisor Uilkema stated that she would uphold the County General Plan as it
presently stands and would not be supporting the motion.
After further discussion, the Board took the following action:
IT IS BY THE BOARD ORDERED that the hearing is CLOSED; Option
A is APPROVED; the Negative Declaration is ADOPTED as adequate;
Resolution No. 97\240, determining to amend the County General Plan (County
File #0002-95) is ADOPTED, to be included in the next Consolidated General
Plan Amendment; Rezoning application and Preliminary Plan (County File
#RZ 3045-96) with the Findings and Conditions (See attached Exhibit I ) are
APPROVED; Ordinance 97-14 is INTRODUCED, giving effect to the rezoning,
reading is WAIVED, and June 3, 1997, is SET for adoption of same; the Final
Development Plan is APPROVED, (County File #DP 3030-96); the approval of
Subdivision 8051 is SUSTAINED; the Appeal of Duncan Frew, et al. is
DENIED; and staff is DIRECTED to post a Notice of Determination with the
County Clerk.
2
r s.. 4D.
THE BOARD OFSUPERVISORS
OF
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 13. 19 7 by the following vote:
AYES: Supervisors Rogers, Gerber, DeSaulnier, Canciamilla
NOES: Supervisor Uilkema
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 97/240
SUBJECT: In the Matter of the Tucker [Alamo Orchard])
General Plan Amendment )
County File #GP95-0002 )
The Board of Supervisors of Contra Costa County RESOLVES that:
There is filed with this Board and its Clerk a copy of Resolution No. 13-1997 adopted by
the San Ramon Valley Regional Planning Commission which discusses the Tucker (Alamo
Orchard) General Plan Amendment (County File #GP95-0002).
On Tuesday, May 13, 1997, the Board held a public hearing on said General Plan
Amendment discussed by the San Ramon Valley Regional Planning Commission, Resolution No.
13-1997. Notice of said hearing was duly given in the matter required by law. The Board at the
hearing, called for testimony of all persons interested in this matter. Numerous speakers testified
both for and against the project.
The Board closed the public hearing and APPROVED the General Plan Amendment and
directed staff to include the Tucker (Alamo Orchard) General Plan Amendment into one of the
consolidated General Plan Amendments for 1997 as allowed by State Planning Law.
Contact: Jim Cutler (510) 335-1236 1 WSW eergty that tlds b a true and correctof tCf
an 006" taken and entered on the minutes he
Board of Supervisors on the date shown.
AMS M._Mav 13 , 1997
cc: Community Development Department (CDD) PHIL BATCHELOFV Clerk of the board
Public Works Department OfSupervisore rVntyAdminlstrator
CAO By Deputy
County Counsel
j Aaw\alamogpa.res
RESOLUTION 97/240
Tucker Associates Inc.
General Plan Amendment
Contra Costa County File#GP-950002
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Amendment Area
I hereby certify that this amendment to the I hereby certify that this amendment to the
Contra Costa County General Plan was ap- Contra Costa County General Plan was adopted
proved by the Board of Supervisors on by the Board of Supervisors on
May 13, 1997. May 13, 1997.
/f Phil Batchelor, Clerk of the Board of Supervi-
"� -� sorsand County 'nistrator
Harvey E. Bragdon
Director of Community Development By: Deputy
FINDINGS AND CONDITIONS OF APPROVAL FOR REZONING AND
PRELIMINARY DEVELOPMENT PLAN APPROVAL FOR FILE
#RZ963045 (Alamo Orchards & Oak Tree Plaza) (Alamo Orchards, LLC -
Applicant; Merle Hall Company and Charles & Elsie Lindemann - Owners)
Per May 13, 1997 Board of Supervisors Approval
FINDINGS
A. Rezoning Findings
1. The change proposed will substantially comply with the general plan.
2. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
3. Community need has been demonstrated for the use proposed, but this does not
require demonstration of future financial success.
(Reference §26-2.1806 of the Ordinance Code)
B. Planned Unit District Findings
1. The applicant intends to start construction within two and one-half years from the
effective date of the zoning change and plan approval;
2. The proposed planned unit development is consistent with the county general plan;
3. In the case of residential development, it will constitute a residential environment
of sustained desirability and stability, and will be in harmony with the character of
the surrounding neighborhood and community,
4. In the case of commercial development, it is needed at the proposed location to
provide adequate commercial facilities of the type proposed, and that traffic
congestions will not likely be created by the proposed center, or will be obviated
by presently projected improvemetns and by demonstrable provisions in the plan
for proper entrances and exits, and by internal provisions for traffic and parking,
and that the development will be an attractive and efficient center which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development;
Prohibited Uses -Prohibited uses within the project include:
Rezoning and Preliminary Development Plan File#RZ963045
Alamo Orchards&Oak Tree Plaza
a. Commercial uses with criteria under conventional zoning restrictions (e.g.,
within 500 feet of residential and park uses)which this site cannot meet, or
otherwise determined inappropriate for a site in proximity to residential and
park uses.
b. Uses that may be normally allowable within commercial areas, but due to
limitations associated with the approved project design should not even be
considered for this site.
5. The development of a harmonious integrated plan justifies exceptions from the
normal application of this code.
(Ref. §84-66.1406 of the County Code)
C. Growth Management Element Performance Standards Findings
1. Traffic - The proposed development will not result in an increase of 100 or more
peak period trips as documented in a traffic study dated December 20, 1996 by
TJKM Traffic Consultants, therefore the applicant is not required to prepare a
traffic report pursuant to the 1988 Measure C requirements. On the other hand,
the commercial and residential development within the project will both be
required to contribute fees to the County for local (Alamo Area of Benefit) and for
regional (Southern Contra Costa) transportation improvements in accord with
ordinance requirements prior to finalization of the building permit.
2. Water- The East Bay Municipal Utility District has indicated that the site lies
within the District's service area and that the District is capable of serving the
project.
3. Sanitary Sewer- The site lies within the sphere of influence of the Central Contra
Costa Sanitary District but outside the District's service area. Annexation of the
site to the District will be required before construction may commence. The
District has conducted a limited analysis for the sewer system located downstream
of the proposed project. The existing main sewer is adequate for the additional
wastewater which will be generated by this project, but District facilities farther
downstream do not have adquate flow carrying capacity under the District's
current design criteria for ultimate conditions. Improvements to correct the
decificiencies are in the District's Capital Improvement Plan. Improvements to the
District's existing facilities that are requried as a result of new development will be
funded from applicable District fees and charges. The developer will be required
to pay these fees and charges at the time of connection to the sewer system.
RZ-2
Rezoning&Preliminary Development Plan Approval File#DP963045
Alamo Orchards&Oak Tree Plaza
4. Fire Protection - The site lies within one mile of the San Ramon Valley Fire
Protection District Station at #1101 Stone Valley Road.
5. Public Protection - The Growth Management Element standard is 155 square feet
of Sheriff facility station area per 1,000 population. The project will generate a
population of approximately fifty(3 persons per household X 16 units), which is
far below the standard of the Growth Management Element standard. The
Sheriff s Office had no comments on this application.
6. Parks and Recreation - The applicant is proposing a public open space park site of
10,000 square feet. The applicant would also be required to make landscape and
irrigation improvements to the park. Because of the dedication, the applicant will
have no obligation for payment of in-lieu park dedication fees.
7. Flood Control and Drainage - This project will be required to collect and convey
all runoff to an adequate natural or manmade drainage facility. To reduce the
impact of additional storm water run-off from this development on San Ramon
Creek, one cubic yard of channel excavation material will be removed from an
inadequate portion of San Ramon Creek for each 50 square feet of new impervious
surface area created by the development, or the applicant will have to contribute an
in-lieu fee for such purpose. No portion of this site lies within an area subject to a
100-year floodplain hazard as indicated on the Federal Emergency Management
Agency map.
(Ref. the Growth Management Element, Chapter 4, of the General Plan)
D. Variance Findings for Application of the Planned Unit (P-1) District Zoning to a
Property less than 15 acres in size.
1. The variance authorized does not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the
respective land use district in which the subject property is located.
2. That because of special circumstances applicable to the subject property because of
its size, shape, topography, location or surroundings, the strict application of the
respective zoning regulations is found to deprive the subject property of rights
enjoyed by other properties in the vicinity and within the identical land use district.
3. The variance authorized substantially meets the intent and purpose of the
respective land use district in which the subject property is located.
RZ-3
Rezoning and Preliminary Development Plan File#RZ963045
Alamo Orchards&Oak Tree Plaza
(Reference §26-2.2006 of the Ordinance Code)
RZ-4
Rezoning&Preliminary Development Plan Approval File#DP963045
Alamo Orchards&Oak Tree Plaza
CONDITIONS OF APPROVAL
1. Allowed Land Use - Development and land use shall be as generally depicted on
the Vesting Tentative Map application dated 10/6/95 as modified by a revised site
plan dated 1/29/97 prepared by George Swallow and Associates. Retail business
and professional office uses shall be allowed in the area shown for commercial
development. Single family residential use shall be allowed in the area of the
proposed single family residential lots. Open space/recreation shall be allowed in
the area shown for open space use at the comer of Jackson Way and Danville
Boulevard.
Prohibited Land Uses - The following land uses shall be prohibited within any
portion of the project: churches, hospitals, hotels, motels, convalescent homes,
adult entertainment business, sale of firearms, cabaret and retail liquor stores.
Residential Lots Fronting on Jackson Way - Sizes for residential lots (after
deducting for right-of-way dedication) shall be a minimum of 7500 square feet in
area.
Residential Lots Frontingon n Proposed Private (Orchard Lane) Road - A maximum
of 13 residential lots shall be allowed. Sizes for residential lots fronting on the
proposed private road (Orchard Lane) shall be a minimum of 4,950 square feet
(inclusive of road right-of-way area).
2. Approval of Variance to Minimum Area for Applying P-1 Zoning - A variance is
approved to allow the application of the Planned Unit (P-1) District zoning to this
property totalling 3.6 acres.
3. Specified Date for Determining ompliance with Policies, Ordinances and Fees -
Development authorized under this rezoning and preliminary development plan
shall be in substantial compliance with the ordinances (including any applicable
fees) and policies in effect as of the date that the proposed rezoning becomes
effective.
4. Credit for Fees Charged on a Per Residence Basis - The applicant shall be given
credit for fees assessed on a per residence basis (traffic, park dedication, etc.) for
RZ-5
Rezoning and Preliminary Development Plan File#RZ963045
Alamo Orchards&Oak Tree Plaza
the six residences that existed at the site at time of rezoning application submittal
or at time of commencement of processing development applications at this site.
5. Phasing of Development - Prior to issuance of a certificate of occupancy on any of
the commercial structures on Lots 17 - 19, a certificate of occupancy for a
residence shall have been issued on at least one each of the two sets of lots listed
below:
Lots 1 - 13 (Orchard Court/Lane); and
Lots 14 - 16 (Jackson Way).
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rev.5-14/97-rd
RZ-6
FINDINGS AND CONDITIONS OF APPROVAL FOR VESTING TENTATIVE
MAP SUBDIVISION 8051, ALAMO ORCHARDS & OAK TREE PLAZA
(County File #SD968051) (Alamo Orchard, LLC - Applicant; Merle Hall
Company and Lindemann - Owners) per Board of Supervisors May 13, 1997
Approval
FINDINGS
The proposed subdivision, together with the provisions for its design and improvement, is
consistent with the applicable general plan required by law. (Ref. §94-2.806 of the Ordinance
Code)
CONDITIONS OF APPROVAL
General
1. Approved Development Exhibits
This approval is generally based on the following exhibits received by the Community
Development Department listed as follows:
A. Vesting Tentative Map dated 10/5/96, Exhibits I -III.
B. Alamo Orchards& Oak Tree Plaza Final Development Plan dated 9/20/96.
C. As modified by a revised site plan prepared by George Swallow& Associates
dated 1/29/97 entitled "Scheme B", Compromise Proposal to Public Works;
except as further modified by the below listed conditions in this permit.
D. A Traffic Study of the Proposed Alamo Orchards and Oak Tree Plaza
Development, dated 12/20/96, prepared by TJKM Transportation Consultants.
E. Tree Report, Oak Plaza/Alamo Orchards, dated June 1996, prepared by
Hortscience, Inc., (James R. Clark, Certified Arborist).
2. Subdivision Size and Composition- This approval allows for a maximum of 19 lots and an
open space lot. Sixteen lots shall be for single family residential purposes; three lots shall
be for retail shopping.
Alamo Orchards&Oak Tree Plaza
Subdivision 8051
3. Contingent Approval - Approval of this vesting tentative map is contingent on adoption of
conforming general plan, rezoning/preliminary development plan and final development
plan actions by the Board of Supervisors.
4. Indemnification of Count by Applicant -Pursuant to Government Code Section 66474.9,
the applicant (including the subdivider or any agent thereof) shall defend, indemnify, and
hold harmless the Contra Cosa County Planning Agency and its agents, officers, and
employees from any claim, action, or proceeding against the Agency (the County) or its
agents, officers, or employees to attack, set aside, void, or annul, the Agency's approval
concerning this subdivision map application, which action is brought within the time
period provided for in Section 66499.37. The County will promptly notify the subdivider
of any such claim, action, or proceeding and cooperate fully in the defense.
Conditions to be Satisfied Prior to Filing a Final Map or Issuance of Grading or Building
Permits
5. Geotechnical Report - At least 45 days prior to issuance of a grading permit, or
installation of improvements or utilities, applicant shall submit two copies of a preliminary
geology, soil, and foundation report meeting the requirements of Subdivision Ordinance
Section 94-4.420 prepared and signed by a registered soil engineer and engineering
geologist for review and approval of the Zoning Administrator following opportunity for
comment by the Planning Geologist. Improvement, grading, and building plans shall carry
out the recommendations of the approved report. This report shall include evaluation of
the potential for liquefaction, seismic settlement and other types of seismically-induced
ground failure by recognized methods appropriate to soil conditions discovered during
subsurface investigation.
6. Urban Service Bounda ,yry Reorganization/Annexation to Central Sanitary District -Prior to
filing a Final Map, evidence shall be sumitted to the Community Development Department
that an urban service boundary reorganization has been consummated with the Local
Agency Formation Commission. The reorganization shall minimally provide for
annexation of the site to the Central Contra Costa Sanitary District.
7. Submittal of Revised Site Plan for the ShoppingCenter- The applicant shall submit two
copies of a revised site plan of the shopping center for the review and approval of the
Zoning Administrator. The primary objective of the review shall be to providefor
compliance with the minimum 4-foot on-site frontage planter requirement of the Off-
Street Parking Ordinance while maintaining other design standards incorporated into plans
provided to-date. The revised plan shall provide for the following:
SUB-2
Conditions to be Satisfied Prior to Filing a Final Map or
Issuance of Grading or Building Permits
A. Identify Required Road Dedication and Improvements - Identification of the
required Danville Boulevard and Orchard Court right-of-way dedication and
frontage improvements.
B. Elimination of Variance to On-Site Frontage Planter Requirement - The revised
site plan shall provide for a minimum 4-foot wide on-site planter area along the
frontages of Danville Boulevard and Orchard Court. No portion of the required
planter area shall be used for parking overhang area.
C. Compliance with Off-Street Parking Ordinance Standards - The revised plan shall
comply with the standards of the Off-Street Parking Ordinance except those
variances specifically listed in the Final Development Plan Permit.
D. Retention of Existing;Design Elements -In other respects, the revised site plan
shall generally conform with the 1/29/97 site plan. Existing design elements shall
be retained including maintenance of minimum structure setback from residential
lots and maintenance of width of the proposed esplanade. Outdoor seating area
shall be separated from(Residential)Lot 16. The tree proposed to be retained,
shall be preserved.
It is the expectation that satisfaction of the above changes may have to be
accomplished by reduction in the floor area of the proposed commercial structures.
E. Refuse Disposal - The revised site plan shall provide for a refuse storage area(s)
that are placed within the footprint of the building and be enclosed and roofed
over, while accommodating requirements to ventilate. The enclosures shall be
designed to conform to the exterior of the building.
F. Cross-Easements for Common Facilities - The site plan shall provide for mutual
cross-easements for common facilities including but not limited to access, parking,
refuse disposal. These easements shall be reflected on the final map. Alternatively,
if the applicant provides staff with a letter indicating that they intend to develop the
commercial lots as one lot, not three, then the requirement for cross-easements
shall be waived.
G. Bicycle Rack- The revised plan shall provide for a bicycle rack.
8. Submittal of a Final Landscape/Hardscape Plan for Shopping Center/Open Space Area-
Following approval by the Zoning Administrator of a revised site plan for the Shopping
Center per COA#7, the applicant shall submit four copies of a final landscape/irrigation,
development and hardscape plan of the shopping center and open space area (Lot A)
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
prepared by a landscape architect for the review and approval of the Zoning
Administrator. Upon submittal, a set of plans shall be referred to the Special Districts
Coordinator of the Public Works Department for opportunity to review and comment.
The plan shall provide for the following:
A. Minimum Plant Sizes - All proposed trees shall be a minimum of 15-gallons in size;
all shrubs shall be a minimum of 5-gallons in size.
B. Compliance with Water Conservation and Sight Obstruction Ordinance
Requirements - The plan shall contain sufficient information to demonstrate
compliance with the reporting requirements and standards of the Water
Conservation Landscaping in New Developments Ordinance (Chapter 82-26) and
Sight Obstructions at Intersections Ordinance (Chapter 82-18). The latter
ordinance applies to intersections with public roads. The Landscape Architect
shall certify on the face of the plan compliance with standards and reporting
requirements of the Water Conservation ordinance.
C. Masonry Wall - The plan shall provide for a masonry wall or tilt-up concrete wall
along the common boundary with the residential lots, but for placement inside the
commercial and open space properties. Minimally, the section of the wall
adjoining the east side of Lot A shall provide for a decorative design. Cross-
sections of the proposed wall shall be provided with design specifications.
D. Consideration of Other Park Amenities -Development of the park site shall include
consideration of benches, tables, fountains and other amenities typically found in
passive parks.
E. Plant Improvements within County Right-of--Way - The proposed plan shall also
provide for landscape improvements along the undeveloped frontage area within
the County right-of-way.
F. Prior Review by Local Community Groups of Lot A Component -Prior to
submittal to the Zoning Administrator, the applicant shall provide evidence that the
following local community groups have had an opportunity to review and
comment on the proposed landscape plans for Lot A: Alamo Improvement
Association, County Service Area R7-A(Alamo Parks and Recreation
Committee), and the Association for the Preservation of Danville Boulevard.
9. Disposition of Existing Older Victorian Residence Mumbur House) - The applicant shall
fully cooperate in the moving of the older existing Victorian residence (Humburg House)
from the site to another location.
SUB-4
Conditions to be Satisfied Prior to Filing a Final Map or
Issuance of Grading or Building Permits
A. The applicant's responsibility shall extend six months from the date of approval of
this permit, and the applicant shall be required to provide evidence for the review
and approval of the Zoning Administrator that the applicant has contributed 25%
of the cost (but not to exceed $6000).
B. This obligation of the applicant shall be null and void if any of the following are
not evidenced in a form that satisfies the Zoning Administrator within the six-
month period:
1) A relocation site is made available by a third party(ies),
2) The balance of funding of the relocation costs is demonstrated from a third
party(ies).
C. Until the six-month period expires, the applicant shall diligently attempt to avoid
any significant damage to the house.
10. Open Space/Pocket Park(Lot A) -Dedication of Land and Voidance of Any In-Lieu Fee
Obli ag tion- The following shall be submitted for the review and approval of the Zoning
Administrator. The applicant shall grant deed to the County the proposed park(Lot A) at
time of filing of the first final map. The applicant shall submit a formal request to the
Special Districts Coordinator of the Public Works Department (313-2253) for the County
Service Area R-7A to maintain the facilities. Pursuant to Article 920-6 of the County
Code, the dedication of land fulfils the project's park dedication requirement and the
applicant shall have no obligation to pay an in-lieu park fee.
Tree Protection
11. Tree Protection and Project Improvement Plans -No trees shall be removed or otherwise
altered except as authorized by this approval. The applicant shall retain the services of a
consulting arborist for all stages of development of this project. Any plan affecting trees
shall be reviewed by a Consulting Arborist with regard to tree impacts. These include, but
are not limited to, improvement plans, utility and drainage plans, grading plans, landscape
and irrigation plans, and demolition plans. These plans shall include the following
information:
A. Identification of information on Existing Trees on Project Plano - The location,
species, tree dripline, and trunk circumference of all trees identified in the
Hortscience Tree Report whose tree trunks lie within 15 m (50 feet) of proposed
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
grading or other proposed improvements or development activity (e.g.,
stockpiling of construction materials, fill, etc.), and the corresponding tree
number code assigned by the Hortscience Tree Report. All affected plans shall
plot the vertical and horizontal elevations of all trees to be preserved for the
project. The site plan shall also specifically indicate whether individual trees
are proposed to be (1) removed, (2) altered or (3)preserved without
alteration.
B. Review of Project Plans by Consulting Arborist - Evidence shall be submitted to
the responsible County agency that any plan affecting trees has been reviewed
by the Consulting Arborist with regard to tree impacts. Tree Preservation
Notes shall be included on all plans.
C. Determination of Tree Preservation Zones - Following location of tree trunks
and development of the final site plan, the applicant shall provide evidence to
the Zoning Administrator that the consulting arborist has identified a Tree
Protection Zone for trees to be preserved in which no soil disturbance is
permitted. As a general guideline, the Tree Protection Zone shall be defined
by the dripline or a circle with a radius of 10 feet from the tree trunk
(whichever is greater).
D. No underground services including utilities, sub-drains, water or sewer shall be
placed in the Tree Protection Zone.
E. Any herbicides placed under paving materials must be safe for use around trees
and labeled for that use.
F. The entry drive into Lot 7 shall be designed to minimize disturbance near trees
#846 and #847. Design shall avoid excavation for sub-base by placing on
existing grade and raising the driveway in the area around the trees.
12. Preconstruction Tree Protection Treatments -Perform the recommended pre-construction
measures in accord with the recommendations on pages 10-11 of the Hortscience Report.
Upon completion of these measures, the consulting arborist shall notify the Zoning
Administrator in writing that the measures have been completed.
13. Comprehensive Management Plan for Impacted Trees - The applicant shall provide for a
comprehensive management plan for impacted trees prepared by the consulting arborist
'An alteration to a protected tree involves any proposed trenching,grading,filling,paving,structural development or change in
ground elevation within the dripline of a tree.
SUB-6
Conditions to be Satisfied Prior to Filing a Final Map
for the review and approval of the Zoning Administrator. The plan shall follow the
recommendations contained on Pages 11 & 12 of the Hortscience report.
Conditions to be Satisfied Prior to Filing a Final Map
14. Submittal of Alternative Street Names - At least 30 days prior to filing the Final Map,
proposed street names for the proposed private road shall be submitted for review by the
Community Development Department, Graphics Section(Phone#335-1270). Alternate
street names should be submitted. The Final Map cannot be certified by the Community
Development Department without the approved street names. 11
15. Police Service District/Crime Prevention - The owner of the property shall participate in
the provision of funding to maintain and augment police services by voting to approve a
special tax for the parcels created by this subdivision approval. The tax shall be the per
parcel annual amount (with appropriate future CPI adjustment)then established at the
time of voting by the Board of Supervisors. The election to provide for the tax shall be
completed prior to the filing of the Final Map. The property owner shall be responsible
for paying the cost of holding the election, payable at the time that the election is
requested by the owner.
16. Disclosure Statement About Availability of Geotechnical Report - Applicant shall submit
two copies a proposed statement intended to be recorded to run with the deeds to
property for the review and approval of the Zoning Administrator. The proposed
statement shall acknowledge the approved geotechnical report by title, author(firm), and
date, calling attention to approved recommendations, and noting that the report is
available from the seller. The approved statement shall be recorded to run with the deeds
to property with the recording of the final map.
17. School Disclosure Statement -Prior to filing a final map, the applicant shall submit a draft
disclosure statement for the review and approval of the Zoning Administrator. The notice
shall indicate that the nearby elementary and middle school is at or near capacity and that
elementary and middle school children in the Alamo Orchards project may be required to
enroll in a school outside the neighborhood. A copy of the approved notice shall be
provided to prospective buyers. The Zoning Administrator may waive or modify this
requirement based on information from the San Ramon Valley Unified School District that
the Rancho Romero Elementary School and/or Stone Valley Middle School has adequate
capacity to accommodate students generated from this project.
18. Sound Attenuation Report - The applicant shall submit two copies of a report prepared by
a qualified acoustic engineer documenting (ultimate) noise conditions affecting the site
from projected traffic on Interstate 680 and Danville Boulevard for the review and
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
approval of the Zoning Administrator following an opportunity for comment by a
structural engineer of the Building Inspection Department. (Projected traffic levels may be
obtained from the Community Development Department, Transportation Planning
Division(335-1241). The report shall make recommendations to provide that new
residences and commercial structures shall be designed to comply with the Sound
Transmission Control Standards of the Uniform Building Code for the State of
Californial989, as amended to date. The report shall provide recommendations to assure
that interior noise levels do not exceed a Community Noise Equivalent Level (CNEL) of
45 DNL. The recommendations of the approved report shall be integrated into the design
of the habitable structures.
19. Provide Copies of Final Map to the Community Development Department -Prior to
seeking authorization of Final Map approval from the Community Development Director
or authorized deputy, the applicant shall submit two prints of the proposed final map to
the Community Development Department.
20. Payment of Any Due Supplemental Application Processing Fees - This application was
subject to an initial application fee of$14, 469 (includes rezoning, development plan,
subdivision and land use permit application fees, but not general plan fee)which was paid
with the application submittal, plus time and material costs if the application review
expenses exceed 120% of the initial fee. The initial fee encompassed fees for related
applications including rezoning, and final development plan. Any additional fee due must
be paid within 60 days of the permit effective date or prior to filing a final map, whichever
occurs first. The fees include costs through permit issuance plus five working days for file
preparation. The applicant may obtain current costs by contacting the project planner. If
the applicant owes additional fees, a bill will be sent to the applicant shortly after permit
issuance.
21. Review of Rear and Side Building Elevations for Orchard Lane Residences - The applicant
shall submit two copies of proposed building elevations for the sides and rear of proposed
residences on Lots 1- 13 (Orchard Lane/Court) for the review and approval of the Zoning
Administrator. These elevations shall provide for similar materials, detailing and massing
variety as are shown on the front elevations. The approved elevations shall be made a
requirement of residential design at time of issuance of building permits.
22. Fencing Plan for Residential Lots - The applicant shall submit a fencing plan for the side
and rear property lines of proposed residential lots for the review and approval of the
Zoning Administrator. The plans shall be accompanied by a section of the proposed
fencing with design specifications. The approved fencing shall be incorporated into the
construction plans for each residence and installed prior to occupancy of the respective
residence. The approved fence plan shall become a requirement of the Final Development
SUB-8
Conditions to be Satisfied Prior to Filing a Final Map
Plan. Fencing that is exposed to public view shall be of a substantial and decorative
design.
23. Orchard Court Residential Area Monument Signage - The proposed monument signs at
the Orchard Court entrance to the proposed residential area within the public right-of-way
shall not be allowed unless specifically authorized by the Public Works Department
following application for encroachment permit.
Energy Conservation and Provision for Electric Vehicles
24. Prior to filing a final map, the applicant shall provide evidence for the review and approval
of the Zoning Administrator that the following standards will be satisfied:
A. Florescent Light Fixtures - Include fluorescent fixtures. In addition to the
requirements for fluorescent lighting in kitchens and bath as prescribed by the
Energy Standards, all fixed lighting in non-living space (i.e., closets, garages,
utility rooms, or storerooms) shall accept fluorescent bulbs. This use would not be
included in the Title 24 compliance package for the home; it would be included as
an additional conservation measure. All homes should initially be outfitted with
fluorescent bulbs where appropriate. This shall be a condition of final map
approval and verified before issuance of the occupancy permit.
B. Energy Conservation - The developer(s) shall comply with the California Energy
Commission energy budget limits by utilizing the most current CEC prescriptive
packages available. The developer(s)will indicate what package (or performance
standard) they are utilizing during the Building Department plan checking process.
C. Energy Conservation Brochures for Homeowners -Provide all new homeowners
with a copy of Home Energy Manual (California Energy Commission 1992a), as
currently required by the Energy Standards. The manual provides useful
information to homeowners on a wide variety of energy-conserving features,
designs, appliances, and practices. This pamphlet should be provided in the home
as any other home/appliance warranty documentation. Compliance should be
verified by the County before issuance of an occupancy permit.
D. Separate Electrical Circuit for Charging Electrical Vehicles - The developers shall
provide, within the garage area of all new homes, a separate electrical circuit for
charging of electrical-powered vehicles.
Public Works Conditions
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
General:
25. Improvement plans prepared by a registered civil engineer shall be submitted to the
Public Works Department, Engineering Services Division, along with review and
inspection fees, and security for all improvements required by the Ordinance Code or
the conditions of approval for this project.
Road Improvements (Frontage):
General
26. A sketch plan shall be submitted for review to the Public Works Department, Engineer-
ing Services Division, showing all required frontage improvements along Danville
Boulevard, Orchard Court and Jackson Way prior to starting work on the improvement
plans. The sketch alignment plan shall be to scale and show on/off-site transitions, as
necessary, curb lines, lane striping details, cross-sections and trees proposed to be
preserved. The sketch plan shall extend a minimum of 30.0 meters (100-feet±)
beyond the limits of the proposed work. The sketch alignment plan shall also include
adequate information to show that adequate sight distance has been provided. The
design speed for Danville Boulevard shall be 80.5 km/h (50-mph±). The design speed
for Orchard Court and Jackson Way shall be 48.0 km/h (30-mph±).
27. Applicant shall provide standard driveway depressions at the driveways serving the
commercial site. The driveways shall be 3.0 meters (10-feet±) in depth (as measured
from the face of curb) and a minimum of 8.5 meters (28-feet±) in width.
28. Applicant shall install safety related improvements including intersection controls
(excluding the proposed signal at the intersection of Danville Boulevard/Orchard Court),
traffic signs and striping, as necessary, subject to the review and approval of the Public
Works Department, Transportation Engineering Division.
Danville Boulevard
29. Applicant shall construct curb, 1.5 meter (5-foot ±) separated (at least 2-feet from the
curb) sidewalk (width measured from curb face), necessary longitudinal and transverse
drainage, street lighting, border landscaping and irrigation, and pavement widening
along the frontage of Danville Boulevard.
30. Applicant shall narrow the Danville Boulevard roadway at the north side of Orchard
Court to one northbound lane and an 8-foot shoulder, with face of curb constructed
SUB-10
Public Works Conditions of Approval
19.5 meters (64-foot ±) from the face of curb on the west side of Danville Boulevard.
The additional peninsula area will be landscaped by the applicant. Construct a right
turn lane into the commercial driveway with face of curb located 22.3 meters (73-feet
±) from the face of curb on the west side of Danville Bouevard. Narrow the Danville
Bouelvard roadway to a 18.9 meter (62-foot ±) width between the commercial
driveway and Jackson Way. A transition shall be provided from the north side of the
driveway entrance to the curb north of the driveway, subject to the review of Public
Works.
31. Applicant shall construct a 6.1 meter (20-foot±) radius curb return at the southeast
corner of the Danville Boulevard/Jackson Way intersection and at the northeast corner
of the Danville Boulevard/Orchard Court intersection.
Orchard Court
32. Applicant shall construct curb, 1.5 meter (5-foot±) sidewalk (width.measured from
curb face), necessary longitudinal and transverse drainage, street lighting, border
landscaping and irrigation along the frontage of Lot 19, pavement widening and
necessary off-site transitions along the frontage of Orchard Court. Sidewalk shall be
constructed along the commercial frontage on the north side of Orchard Court.
33. Applicant shall construct the face of curb on the north side of Orchard Court, between
Danville Boulevard and the easterly end of lot 19, 11.0 meters (36-feet±) from the
existing curb on the south side of Orchard Court. On the south side, the curb along the
frontage of lots 11-13 shall be constructed 3.0 meters (10-feet±) from the ultimate
right of way line. If the existing curb on the south side of Orchard Court immediately
west of the project is located less than 3.0 meters (10-feet±) from the ultimate right of
way line, the new curb along the frontage of Lots 11-13 shall be located along a line
that is consistent with the existing curb line to the west. Between the easterly end of lot
19 and the end of the project frontage on the north side of Orchard Court, the curb
shall be constructed 9.8 meters (32-feet±) from the newly extended curb line along the
south side. A transition shall be provided along the north side curb from the easterly
end of lot 19 to the westerly curb return at Orchard Lane, subject to the review of
Public Works.
Jackson Way
34. Applicant shall construct curb, 1.5 meter (5-foot±) sidewalk (width measured from
curb face), necessary longitudinal and transverse drainage, street lighting, pavement
widening and necessary off-site transitions along the frontage of Jackson Way. The
sidewalk design may be a combination of monolithic and separated sidewalk or an
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
entirely separated sidewalk to account for the existing trees that are to remain in Lot A
and along the frontages of Lots 14-16. The Jackson Way sidewalk shall meander. No
sidewalk or streetlights shall be required along the residential frontage of this property.
35. The garage doors for each of the Jackson Way residences shall be located at least 20-
feet from the face of curb or the back of sidewalk whichever is greater, at the
driveways. The garage doors shall be equipped with vertical rise garage door openers.
At time of review of improvement plans, the applicant shall provide evidence to the
Public Works Department and for the review and approval of the Zoning Administrator
in the Community Development Department demonstrating how this setback standard
can be met. Improvement plans shall be accompanied by residential site plans
conforming to the plans in the Final Development Plan.
36. Applicant shall construct the face of curb 9.8 meters (32-feet±) from the existing curb
on the north side of Jackson Way from the end of the curb return at Danville
Boulevard, east approximately 15.2 meters (50-feet±). The curb shall then transition to
a width of 8.5 meters (28-feet±), as measured from the existing curb on the north side,
in the vicinity of the existing oak tree, which is proposed to be saved, located
approximately 33.5 meters (110-feet±) from the end of the curb return at Danville
Boulevard. The 8.5 meters (28-feet±) width, as measured from the existing curb on
the north side, shall be maintained for the remainder of the project frontage. The
transition shall be subject to the review of Public Works.
Specific Off-Site Road Improvements:
37. Applicant shall contribute $27,500, or provide other security acceptable to the Public
Works Department, to a Road Improvement Fee Trust (Fund No. 819200-0800)
designated for road improvements and signal construction at the intersection of Danville
Boulevard/Orchard Court. If the signal is not constructed within 5 years of the issuance
of occupancy of the commercial property, the contribution made to the Road
Improvement Trust shall be returned to the applicant.
Access to Adjoining Property:
Proof of Access/Acquisition
38. Applicant shall furnish necessary rights of way, rights of entry, permits and/or
easements for the construction of off-site, temporary or permanent, public and private
road and drainage improvements.
SUB-12
Public Works Conditions of Approval
39. Applicant shall furnish proof to Public Works that legal access to the property is
available from Danville Boulevard, Orchard Court and Jackson Way.
Site Access
40. Driveway access to lots 17-19 (commercial site) shall be subject to the review of Public
Works and the review and approval of the Zoning Administrator.
Private Road (Orchard Lane):
41. Applicant shall construct Orchard Lane to County private road standards with a 9.8
meter (32-foot±) paved width and curb within an 11.0 meter (36-foot±) easement.
42. Applicant shall construct a street-type connection at Orchard Court with 6.1 meter (20-
foot±) radius curb returns.
43. Applicant shall construct a paved turnaround at the end of the proposed private road.
Road Dedications:
44. Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the ultimate width of 27.7 meters (91-feet±), from Orchard Court to the
northern end of the Danville Boulevard driveway entrance, transitioning northward to a
width of 24.7 meters (81-feet±), along the remainder of the frontage of Danville
Boulevard up to Jackson Way.
45. Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the ultimate width of 16.5 meters (54-feet±) along the Orchard Court
frontage of lot 19.
46. Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary for the ultimate width of 15.9 meters (52-feet±) along the Orchard Court
frontages of lots 1, 10, and 11-13.
47. Applicant shall convey to the County, by Offer of Dedication, the right of way
necessary to establish the ultimate right of way line on the south side of Jackson Way
0.3 meters (1-foot±) behind the face of curb along the south side of Jackson Way.
Public Utility/Sidewalk Easement:
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
48. Applicant shall provide a 2.7 meter (9-foot±) public utility easement behind the right
of way line along the entire frontage of Jackson Way. Improvement plans shall provide
for information on nearby existing trees as specified in Condition #11 and be
accompanied by:
A. Two copies of the June 1996 Tree Report prepared by Hortscience, Inc.
referenced in Condition LE. identifying trees within the project to be saved;
B. Two copies of an updated report from a licensed arborist on the proposed
Jackson Way frontage improvement plans indicating measures to assure
avoidance of damage by construction activity of the trees which are in the
vicinity of the proposed improvements.
C. The recommended tree protection measures of the arborist shall be integrated
into the improvement plans, and shall be stampted by the arborist as evidence
that all applicable measures have been integrated into the improvement plans.
49. Applicant shall provide a 0.9 meter (3-foot±) public utility and sidewalk easement
behind the right of way line along the entire frontage of Danville Boulevard, or,
provide a public utility and sidewalk easement behind the right of way line that extends
to a distance of 0.9 meters (3-feet±) behind the sidewalk, whichever distance is
greater.
Street Lighting:
50. Applicant shall apply for annexation to County Service Area L-100 for maintenance of
public street lighting prior to filing the first Final Map. Annexation does not imply a
requirement to install street lights.
51. Street lights shall be installed along the frontage of Danville Boulevard and along the
commercial frontage of Orchard Court. The final number and location of the lights
shall be determined by the Public Works Department.
52. Street lights shall be installed along the park frontage of Jackson Way and along the
commercial frontage of Orchard Court. The final number and location of the lights
shall be determined by the Public Works Department.
Pedestrian Facilities:
SUB-14
Public Works Conditions of Approval
53. All public pedestrian facilities and access ways shall be designed in accordance with
Title 24 (Handicap access) and the Americans with Disabilities Act. This shall include
all sidewalks, paths, trails, driveway depressions, as well as handicap ramps.
Parking:
54. "No Parking" signs shall be installed along Danville Boulevard, subject to the review
and approval of the Public Works Department.
55. "No Parking" signs shall be installed along the south side of Jackson Way, from
Danville Boulevard east to the end of the project frontage, subject to the review and
approval of the Public Works Department.
56. "No Parking" signs shall be installed along the north side of Jackson Way, between
Danville Boulevard and Garden Estates Court, subject to the review and approval of the
Public Works Department.
57. "No Parking" signs shall be installed along Orchard Court, from Danville Boulevard to
the east side of the commercial driveway access, subject to the review and approval of
Public Works.
Utilities/Undergrounding:
58. All utility distribution facilities shall be installed underground, including existing
overhead distribution facilities, if any, along the frontage of Danville Boulevard,
Orchard Court and Jackson Way.
Maintenance of Facilities:
59. Applicant shall develop and enter into a maintenance agreement that will insure that the
proposed private road (Orchard Lane) will be maintained, and that each parcel in this
subdivision that will use the proposed private road will share in its maintenance.
Drainage Improvements:
60. Division 914 of the Ordinance Code requires that all storm waters entering or
originating within the subject property shall be conveyed, without diversion and within
an adequate storm drainage facility, to a natural watercourse having definable bed and
banks, or to an existing adequate public storm drainage facility which conveys the
storm waters to a natural watercourse.
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
61. Applicant shall verify the adequacy of any downstream public drainage facility that will
receive run-off from this project.
62. Storm drainage facilities required by Division 914 shall be designed and constructed in
accordance with specifications outlined in Division 914 and in compliance with design
standards of the Public Works Department.
63. Storm drainage originating on the property and conveyed in a concentrated manner
shall be prevented from draining across the sidewalk(s) and driveway(s).
64. The applicant shall install within a dedicated drainage easement any portion of the
drainage system which conveys run-off from public streets.
65. To reduce the impact of additional storm water run-off from this development on San
Ramon Creek, 0.76 m3 (one cubic yard) of channel excavation material will be removed
from an inadequate portion of San Ramon Creek for each 4.6 m2(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.
66. Upon written request, the applicant may make a cash payment in lieu of actual excavation
and removal of material from the creek. The cash payment will be calculated at the rate of
$1.08 per m2($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 the creek annually.
National Pollution Discharge Elimination System:
67. Applicant shall comply with all rules, regulations and procedures of the National Pollutant
Discharge Elimination Systems.
68. Applicant shall obtain a General Construction Activity Storm Water Permit. A Notice of
Intent for this permit shall be submitted to the State Water Resources Control Board and a
copy of the Notice provided to Building Inspection prior to the issuance of a Grading
Permit. A storm water pollution prevention plan(SWPPP)and monitoring program may be
required with this permit.
69. Prior to filing the first Final Map, applicant shall develop a comprehensive storm water
quality plan for the reduction or elimination of storm water pollutants as a result of this
project. This plan and project design shall incorporate some or all of the following long-
SUB-16
Public Works Conditions of Approval
term BMP's in accordance with the Contra Costa Clean Water Program for the site's storm
water drainage.
- Shallow roadside swales. Curb may be eliminated along Orchard Lane, subject to
the review of Public Works.
- Use of pavers for driveways and household walkways. This will reduce the amount
of directly connected impervious surface area.
- Filtering inlets.
- Stencil all storm drain inlets with"No Dumping Drains To Delta" using
thermoplastic tape.
- Street sweeping. Street sweeping shall occur at least once a year between
September 1 and October 15. Verification shall be submitted to the Contra Costa
Clean Water Program.
- Annual public education.
- Other alternatives as approved by the Public Works Department.
70. Development and implementation of BMP's for this project may require the modification
of the project site plan and/or the provision of additional road right of way beyond that
which is required by these conditions of approval and/or the elimination of lots.
71. Applicant shall submit a storm water quality maintenance plan. This plan shall demonstrate
a secure and perpetual funding source and maintenance entity that shall be responsible for
maintenance of clean water/private drainage facilities.
72. The storm water quality plan and maintenance plan shall be subject to the review of Public
Works and the review and approval of the Zoning Administrator.
Fees:
73. Applicant shall comply with the requirements of the Bridge/Thoroughfare Fee Ordinance
for the Alamo Area of Benefit as adopted by the Board of Supervisors. The applicant shall
pay the Alamo Area of Benefit fee in effect at the time of Building Permit issuance, unless
the applicant's vesting rights under the vesting tentative map are in effect in which case
the applicant shall pay the fee in effect at time of the effective date of the adoption of
County File#RZ963045.
74. Applicant shall comply with the adopted Ordinance requirements for the Southern Contra
Costa Fee Areas (Southern Contra Costa Regional Fund only) as outlined in the SCC
JEPA.
75. Applicant shall be required to comply with the drainage fee requirements for Drainage
Area 13 as adopted by the Board of Supervisors.
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
Metric Units:
76. The County Public Works Department is requiring that all first check submittals and
accompanying calculations including subdivision grading plans, improvement plans,
hydrology and hydraulic maps, final maps, parcel maps, right of way plat maps and
descriptions will be in metric units. Exceptions may be permitted by the Public Works
Department, Engineering Services Division, based upon evidence of substantial hardship.
Construction Period Restrictions
77. Contractor and/or developer shall comply with the following construction, noise, dust and
litter control requirements:
A. Limitation on Noise Generating Construction Activit X-Noise generating
construction activities, including such things as power generators playing loud
music or radios, shall be limited to the hours of 8:00 A.M. to 5 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.
B. Limitations on Contractors and Subcontractors - The project sponsor shall require
their contractors and subcontractors to fit all internal combustion engines with
mufflers which are in good condition and shall locate stationary noise-generating
equipment such as air compressors and concrete pumpers as far away from
existing residences as possible.
C. Notification of Neighbors and CDD Prior to Commencement of Grading Activity-
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 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 indicate and implement corrective action in their area of responsibility. The
names of individuals responsible for noise and litter control, tree protection,
construction traffic and vehicles, erosion control, and the 24-hour emergency
number, shall be expressly identified in the notice. The notice shall be re-issued
with each phase of major grading and construction activity.
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Setting of Vesting Date
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 map identifying the area
noticed.
D. Litter Control - The applicant shall be responsible for making a good-faith effort at
keeping the construction site in a litter-free state as reasonably possible.
E. Avoid Interference with Neighborhood Traffic - The applicant shall make a good-
faith effort to avoid interference with existing neighborhood traffic flows. Prior to
issuance of building permits, the proposed roads serving this development shall be
constructed to provide access to each lot. This shall include provision for an on-
site area in which to park earth moving equipment.
F. Transporting of heavy equipment and trucks shall be limited to week days between
the hours of 9:00 AM and 4:00 PM.
G. The site shall be maintained in an orderly fashion. Following the cessation of
construction activity, all construction debris shall be removed from the site.
78. Discovery of Archaeological Materials - Should archaeological or other historical
materials be uncovered during grading, trenching or other on-site excavation(s),
earthwork within 30 yards of these materials shall be stopped until a professional
archaeologist who is certified by the Society of Professional Archaeology(SOPA) has had
an opportunity to evaluate the significance of the find and suggest appropriate mitiga-
tion(s), if deemed necessary.
79. Tree Protection During Construction -Development shall be in accord with the Tree
Protection Measures During Construction identified on page 11 of the Hortscience report.
Setting of Vesting Date for Purposes of Determining Substantial Compliance with
Ordinances (including Fees), Policies, and Regulations, and Fee Credit for Existing
Residences
80. Setting of Vesting Date - Approval of Rezoning File#RZ953045 is conditioned to require
that the Vesting Date for purposes of this Vesting Tentative Map and determining
substantial compliance with ordinances (including fees), policies, and regulations has been
set at the date that the new zoning on the property went into effect.
81. Credit for Fees Charged on a Per Residence Basis- The applicant shall be given credit for
fees assessed on a per residence basis (traffic, park dedication, etc.) for the six residences
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Alamo Orchards&Oak Tree Plaza Setting of Vesting Date
Subdivision 8051
that existed at the site at time of rezoning application submittal or at time of
commencement of processing development applications at this site.
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AdvisoryNotes
Advisory Notes
PLEASE NOTE ADVISORY NOTES ARE ATTACHED TO THE CONDITIONS OF APPROVAL
BUT ARE NOT A PART OF THE CONDITIONS OF APPROVAL. ADVIOSRY NOTES ARE
PROVIDED FOR THE PURPOSE OF INFORMING APPLICANTS OF OTHER LEGAL
REQUIREMENTS THAT MUST BE SATISFIED IN ORDER FOR DEVELOPMENT TO
PROCEED.
A. Fish & Game Requirements - This project may be subject to the requirements of the
Department of Fish and Game. It is the applicant's responsibility to notify the Department of
Fish and 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 and Game
Code.
B. Army Corps of Engineers RequirementsThis project may be subject to the requirements of the
U.S. Army Corps of Engineers. It is the applicant's responsibility to notify the appropriate
district of the Corps of Engineers to determine if a permit is required, and if it can be obtained.
C. Comply with the requirements of the Central Sanitary District.
D. Comply with the requirements of the San Ramon Valley Fire Protection District.
E. Comply with the requirements of the Health Services Department, Environmental Health
Division. Existing septic tanks and old wells shall be destructed under Environmental Health
permits and inspections (646-2521).
F. Comply with the requirements of the Building Inspection Department. Building permits are
required prior to the construction of most structures.
G. Vesting-This project is subject to the development fees in effect under County Ordinance
as of the date that adoption of Rezoning File #RZ963045 becomes effective pursuant to the
approval of that rezoning. For purposes of the vesting tentative map, that date shall serve as
the vesting date for development within this project. The following fees are in addition to any
other development fees which may be specified in the conditions of approval.
The fees include but are not limited to the following:
Child Care $400 per residence.
An estimate of the fee charges for each approved lot may be obtained by contacting the
Building Inspection Department at 335-1192.
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Alamo Orchards&Oak Tree Plaza
Subdivision 8051
H. Expiration of Vested Rights: Pursuant to Section 66452.6(g) of the Subdivision Map act, the
rights conferred by the vesting tentative map as provided by Chapter 4.5 of the Subdivision
Map act shall last for an initial period of two (2) years following the recording date of the
final/parcel map. These rights pertain to development fees and regulations. Where several final
maps are recorded on various phases of a project covered by a single vesting tentative map, the
initial time period shall begin for each phase when the final map for that phase is recorded.
At any time prior to the expiration of the initial time period, the subdivider may apply for a one-
year extension. The application shall be accompanied by the applicable filing fee. If the
extension is denied by an advisory agency, the subdivider may appeal that denial to the Board
of Supervisors by filing a letter of appeal with the appropriate filing fee with the Clerk of the
Board within 15 calendar days.
The initial time period may also be subject to automatic extension pursuant to other provisions
of Section 66452.6(g) relating to processing of related development applications by the
County.
At the expiration of the vesting time period, remaining development (i.e., new building permits)
within the subdivision shall be subject to development fees and regulations in effect at that time.
I. Police Services District Election Fee and Annual Per Parcel Fee - The applicant is advised that
the tax for the police services district is currently set by the Board of Supervisors at $200 per
parcel annually(with appropriate future Consumer Price Index(CPI) adjustments). The annual
fee is subject to modification by the Board of Supervisors in the future. The current fee for
holding the election is$800 and is also subject to modification in the future. The applicable tax
and fee amounts will be those established by the Board at the time of voting. The applicant is
advised that the election process takes from 3 to 4 months and must be completed prior to the
acceptance of the Final Map.
J. Dust Control - Comply with the dust control requirements of the Ordinance Code which is
administered by the Building Inspection Department, Grading Division(335-1119).
K. School District Fees - At time of issuance of building permits, the applicant shall pay any
applicable fees to the San Ramon Valley Unified School District.
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SUB-22
FINDINGS AND CONDITIONS OF APPROVAL FOR FINAL
DEVELOPMENT PLAN FILE #DP963030 (Alamo Orchards & Oak Tree Plaza)
(Alamo Orchards, LLC - Applicant; Hall & Lindemann - Owners) Per May 13,
1997 Board of Supervisors Approval
FINDINGS
A. Planned Unit District
1. The applicant intends to start construction within two and one-half years from the
effective date of the zoning change and plan approval,
2. The proposed planned unit development is consistent with the county general plan;
3. In the case of residential development, it will constitute a residential environment
of sustained desirability and stability, and will be in harmony with the character of
the surrounding neighborhood and community;
4. In the case of commercial development, it is needed at the proposed location to
provide adequate commercial facilities of the type proposed, and that traffic
congestions will not likely be created by the proposed center, or will be obviated
by presently projected improvments and by demonstrable provisions in the plan for
proper entrances and exits, and by internal provisions for traffic and parking, and
that the development will be an attractive and efficient center which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development;
5. The development of a harmonious integrated plan justifies exceptions from the
normal application of this code.
(Ref. §84-66.1406 of the County Code)
B. Variances to Parking Design Standards
1. The variance authorized does not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the
respective land use district in which the subject property is located.
2. That because of special circumstances applicable to the subject property because of
its size, shape, topography, location or surroundings, the strict application of the
respective zoning regulations is found to deprive the subject property of rights
enjoyed by other properties in the vicinity and within the identical land use district.
Final Development Plan File#DP963030
Alamo Orchards&Oak Tree Plaza
3. The variance authorized substantially meets the intent and purpose of the
respective land use district in which the subject property is located.
(Ref. §26-2.2006 of the County Code)
CONDITIONS OF APPROVAL
General
1. This Final Development Plan is approved as generally shown on the following plans and
related documents:
A. Alamo Orchards & Oak Tree Plaza Final Development Plan booklet, dated
9/20/96.
B. As modified by a revised site plan prepared by George Swallow and Associates
dated 1/29/97 entitled"Scheme" B, Compromise Proposal to Public Works,
except that this design shall be modified to conform to conditions contained in the
approval of Vesting Tentative Map 8051 affecting the same property.
C. Tree Report, Oak Plaza/Alamo Orchards, dated June 1996, prepared by
Flortscience, Inc. (James R. Clark, Certified Arborist)
2. This project is approved for 16 residential lots, three retail commercial lots, and an open
space pocket park.
3. Phasing of Development - Prior to issuance of a certificate of occupancy on any of
the commercial structures on Lots 17 - 19, a certificate of occupancy for a
residence shall have been issued on at least one each of the two sets of lots listed
below:
Lots 1 - 13 (Orchard Court/Lane); and
Lots 14 - 16 (Jackson Way).
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Alamo Orchards&Oak Tree Plaza
Development Requirements for Retail Shopping Area
4. Consistency with Plans Approved at Time of Final Map -Development shall be in accord
with the revised site plan and final landscape plans approved by the Zoning Administrator
prior to approval of the final map.
5. Siszn Restrictions and Sign Review Program - This site shall be subject to the restrictions
of the S-2, Sign Control Combining District (Chapter 88-9). Prior to issuance of the first
building permit for the commercial lots, the applicant shall submit a sign control program
for the review and approval of the Zoning Administrator, and pay the required processing
fee.
A. The project shall be limited to one free-standing sign whose content shall be
limited to identifying the generic name of the shopping center and street address,
unless the entire three lots is occupied by a single tenant in which case that tenant's
name may appear on the sign. In other instances, tenant identification shall be
limited to wall mounted signs or signs hung over the esplanade.
B. The proposed monument sign at the intersection of Danville Boulevard and
Orchard Court is denied.
6. Review of Development Plans -Prior to issuance of a building permit for any of the
proposed commercial structures, the applicant shall submit the construction plans for the
review and approval of the Zoning Administrator. The plans shall be accompanied by a
color palette and sample exterior materials. The roofs and exterior walls of the buildings
shall be free of such objects as air conditioning or utility equipment, television aerials, etc.
, or screened from view. Colors of roofs and exterior materials shall not be reflective from
a distance.
A. The plans shall provide refuse disposal areas to serve all tenants. These areas shall
be enclosed and roofed while providing necessary openings for ventilation. The
exterior of the refuse disposal areas shall match the design of the main commercial
building.
B. The plans shall incorporate any recommendations in the approved acoustic report
required at time of filing the final map. Any applicable recommendations shall be
noted on the construction plans and otherwise integrated into the design of the
structure.
7. Installation of Landscape Improvements for Commercial Complex and Park-Prior to
issuance of the first commercial building permit, the applicant shall
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Final Development Plan File#DP963030
Alamo Orchards&Oak Tree Plaza
• provide two copies of a detailed cost estimate prepared by a licensed landscape
architect or licensed landscape contractor of the landscape, irrigation, and
development plans for the commercial and park areas that have been approved by
the Zoning Administrator. The estimate shall be subject to review and approval of
the Zoning Administrator following opportunity to comment by the Special
Districts Coordinator of the Public Works Department (335-2253).
• provide a bond or other security acceptable to the Zoning Administrator in the
amount of the approved estimate. The security shall assure that (1) the approved
improvements are timely installed and (2) assure the replacement of any approved
plants and/or irrigation improvements that fail or are failing in the year following
the initial acceptance of the improvements by the Zoning Administrator as
complete. The security shall be retained by the County at least 12 months
following the initial acceptance of the improvements. The security shall be
accompanied by the appropriate processing fee (check with the Community
Development Department staff person for filing fee amount.)
At least two weeks prior to seeking the certificate of occupancy of the first commercial
building permit, the applicant's landscape contractor or landscape architect shall notify in
writing the Zoning Administrator and Special Districts Coordinator that the improvements
in the approved landscape plan (including irrigation, masonry wall and other development
improvements) have been completed in accord with the approved plans. Until the Zoning
Administrator verifies substantial completion of the approved improvements, the
certificate of occupancy shall not be issued.
8. Maintenance of Approved Landscaping - Owners of the commercial complex shall be
responsible for maintaining the approved landscaping and irrigation for the commercial
complex, and frontage area within the public right-of-way in good condition at all times.
9. Variances to the Standards of the Off-Street Parking Ordinance - Variances to the
requirements of the Off-Street Parking Ordinance are approved as follows:
A. All spaces - A two-foot overhang is allowed provided that it does not encroach
on the required on-site minimum four-foot planter strip. (The
ordinance does not allow overhang of parking spaces.)
B. 15 spaces - 8 foot x 17 foot (compact) parking spaces.
10. Lighting -Exterior lighting shall be designed so as to avoid off-site glare. Prior to
issuance of building permits allowing for exterior lighting, construction plans shall be
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Final Development Plan File#DP963030
Alamo Orchards&Oak Tree Plaza
submitted for the review and approval of the Zoning Administrator to demonstrate how
this objective shall be maintained.
Allowed, Restricted and Prohibited Uses within the Project
11. Permitted Uses -Except as otherwise listed below, permitted uses within the Retail
portion of this site shall allow for carrying on of a retail business as defined in Section 82-
4.216 of the County Code provided all the sales, demonstrations, displays, services and
other activities of the retail business are conducted within an enclosed building, except that
off-street parking and loading shall be permitted.
12. Restricted Uses -Prior to the establishment of any of the below listed uses, the following
shall apply:
A. Dry Cleaning - The applicant shall provide evidence that from the Health
Services Department, Environmental Health Division, Hazardous Materials
Section that the proposed use complies with the hazardous materials laws;
and from the Bay Area Air Quality Management District, that the operation
will comply with the laws administered by the District concerning air
quality. Further, any dry cleaning operation shall be limitied to drop-off
and pick-up of goods; on-site processing is prohibited.
B. Loading Activity - Loading activity serving the commercial tenants shall be
conducted on the commercial site, not on the public street or park, and not
within 15 feet of a residential property.
13. Uses Requiring Approval of an Application for Modification to the Final
Development Plan - Prior to establishment, the following activities shall require
approval of an application to modify the final development plan:
A. Other retail businesses where the sales, demonstrations, displays, services
and other activities, or some of them are conducted other than in an
enclosed building.
B. Animal hospital or commercial dog kennel.
C. Commercial radio and television receiving and transmitting facilities other
than broadcasting studios and business offices.
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Final Development Plan File#DP963030
Alamo Orchards&Oak Tree Plaza
D. Religious institutions, parochial and private schools including nursery
schools.
E. Community clubs and activities of a quasi-public, social, fraternal or
recreational character.
F. Eleemosynary and philanthropic institutions.
14. Uses Requiring Approval of a Land Use Permit - Prior to establishment, the
following activities will be required to apply for and obtain a land use permit
pursuant to the referenced Chapter of the Zoning Code as indicated below:
A. Use or storage of a significant amount of hazardous materials in accord
with the applicable hazardous materials ordinance.
15. Prohibited Land Uses - The following land uses shall be prohibited within any
portion of the project: churches, hospitals, hotels, motels, convalescent homes,
adult entertainment business, sale of firearms, cabaret, restaurant, take-out food
operation, and retail liquor stores.
Residential Lots (Lots 1 - 16)
16. Construction plans of all lots shall all provide for the following:
A. Automatic sectional garage doors.
B. Landscape/irrigation fencing plans for the frontyard areas certified for compliance
by a suitable professional for compliance with the Water Conservation
Landscaping in New Developments Ordinance. The landscaping and fencing shall
be installed prior to issuance of certificate of occupancy of the residential unit.
C. Construction plans on lots containing existing trees to be protected shall referred
to a consulting licensed arborist at the applicant's expense to advise as to
appropriate protective measures in accord with the recommendations in the 6/96
Hortscience Tree Report.
D. The plans shall incorporate any recommendations in the approved acoustic report
required at time of filing the final map. Any applicable recommendations shall be
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Final Development Plan File#DP963030
Alamo Orchards&Oak Tree Plaza
noted on the construction plans and otherwise integrated into the design of the
structure.
17. The guide for development including dimensional and use requirements shall be
the Single Family Residential District, R-6, except as follows:
A. Lots 1 - 13 (Orchard Court/Lane)
1) Development shall be limited to two stories.
2) The structure setback at face of garage shall be at least 16 feet from edge
of sidewalk or edge of street whichever is nearer for Lots 1 - 10 (Orchard
Lane), and shall be at least 20 feet for Lots 11 - 13 (Orchard Court). The
balance of the structure shall be setback at least 20 feet from edge of
sidewalk or edge of fronting street whichever is nearer, except Lots 4 and
7, which may be placed within 5 feet of the edge of fronting street.
3) The rearyard setback shall be at least 15 feet.
4) Development shall be in accord with the side and rear elevations approved
at time of filing the final map.
B. Lots 14 - 16 (Jackson Way)
1) Development shall be limited to one story.
2) Frontyard structure setback at the garage measured from edge of sidewalk
shall be at least 20 feet; otherwise it shall be at least 15 feet.
3) The rearyard setback shall be at least 13 feet.
4) The minimum sideyard setback shall be at least five feet with an aggregate
sideyard setback of at least 15 feet.
All dimensional requirements are subject to further review and approval by the Zoning
Administrator prior to issuance of a building permit. Any modification of these
requirements shall be as determined by the Zoning Administrator.
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