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HomeMy WebLinkAbout29-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE --~ IN THE MATTER OF: ) ) Establishing Regulations Applicable ) to the Development of Land Located ) Within Scenic Hillside and Ridgeline ) ORDINANCE NO. 2~r_8~ Areas and Defining the Areas to Which) the Regulations Apply and; Amending ) the Zoning 1,lap to Show the Scenic ) Hillside and Ridgeline Area ) ) The City Council of the City of Danville DOES ORDAIN as follows: SECTION 1. Chapter 50 entitled "Scenic Hillside and Major Ridgeline Development" and comprising sections 8-5001-8-5013 is added to Title 8 of the Danville Municipal Code to read as follows: Chapter 50 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT Section 8-5001 Findings and Declaration of Intent Section 8-5002 Definitions Section 8-5003 Applicability and Relation to Other Land Use Regulations Section 8-5004 Uses of Scenic Hillside and Major Ridgeline Land Section 8-5005 Application for Scenic Hillside Development Permit Section 8-5006 Area Required for Lots on Scenic Hillside and Major Ridgeline Lands Section 8-5007 Standards for Plan Review and Approval Section 8-5008 Additional Development Requirements Section 8-5009 Dedication Section 8-5010 Exception to Permit Development Within 100 Feet of Major Ridgeline Section 8-5011 Map Section 8-5012 Exceptions to Chapter Section 8-5013 Appeal ~a9_~_8-5001. Findin~_~DtL~~&~R_~_~n~eil~. (a) The City Council finds that: (1) There are hills and ridges within the City which because of their physical dominance of the City's landscape constitute significant natural topographical features and comprise a large part of the natural open space and scenic resources of the community; -1- (2) It is desirable to require in these areas an alternative approach to traditional and conventional flat land practices of residential development, to keep grading and cut and fill operations consistent with the retention of the natural character of the hillside and ridgeline areas, and to preserve the predominant views both from and of the hillside and ridgeline areas; (3) Active and passive recreational open spaces are desirable and necessary to maintain the quality of life enjoyed by the residents of the community; (4) The retention of scenic hillsides and ridgelines in as near a natural state as is feasible consistent with the rights granted by law to property owners to develop their properties is important to the community's aesthetic qualities andd will preserve a desirable visual identity of the City; (5) Hillside development requires special attention to the provision of public facilities and improvements in order to protect the health and safety of human life and property; (6) The repair and stabilization of unsafe slide areas is crucial to the health, safety and welfare of the community, and to the preservation of both public and private investments in such areas; _ (7) The City Council recognizes that each property has its own unique characteristics, including, but not limited to topography, tree-cover an visual impact. The regulations in this chapter are intended to provide flexibility in the treatment of the development of individual properties as indicated by their uniqueness rather than to provide a fixed set of strict standards applicable in the same manner to all properties. In this way each property can be developed to it full potential consistent with the land use constraints as imposed by this chapter and other applicable land use regulations; (8) The imposition of the regulations imposed by this chapter may protect the City from liability for soils instability by requiring that consideration be given to the presence of critically expansive soils or other soils problems. (b) The purposes of this chapter are to: (1) Preserve significant features of scenic hillsides and major ridgeline areas in essentially their natural state as part of a comprehensive open space system; (2) Keep the semi-rural qualities of the City by preserving its open and uncluttered natural topographic features; -2- (3) Encourage in these areas an alternative approach to conventional flat land practices of development; (4) Keep grading and cut and fill operations consistent with the retention of the natural character of the scenic hillsides and major ridgelines; (5) Minimize the water runoff and soil erosion proDlems incurred in adjustment of the terrain to meet on-site and off-site development needs; (6) Insure that the open space as shown on any development plan is consistent with the open space element shown on the General Plan; (7) Preserve the predominant views of the scenic hillsides and major ridgelines and to retain the sense of identity and image that these areas now impart to the City and its environs; (8) Require retention of trees and other vegetation which stabilize slopes, retain moisture, minimize erosion and enhance the natural scenic beauty and safety qualities of the hills; (9) Require planting wherever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view; and (10) Require retention of natural landmarks and prominent natural features tht enhance the character of the City. Section 8-5022. P_9~Xki~9~. In this chapter unless the context otherwise requires: (1) $ceR]~G_~f~ means elevated land formations with unique visual character. When referring to land or areas to which this chapter applies, scenic hillsides includes the areas designated as such on the map set forth in section 8-5011; and (2) MajQ~_~_~gel~D~ means the crest of a range of hills or mountains which is prominently visible from a substantial land area in or around the City of Danville or from major vehicular corridors. When referring to land or areas to which this chapter applies, major ridgelines includes areas designated as such on the map set forth in section 8-5011. it~gUla~gna. (a) This chapter applies to scenic hillside and major ridgeline areas which are shown and defined as such on the Danville General Plan Map on file in the office of the planning director. A reduced version of that map is set forth in section 8-5011. --3-- (b) Both the regulation of the land use district to which the land is classified and this chapter apply to scenic hillside and major ridgeline land. If there is a conflict between this chapter and the land use regulations which apply by virtue of zoning, this chapter and the regulations, requirements, and conditions imposed under authority of this chapter control. Section 8-5004. Uses of $~eni~_~~tlg_~_~9~_]!i~g~iG9 (a) ~_9~D~_~. The uses permitted on scenic hillside and major ridgeline land are the same uses permitted in the land use district to which the land is classified. (b) Prohibited deve]opmejl~ No development is permitted within 100 feet (measured vertically) of the centerline of a major ridgeline (the line running along the highest portion) except when development plan approval is granted by the Planning Convission in accordance with section 8-5010. (c) D_9_V~pment prohibited w]~lQ~t permit. No person may grade, clear, construct upon or alter scenic hillside or major ridgeline land without approval granted under this chapter. (d) $uDdivi~. Future subdivided parcels in major ridgeline areas shall be designed so that the building sites are at least 100 feet (measured vertically) below the centerline of major ridgelines and shall otherwise comply with this chapter. ~_e~Q~_gD_~-_~. ~~t~on ~D~_~eni~ ~i] ]~ide Deve]o~l~ (a) ~9.q~~_~ ~. A person who desires to erect a structure or to grade or improve scenic hillside land must receive a scenic hillside development permit. The application may be combined with an application for a building permit, grading permit, conditional use permit, tentative subdivision map approval or other land use entitlement. (Existing development requiring a grading or building permit for exterior modification shall be subject to the development permit process.) (b) Applicat.~Qfk_i~l~ informatioG. An applicant shall file an application on a form provided by the City. The Planning Director may require such supplemental plans and information as may be needed to properly review the application. Examples of supplemental plans and information that may be required are: (1) preliminary soils and geological reconnaissance report; (2) preliminary grading plans indicating existing and proposed grades and retaining walls on a drawing to a scale of not less than one inch equals twenty feet and contour intervals not greater than two feet; -4- (3) site plan showing the outline of proposed and existing structures, streets, driveways, parking, utilities, etc; (4) conceptual landscaping plans; (5) architectural design plans showing exterior building elevations; and (6) location of existing trees in excess of six inches in diameter, as measured four feet from the ground and trees to be removed. (7) additional site specific information as may be required by the Planning Director. (c) D_~il~D_~_~i~t_~gi~. The reviewing body is the authority charged with the duty of passing upon any land use entitlement. In the case of an application which requires only grading or building permit approval for sites located on scenic hillside land, the Planning Director is the reviewing body. The director may refer an application to the Planning Commission for review and recommendation. In all other cases of applications requiring approval in scenic hillside or major ridgeline areas, the Planning Commission shall be the reviewing body (section 8-5010). ~9_~ 8-~9~. ~~~_~_~_9~_$~nic Hillsid~ and Major Rid~eliBD_~Bil. The minimum lot area shall not be less than that prescriDea by the applicable land use district and which is consistent with the General Plan. However, the required lot areas may be increased or decreased above or below the minimum when the reviewing body finds that it is necessary to do so because of the physical terrain in order to assure that there will be a suitable building site for the approved use. In determining whether it is necessary to increase or decrease the lot area, the reviewing body shall apply the standards set forth in Section 8-5007. Lot area reductions shall be subject to the standard variance procedure. (a) In reviewing an application the reviewing body shall consider the following factors: slope, soil stability, drainage, soil characteristics, seismic factors, existing and future development, view shed, vehicular access, potential traffic congestion, fire risk, wildlife, and impact on existing vegetation. (b) The site plan shall provide an appropriate developable area on the site consistent with the site's constraints in relation to the review and approval criteria set forth in this section and in the Danville Hillside/Ridgeline Development Standards. These Standards provide criteria for architectural design, landscaping, grading, lighting, etc. -5- Sectio]l_~c~o ~t~itional Dpvp]opm~nt R~quirp.~l~. The reviewing body may impose additional restrictions or requirements or both on a parcel of scenic hillside or major ridgeline land if it finds that the parcel requires protection because of its prominence and location or determines that there may be exceptional hazards to its development. These additional restrictions or requirements must be consistent with the purposes of this chapter. sec.t,j, D ti akiga. The reviewing body may require as a condition of approval the dedication of an open space easement, development rights or similar enforceable restrictions related to an open space area to be excluded from development. of Ma j o/~_i~i~S~/Ik9 An exception to modify subsections b and d of section 8-5004 to permit development within 100 feet (measured vertically) of the centerline of a major ridgeline may be granted by the Planning Commission in accordance with the zoning ordinance when the Planning Commission finds any one of the following: (1) due to the application of this chapter a structure could not otherwise be constructed on the parcel; (2) development is designed to take place as far beneath the centerline of the major ridgeline as practical; or (3) the proposed siting, grading, landscaping and architecture are such that the development will not conflict with the purposes set forth in section 8-5001(b). (a) The Danville General Plan Map, in reduced form, showing the land subject to this chapter and referred to in section 8-5003(a) is attached to this ordinance and incorporated by reference. (b) If, in fixing the boundary of major ridgeline land as shown on the map in relation to a parcel of property, there is uncertainty or dispute as to whether a property is subject to this chapter, the applicant shall prepare a precise topographic study fixing the location of the property in relation to the centerline of the major ridgeline. Sec~ioL8-~D_!2. ~ep~iolZ~_~O_~llD~. This chapter does not apply to: (1) emergency site maintenance and emergency site repairs; -6- (2) a first-story building addition containing less than 300 square feet of floor area; or (3) animal-secure wire fencing; (4) As to scenic hillside areas only, the performance of work for which neither a building permit, grading permit, conditional use permit, subdivision map approval or other land use entitlement is required. A person desiring to appeal a decision made under this chapter may do so under Sections 26-2.2402--26-2.2412 of the Municipal Code. ~~D_2. The requirements of this ordinance do not apply to the following: (1) a project for which a building permit was issued before the effective date of this ordinance; (2) a project for which a complete building permit application was submitted before adoption of Ordinance No. 27-84 (An Interim Ordinance to Suspend Development Along Ridgeline Areas) or any extension thereof; or (3) a valid tentative subdivision map approved before the effective date of this ordinance. However, the development of parcels created by such tentative subdivision maps shall not be exempt from the provisions of this ordinance. ~~D_~J Division 814 of Title 8 of the Contra Costa County Ordinance Code "Slope and Hillside Development" (comprised of sections 814-2.202 through 814-2.1604) previously adopted by the City by reference is repealed. ~~B_~. The Zoning Map of the City of Danville is amended to show the land subject to this Chapter. A copy of the Map is attached as "Exhibit F". ~~B_~. ~~D. The City Clerk shall have this ordinance published once within 15 days after adoption in a newspaper of general circulation. ~~B_~. ~~_~. This ordinance becomes effective 30 days after its adoption. The foregoing ordinance was introduced at a meeting of the City Council of the City of Danville held on ___J~_~ ......... , 1984, and was adopted and ordered -7- published at a meeting of the Council held on j~ly 16 1984, Dy the following vote: AYES: Lane, May, Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: None ATTEST:¢i-i F LE F -8-