HomeMy WebLinkAbout32-84 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of:
Granting Rezoning of Land )
From M-12 to P-1 and Amend-- ) ORDINANCE NO. 32-84
ing the Zoning Map of the )
City )
)
The City Council of the City of Danville DOES ORDAIN AS
FOLLOWS:
SECTION 1. Rezoning.
That 1.1 acre area known as 241 West E1 Pintado (Assessors
Parcel No. 200-200-015) and shown on the attached Exhibit A is
rezoned from the M-12 to the P-1 zoning district.
SECTION 2. Zoning Map.
The zoning map of the City of Danville is amended as shown
in Exhibit B, attached to this ordinance.
SECTION 3. Conditions.
The rezoning is approved subject to the "P-1 Final Develop-
ment Plan Conditions of Approval", attached as Exhibit A.
SECTION 4. Publication. The City Clerk shall either a) have
this ordinance published once within 15 days after adoption in a
newspaper of general circulation or b) have a summary of this
ordinance published twice in a newspaper of general circulation
once five days before its adoption and again within 15 days after
adoption.
SECTION 5. Effective Date. 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 May 7 ,1984,
and was adopted and ordered published at a meeting of the Council
held on May 21 ,1984, by the following vote:
AYES: Lane, May, McNeely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK
-2-
Contra Costa County Planning Department
CITY OF DANVILLE
Monday, October 11, 1982
AGENDA ITEMS I/5 & 7
DEBOLT CIVIL ENGINEERING (Applicant) - BRUCE MCEACHERN ET AL (Owner) (Sub.
6226 & DP 3018-82
L INTRODUCTION:
A request for development plan approval for four residential units (with variances) in a
Multiple Family Residential M-12 District together with a Tentative Map to divide the
property into four condominium units. The subject property of 1.1 acres is located at
#2#1 West El Pintado, extending south and southeasterly to Front Street and Diablo Road
in Danville.
IL GENERAL INFORMATION:
A. General Plan and ZoninR: The General Plan designates the northerly half of the site
and area of proposed development for Multiple Residential Low Density 7-12 du/ac.,
and the southerly portion at the creek area is shown for public and semi-public use.
The subject property as wall as contiguous properties are zoned Multiple Residential
Distsrict M-12 allowing a ~aximum of 12 du/ac. The existing zoning and proposed
deveiopment is consistent with the General Plan
B. Land Use: The 1.1 acre lies almost entirely within the San Ramon Creek and its
embankments, having a buildable area only at this most northerly portion fronting on
West El Pintado. An existing small older residence is to be removed and also a 60
inch oak tree. A 30 inch pine is to be retained. There is additional tree growth along
the creek area. To the east are two residences and a proposed conversion of a
residence to apartments. Further east across El Pintado and to the north is a church
and church parking. To the west and northwest is an existing residence on one acre
with multiple residential beyond.
D. Public Services: The property is within the service area of the Central Contra Costa
Sanitary District, the East Bay Muncipal Utility District and the San Ramon Valley
Fire Protection District. Comments and recommendations have been received.
E. CEQA: A Negative Declaration of Environmental Significance has been posted for
this proposal.
F. Application Status: Development Plan :)018-82 and Subdivision 6226 were originally
filed April 20, 1.982. The application was not accepted until September 16, 1982 with
revised plans providing for additional setback from San Ramon Creek. This caused
redesign of the project from that previously proposed to a more restricted area in the
vicinity of El Pintado.
Page 2
III. PROPOSAL:
A. Development Plan 301g-g2: This is a proposal for four residential units on l.l acres
having a buildable site area on a small portion fronting on El Pintado with the
remaining consisting of San Ramon Creek. The building site area has a depth from El
Pintado of t~5 to 90 feet, further restricted by building setbacks at El Pintado and
from San Ramon Creek, and a width fronting on El Pintado of about 13t~ feet. The
buildable site area is approximately 9,000+ sq. ft. or about 20 percent of the
property.
The Development Plan shows three residential units attached, separated from the
fourth unit by an entrance walkway and landscaped area which extends thru the
center of the project from El Pintado to San Ramon Creek. The buildings are two
bedroom, two-story units, with orientation to the central open space area.
The number of parking spaces are conforming, having two spaces per unit. Units A, B
and C each have a garage. Additional parking is located adjacent to unit D, which
has two garages and three open spaces. The location of one parking space at unit D
will eliminate an existing 60 inch oak. Parking should be adjusted to retain the tree.
Guest parking is off site at the street frontage. A small portion of the El Pintado
right-of-way at the west driveway entrance could be abandoned for additional area.
Although four units on the property are well within the density range of the M-12
Distrk :, of 7-12 units per acre, the buildable area on the property is limited and
substan :ial variances are indicated as it relates to setbacks and sideyards. To obtain
compliance would require redesign and probable reduction of units. If the matter
were to be reviewed for net area by excluding the creek. The density of the project
on the remaining portion is about 21 du/ac. Variances proposed are as follows;
1. A setback of 10 feet (25' required, from 5' street widening) for one residential
unit (unit C).
2. A setback of 10, 13 and 17 (25' required, from 5' street widening) for three
connected garages (garage A, B and C) and an 18 foot setback for a garage (at
unit D) together with a zero setback for trellis structure at open parking areas.
3. A sideyard of 10 and 15 feet (20' required) for two residential units and garage
(units A, B and garage A) together with decks and trellis structures within the
sideyard areas.
A variance to have parking within the setback and sideyard areas.
A variance to have vehicular back-up into the street, three spaces (eight spaces
with previous plans).
6. A variance (exception to Subdivision Ordinance) to have buildings and structures
within the setback of the San Ramon Creek Channel (units B, C and D, deck and
trellis structures).
t
i
Page 3
B. Subdivision 6226: In conjunction with Development Plan 3018=82) this is a proposal
for a condominium subdivision for the four residential units whereby buildings and
land consist of an undivided interest in commons together with a separate interest in
space within each residential units.
The Preliminary Soils and Geologic Study submitted with the application concludes
the site is suitable for development. The County Geologist has indicated that the
report does not provide sufficient data by which to evaluate the potential for
liquefaction and lateral spreading and requires further site investigation.
PUBLIC WORKS; See attached memo dated 6/~/82.
DESIGN CONSIDERATION:
As proposed by the extent of non compliance with the requirements of the M-12 zoning,
overbuilding of the site is indicatcd~ particularly as it relates to setback variances both
along El Pintado and San Ramon Creek~ and variances to the sideyard and parking
requirements. The constraints of the creek and reduced building site and the require-
ments of the M-12 zoning were established prior to any development proposal. A
reduction in units could minimize the variances requested such as elimination of unit B at
the creek to allow more conforming setback and sideyard for units A and C and the
garages. With three units a garage could be eliminated reducing the amount of vehicular
back-up into El Pintado. Since the density propose.~ is substantially less than that
permitted with the creek area comprising eighty perce,,t of the propcry, the variances
may be justified.
The existing 60 inch oak tree in the vicinity of unit D, if viable~ could be retained by
relocation of one parking space to the adjacent sideyard area and adjustment of the
remaining space toward El Pintado. This would also allow for pedestrian access from the
other units to the parking area.
VL RECOMMENDATION;
The proposal is consistent with the General Plan. Staff recommends that Development
Plan 3018-82 and the Tentative Map for Subdivision 6226, be approved with conditions.
BT/ed #9sub
9/25/82
CONDITIONS OF APPROVAL FOR SUBDIVISION 6226:
1. This approval is based upon the Tentative Map submitted with the application, dated
received by the Planning Department September 15, 1982.
2. Prior to issuance of building permits or filing a Final Subdivision Map, information by
a qualified person concerning the condition of the existing 60 inch tree in the vicinity
of Unit D, shall be submitted or revised plans incorporting the preservation of the
tree shall be submitted for approval by the Zoning Administrator, by relocating one
parking space at the tree to the the west boundary of the project and adjusting one
parking space toward El Pintado. Trellis structures at open parking shall be
eliminated.
An exception is granted to have buildings and structurs within the building setback of
the channel easement for San Ramon Creek (units B, C, D, decks and trellis
structure), subject to final review and approval by the Public Works and Planning
Department.
t~. All deck, patio, trellis or other structures within the easement area of San Ramon
Creek shall be eliminated.
5. Comply with the requirements of the Public Works Dept. as follows:
A. In accordance with Section 92-2.006 of the County Ordinance Code,
this subdivision shall conform to the provisions of the County Subdivision
Ordinance (Title 9). Any exceptions therefrom must be specifically
listed in this conditional approval statement.
B. Convey to the County, by offer of dedication, necessary right of way
on West E1 Pintado as required for the planned futL~re width of 60
feet in accordance with drawing E4634D-70.
C. Provice adequate on-site circulation, subject to the approval of the
?ublic Works Department, Land Development Division.
D. Dedicate a drainage easement and observe the structure setbacks pursuant -to the requirements of the Ordinance Code for San Ramon Creek.
E. Submit a metes-and-bounds description and a plat, preoared by a licensed
land surveyor or registered civil engineer, for the above-mentioned
drainage easement{s) to the Public Works Department, Land Development
Division, for review and the preparation of instruments.
F. The above instrument(s) will be prepared by the Public works Department,
Land Development Division, upon request by the applicant and submittal
of a current title report on the affected property.
G. Any portion of the drainao~e system that conveys runoff from public
streets shall be installed within a dedicated drainage easement.
Page 2
H. Furnish proof to the Public Works Department, [and Development Division,
of the acquisition of all necessary riqhts of entry, permits and/or
easements for the construction of off-site, temporary or permanent,
road and drainage improvements.
6. In conjunction with dedication of additional right-of-way for West El Pintado (item
5B above), an application shall be made to the Public Works Department for
abandonment of that portion of West El Pintado in excess of a 60 loot right-of-way,
at the most westerly driveway.
7. Sewage disposal serving the properties concerned in this application shall be provided
by the Central Contra Costa Sanitary District. Each individual living unit shall be
served by a separate sewer connection. The sewers located within the boundaries of
the properties concerned should become an integral part of the Central Contra Costa
Sanitary District's sewerage callection system.
8. Water supply serving the properties concerned shall be by the East Bay Municipal
Utility District. Each individual living unit shall be served by a separate water
connection. Such water distribution system, located within the boundaries of the
properties concerned in this application, should become an integral part of the East
Bay Municipal Utility District's overall water distribution system.
9. Comply with the requirements of the San Ramon Fire Protection District as follows:
A. A public water supply and fire hydrants in accordance with the Insurance
Services Office requirements. The size and design of the water supply and
location of fire hydrants will be determined by this Fire District's review of the
final plans.
B. Access roadways shall be not less than 20 feet of unobstructed width (plus
adequate additional width to accommodate reasonably expected on-street
parking) and having a minimum of 13 feet 6 inches vertical clearance, capable of
supporting the imposed loads of fire apparatus and not exceed 2096 grade.
Security gating is prohibited, except as approved by this Fire District to comply
with our special keying arrangement for emergency access.
C. Water supply for fire protection and all weather driving surface access roads
shall be installed and made serviceable prior to building construction.
D. Approved spark arrester to be installed on each chimney used for fireplaces and
heating appliances in which solid or liquid fuel is used.
E. Weeds are to be abated prior to construction and maintained weed free during
the construction stages.
CONDITIONS OF APPROVAL FOR DEVELOPMENT PLAN 3018-82
1. Development shall be as shown on plans submitted with the application dated
received by the Planning Department September 13, 1982, subject to the conditions
listed below.
2. Prior to issuance of building permits or filing a Final Subdivision Map~ information by
a qualified person concerning the condition of the existing 60 inch tree in the vicinity
of Unit D, shall be submitted or revised plans incorporting the 1t[eservation of the
tree shall be submitted for approval by the Zoning AdministratoelJ~by relocating one
parking space at the tree to the th~.~vest boundary of the project and adjusting one
parking space toward El Pintadob';z~rrellis structures at open parking shall be
eliminated. . A ~ £.2 ~ ~ . . ~
3. The following variances are ~pproved: -- (~ ~ ~~_~~~.~
· ^ o,,0 ,or d
B. A setback of 10, 13 and 17 feet for three connected garages (garage A~ B, and C)
and an 18 foot setback for a garage (at unit D).
C. A sideyard of 10 and 15 feet for two residential units and garage (units A, B &
garage A) together with decks and trellis structures within the sideyard areas.
D. A variance to have parking within the setback and sideyard areas.
E. A variance to have vehicular back-up into the street, three spaces.
F. A variance (exception to Subdivision Ordinance) to have buildings and structures
within the setback of the San Ramon Creek Channel (Unit B, C and D and deck,
patio or trellis structures, subject to final review and approval by the Public
Works and Planning Departments.
#. All deck, patio, trellis or other structures within the easement area of San Ramon
Creek shall be eliminated.
5. Cqmply with the Public Works Conditions as follows:
A. Unless exceptions are specifically granted, comply with the requirements
of Division 1006 {Road Dedication and Setbacks) of the County Ordinance
Code. This includes the following:
1. Convey to the County, by offer of dedication, necessary rig t
of way on West E1 Pintado as required for the planned future
width of 60 feet in accordance with E4634D-70.
2. Construct curb, four foot six inch (4'6") sidewalk (width measured
from curb face), necessary lonqitudinal pavement widening on
West E1 Pintado. The face of curb shall he located 20 feet from
the centerline of the street.
Page 2
3. Construct curb, necessary longitudinal drainaBe, and pavement
widening on Front Street. Face of curb shall be located !6 feet
from the centerline of the street.
B. In accordance with Section 82-2.014 of the County Ordinance Coda,
this development shall conform to the req'~irements of Division 914
(Drainage) of the Subdivision Ordinance.
C. In accc,'dance with Section 82-2.014 of the County Ordinance C6de,
this development shall conform to the requirements of Division 914
{.Drainage) of the Subdivision Ordinance.
D. Dedicate a drainage easement and observe the structure setbacks pursuant
to the requirements of the Ordinance Code for San Ramon Creek.
E. Submit a metes-and-bounds description and a plat, prepared by a licenseo
!and surveyor or registered civil engineer, for the above-mentioned
draina~e easement{s) to the Public Works Department, Land Development
Division, for review and the preparation of instruments.
F. The above instrument(s) will be prepared by the Public Works Department,
Land Development Division, upon request bv t'~e applicant and submittal
of a c,:rrent title report on the affected property.
G. Furnish proof to the Public Works Department, Lana Development Division,
of the acquisition of all necessary rights of entry, permits and/or
easements for the construction cf off-site, temporary or permanent,
road a d drainage improvements.
H. Submit site grading and drainage plans to the Public Works Department,
Land Development Division, for review and approval prior to the issuance
of any building permit or the construction of site improvements.
\
I. Install all new ,;tility distribution services underground.
J. Submit improvement plans prepared by a registered civil engineer to
the Public Works Department, Land Development Division, for review;
pay the inspection, plan review and applicable lighting fees. These
plans shall include any necessary traffic signing and striping plans
for rev'ew by the County Traffic Engineer. Overall curb grade plans
are available at the Public Works Department for use by the applicant
in the preparation of specific improvement plans. The improvement
plans s~a!l be submitted to the Public Works Department, Land Development
Division, prior to the issuance of any building permit. The review
of improvement plans and payment of all fees shall be completed prior
~.o the clearance of any buildino for (,ccupancy by the Puhlic Works
Department. If occupancy is requested prior to construction of improve-
ments, the apD1 icant shal 1 execute a road improvement agreemens with
Contra Costa County and post the bonds required by the agreement to
guarantee completion of the work.
t I
.COfiT~A ~f)gT;. c,3U?~Tr
PUBLIC WORKS DEPARTr.IENT r~ ,~ .......~
CONTRA COSTA COUNTY ......... ?...~ r.:-.,, :,:-;~.
DATE: dune 4, 1982
TO: A.A. Dehaesus, Director of Planning
Attn.: Harvey Bragdon, Assistant Current
Director,/<~an~l:~¢
·
FROM: J. Michael Walford, Public Works Director '
By: Thomas M. Finley, Assistant Public Wor/~~~and D
SUBJECT: Subdivision: 6226 & Permit 3018-82 Ap~cant: DeBolt Civil
Engineering
Assessor's Parcel No.:200-200-15 Road No.: 4634D, West
E1 Pintado; 4721A, Diablo
Road; 4725E, Front Street
We have reviewed the appliqation and tentative map for Subdivision 6226
and Permit 3018-82, which w¢-e received by your office on April 20 and
21, 1982, ~nd submit the following comments:
The property involved in this project fronts on and Diablo Road, West E1
Pintado and Front Street in the Danville Area. The property address is
241 West El Pintado.
Diablo Road between Front Street and West E1 Pintado has been fully improved
to a 64 foot road within an 84 foot right of way. West E1 Pintado at the
southwesterly portion of the property was fully improved when the County
constructed the West E1 Pintado Road bridge-drop structure. West E1 Pintado
was widened, at the bridge, to its ultimate 40 foot width. A meandering
sidewalk, landscaped parkway, and railing were constructed as part of that
project. West E1 Pintado along the northerly portion of the project is
a 22 foot road within a right of way varying in width. Front Street is
a 21 foot road within a 60 foot right of way.
The applicant should he aware that compliance with the County Ordinance
Codes will require the following:
1. Dedication of the necessary right of way along the south side of West
E1 Pintado for the planned future width of 60 feet in accordance with
County Drawing E4634D-70.
v
2. Construction of a four and a half foot {4-1/2) sidewalk, necessary
pavement wideninq, curb, longitudinal drainage along the frontage
of West E1 Pintado Road. Frontage improvement requirements shall
begin at the existing improvements to the northwest.
3. Construction of curb, necessary pavement widening along the frontage
on Front Street. Face of curb shall be located 16 feet from the centerline
of the street in accordance with County drawing E4725E-62.
4. The undergrounding of all utility distribution facilities.
5. The installation of street lights on Front Street and West E1 Pintado
and application for annexation to the appropriate lighting district
for maintenance of the street lights.
6. All storm waters entering or originating within the subject property
are to be conveyed {without diversio~. of the watershed) to the nearest
adequate man-made drainage facilit,' or natural~a'tercourse. Storm
waters from the property currently sheet flow to'San Ramon Creek.
San Ramon Creek runs through the property and parallel to Front Street.
7. Verification that all finished floor elevations are above the 100-
year flood elevation.
8. Verification that San Ramon Creek is adequate to contain the require'
storm (based on the size of the watershed) and construct any improvements
required to guarantee adequacy, if any. Flood Control has indicated
that the capacity of San Ramon Creek is adequate for design flows
of Q100. However, the stability of the existing banks have not been
verified.
9. Submittal of a final map prepared by a registered civil engineer or
licensed land surveyor.
10. Submittal of improvement plans prepared by a registered civil engineer,
payment of inspection fees and security for all improvements required
by the Ordinance Code or the conditions of approval for this subdivision.
11. Application for encroachment permits from the Public Works Department,
Land Development Division, for driveway connections within the right
of way of West E1 Pintado, The development plan shows a mass of
driveways along the frontage. The proposed layout does not provide
adequate on-site circulation, is susceptible to rear end accidents
and minimizes the amount of available on street parking.
3
The applicant should be required to dedicate a drainage easement over the
natural watercourse traversina the subject property in accordance with
the provisions of Chapter 914-10 of the Subdivision Ordinance. The development
plan, as proposed, does not comply with the Ordinance Code requirements
for drainage easements and structure setbacks. Estimated boundaries for
the drainage easement and the structure setback area for unimproved channels
are outlined on the attached copy of the tentative map. Any permanent
structures other than drainage structures must be relocated outside the
limits specified by the Ordinance Code. The applicant should submit a
revised development plan reflecting our concerns on the on-site circulation
and the necessary structure setbacks.
Any portion of the drainage system which conveys runoff from public streets
should be installed within a dedicated drainage easement.
San Ramon Creek is defined by the Department of Fish & Game at a natural
watercourse. The applicant should notify the Department of Fi.,. S Game,
P.O. Box 47, Yountville, California 94599, of any proposed coro~ ~ction
within this development that may affect the creek, per Sections 1601 and
1602 of the Fish & Game Code. This project may be subject to the requirements
of the Department of Fish & Game.
Portions of this project lie within a flood hazard area, as designated
on the maps prepared by the U.S. Geologic'l Survey in cooperation with
the U.S. Department of Housing & Urban Develo, ment, Federal Insurance Adminis-
tration, for the San Francisco Bay Area. The applicant should be aware
of the requirements of the Flood Insurance Program as they pertain to this
development.
As ordinance references differ between subdivisions and permits, separate
sets of conditions have been prepared for each entitlement. It should
be noted that many of the conditions which have specifically called out
for the development permit are required by ordinance of all subdivisions.
Based on the above, please include the attached recommended conditions
for the approval of Subdivision 6226 and DP 3018-82.
Any questions regarding this matter may be directed to Teresa Bowen of
this office at 372-4199.
j. Obtain an encroachment permit from the Public Works Department, Land
Development Division, for construction of driveways or other improvements
within the right of way of Front Street, West E1 Pintado, a~d DiabiG
Road.
I<. Provide adequate on-site circulation, subject to the approval of the
Public Works Department, Land Development Division.
6. In conjunction with dedication of additional right-of-way for West El Pintado (item
5A above), an application shall be made to the Public Works Department for
abandonment of that portion of West El Pintado in excess of a 60 foot right-of-way~
at the most westerly driveway.
7. Sewage disposal serving the properties concerned in this application shall be provided
by the Central Contra Costa Sanitary District. Each individual living unit shall be
served by a separate sewer connection. The sewers located within the boundaries of
the properties concerned should become an integral part of the Central Contra Costa
Sanitary District's sewerage collection system.
8. Water supply serving the properties concerned shall be by the East Bay Municipal
Utility District. Each individual living unit shall be served by a separate water
connection. Such water distribution system, located within the boundaries of the
properties concerned in this application, should become an integral part of the East
Bay Municipal Utility District's overall water distribution system.
9. Comply with the requirements of the San Ramon Fire Protection District as follows:
A. A public water supply and fire hydrants in accordance with the Insurance
Services Office requirements. The size and design of the water supply and
location of fire hydrants will be determined by this Fire Districtts review of the
final plans.
B. Access roadways shall be not less than 20 feet of unobstructed width (plus
adequate additional width to accommodate reasonably expected on-street
parking) and having a minimum of 13 feet 6 inches vertical clearance~ capable of
supporting the imposed loads of fire apparatus and not exceed 20% grade.
Security gatins is prohibited, except as approved by this Fire District to comply
with our special keying arrangement for emergency access.
C. Water supply for fire protection and all weather driving surface access roads
shall be installed and made serviceable prior to building construction.
D. Approved spark arrester to be installed on each chimney used for fireplaces and
heating appliances in which solid or liquid fuel is used.
E. Weeds are to be abated prior to construction and maintained weed free during
the construction stages.
-9-
(
v
Page 3
10. Covenants, Conditions and Restrictions, Articles of Incorporation and By-Laws for
mandator homeownerts associations shall be submitted with the Final Subdivision
Map, subject to review by the Planning Department. These documents shall provide
for establishment, ownership and maintenance of the common open space, parking,
etc.
1/. If archaeologic materials are uncovered during grading, trenching or other on-site
excavation, earthwork within 30 meters of these materials shall be stopped until a
professional archaeologist who is certified by the Society for California Archaeology
(SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity
to evaluate the significance of the find and suggest appropriate mitigation measures,
if they are deemed necessary.
12. Comply with the requirements of the Building Inspection Department, Grading
Division including the following:
A. Submit four (~) copies of plans showing the existing contours, the extent of the
proposed grading, drainage improvements and general site development.
B. The plans accompanying the application for building permits shall show the
existing contours~ the extent of the proposed grading and drainage improve-
ments~ and be reviewed by the Grading Section prior to issuance.
C. Prior to the issuance of building and/or grading permits a soils investigation
report, prepared by a licensed soil engineer will be required. It shall report on
the ability of the site to support the improvements anticipa'ted~ and shall include
recommended foundations designs to achieve maximum stability of the proposed
structures. The soils report shall be submitted for review by the Planning
Department (County Geologist) prior to issuance of building and/or grading
permits.
BT/ed$tgsub /~
I3