HomeMy WebLinkAbout55-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of: )
)
Granting Rezoning of Land )
from P-1 (Multi-family )
Residential) to P-1 (Limited)
Office) and Amending the )
Zoning Map of the City )
)
ORDINANCE NO. 55-85
The City Council of the City of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 2.945 acre parcel located in the Danville Livery
Shopping Center on Sycamore Valley Road West (Assessor's
Parcel 208-540-010) is rezoned from the P-1 (Multi-family)
to the P-1 (Limited Office) zoning district. Rezoning is
based upon the Final Development Plan for PUD 84-8 as
conditioned by the requirements listed in Exhibit A.
SECTION 2. Zoning Map.
The zoning map of the City of Danville is amended
accordingly.
SECTION 3. 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 4. 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 6 , 1985, and was
adopted and ordered published at a meeting of the Council held
on May 20 , 1985, by the following vote:
AYES: Lane, May, McNeely, Offenhartz, Schlendorf
NOES: None
ABSENT: None
ABSTAIN: None
= ~ · I_ MAYOR
PUD-84-8, DP-84-9, VAR 84-35
Exhibit A
CONDITIONS OF APPROVAL
1. The approval of the requested PUD is contingent on the City
Council's approval of the general plan amendment changing
the land use designation from Multiple-Family
Residential-Low Density to Limited Office.
2. Uses on the subject property shall be limited to the
following list:
Realtor ,
Title Company
Insurance
Architect
Medical-Dental
Optometrist-Optician
Commercial Bank ,
Savings & Loan *
Attorney
Accountant
Escrow office
Finance
Engineer
Securities
Contractor
Real Estate Development
Investment Advisors
Home Security
, In Building A only
Any proposed use not included in but similar in nature and
intensity to uses in the above list and permitted under the
Limited Offices Ordinance, shall be subject to review and
approval by the Director of Planning. If a proposed use is
not typical or ordinary and may be inconsistent with the
nature and intensity of the list of uses, the Director may
refer it to the Planning Commission for review and
recommendation.
3. Final development plans shall be submitted in accordance
with Article 84-66.12 of the Zoning Ordinance, for review
and approval of the Director of Planning prior to building
permit issuance. Final plans shall generally be in
conformance with site plans, elevations, landscape plans,
and sign criteria dated December 28, 1984, and subject to
the conditions below.
4. The applicant shall develop the six R-15 lots adjoining the
site with single-family residences. Development plan
approval for the six lots must be obtained prior to issuance
of building permits on the office project. Building permits
for the single-family residences shall be issued prior to
completion of Construction on the office project. Three
residences adjacent to the existing single family shall bQ
substantially under construction prior to the completion of
the office development.
5. Final development plans shall include detailed landscape
plans, subject to review and approval of the Director of
Planning, with the following specifications:
Plan shall
west sides
views, but
buildings.
demonstrate that landscaping along south and
of property will not obstruct significant
will provide visual buffering of office
Plant material utilized along south and west sides shall
be reasonably mature in order to provide some immediate
screening of the project. Plant material should also be
predominantly evergreen to provide year-round screening.
Plan shall demonstrate adequate visual
parking lot utilizing a combination
understory planting, and overstory planting.
screening of
of berming,
Plan shall take into account mature sizes of plant
materials listed on preliminary landscape plan. Views
from adjacent residence are to be considered as well as
views of Las Trampas Ridge from areas north and east of
the project site·
Plan shall indicate plant types and sizes. All trees
shall be a minimum 15 gallon container size and all
shrubs shall be a minimum 5 gallon container size. Box
specimen trees shall be utilized at project entries.
Security gates shall be
pro~e~t along the rear
homes.
Dr0vided at the ends of the
of the existin~ sinale familV
~. The aDDlicant shall submit for review and aDDroyal by
the Director of Planning an integrated landscaDe Dlan in
the setback between the existing residences and the
proposed office buildings, consulting with and takinq
into consideration the reasonable preferences of the
individual homeowners as to landscaping within their
respective setback areas.
6. An irrigation plan shall be submitted subject to review and
approval of the Director of Planning. Irrigation adjacent
to wood-sided buildings shall be of a type to prevent
bleached-out wood siding from the spray of sprinkler heads.
7. Design and materials of fences shall be subject to review
and approval of the Director of Planning.
8. All permanent landscaping shall be installed prior to
occupancy of the project.
9. An outdoor lighting plan shall be submitted subject to
review and approval of the Director of Planning.
10. Exterior lights shall be deflected so that lights shine only
on applicant's property and not toward adjacent properties.
Any roof lighting proposed shall be subject to review and
approval of the Director of Planning·
11. All planting shall be maintained
condition at all times.
in a healthy growing
12. Final development plans shall include revised parking and/or
reduced building areas to meet approved variances, subject
to review and approval of the City Engineer and Director of
Planning and the following specifications:
Total number of spaces will be determined at a rate of
one space per 225 square feet of gross floor area.
Compact stalls shall not exceed 25 percent of the total
number of spaces provided.
c. Parking stall dimensions shall meet city standards.
LandScaped areas shall not be significantly reduced to
provide the required parking.
e,. There shall be no reduction from ordinance rec~/irements
in aisle width and parking stall size.
13. Placement of mechanical equipment on building roofs shall be
prohibited.
14. Mechanical equipment (e.g., air conditioners, boilers, etc.)
selected for the project shall be designed so that sound
levels do not exceed 40 dB outside the nearest existing
residences between 7:00 p.m. and 7:00 a.m., or 45 dB between
7:00 a.m. and 7:00 p.m. Air-conditioning equipment
specifications shall be reviewed at the building permit
stage.
15. Garbage collection and sweeping activity shall be preformed
between the hours of 8:00 a.m. and 6:00 p.m. to eliminate
the potential for nighttime noise impact. No qarbage
pick-up shall be permitted on Sundays or legal holidays.
16. To minimize construction noise all construction equipment
shall be properly muffled and construction work shall be
limited to weekdays between the hours of 8:00 a.m. and
5:00 p.m.
17. The crosswalks across Sycamore Valley Road West will be
relocated from the east side of the entry drives to the west
side to reduce potential auto/pedestrian conflicts.
18. PED XI}[G
crosswalk
directions.
warning signs will be installed in advance of the
locations for both eastbound and westbound
19. Landscaping proposed along the south side of Sycamore Valley
Road West at the western corner of the site will be designed
to preserve adequate sight distance for drivers and
pedestrians.
20. Applicant shall submit detailed elevations of enclosed
service areas and restrooms for review and approval of
Director of Planning to ensure the same level of design as
incorporated into the rest of the project. ReStrooms shall
be keyed and not open to the qeneral public.
21. Comply with the requirements of the Sanitary District.
22. All permanent improvements are subject to review and
approval by the Director of Planning.
23. Comply with the 'following requirements of the Danville Fire
Protection District:
A public water supply and fire hydrants will be provided
in accordance with the Insurance SerFices Office
requirements. The location of fire hydrants will be
determined by this Fire District's review of final
plans.
Portable fire extinguishers shall be installed in all
buildings. the type, size, and quantity to be
determined by the final approved plans submitted to the
Fire Prevention Bureau.
Hydrant .systems, fire extinguishing.systems, and related
equipment shall meet the approval of the Fire District
as to installation and location and shall be subject to
periodic tests as required by the Chief.
Plans and specifications shall be submitted to the Fire
District for review and approval prior to construction.
Access roadways shall be not less than 20 feet of
unobstructed width (and a minimum of 13 feet 6 inches
unobstructed vertical clearance). These access ways
shall have all-weather driving surfaces, capable of
supporting the imposed leads of fire apparatus.
"No Parking" signs may be required and shall be
maintained. The Chief shall have the authority to
require an increase in the minimum access widths where
such width is not adequate for fire and rescue
operations.
Water supply for fire protection and temporarV
all-weather driving surface access roads shall be
installed and made serviceable prior to construction.
Occupancies in this development shall be required to
comply with applicable sections of the State Fire
Marshal's Rules and Regulations including, but not
limited to, exiting, doors, hardware, and lighting;
occupancy load limits and capacity posting; flame
resistive qualities of drapes, curtains, and
decorations, etc.
All buildings shall be provided with approved sprinkler
systems in accordance with I.S.O. specifications and
Danville Fire District Ordinance #4.
24. Comply with Police Department's recommendations on 'the
installation of any alarm system in the project.
25. In accordance with Section 82-2.014 of the County Ordinance
Code as adopted by the City of Danville all permits issued
pursuant to Title 8 are to conform to Division 914
(Drainage) of the Subdivision Ordinance.
26. All. storm waters entering or originating within the subject
property are to be conveyed to the nearest adequate man-made
drainage facility or natural water course. Concentrated
storm drainage shall be prevented from draining across the
sidewalk or driveways. For this site, the applicants Civil
Engineer shall do a drainage study and recommend drainage
improvements for review and approval by the City Engineer.
27. The issue of limitinq the easteriV driveway to riqht turns
in and right turns out and closin~ the median at that point,
as well as the issue of a left turn lane for westbound
traffic on Sycamore Valley Road West at the Dro~osed
westerly driveway, shall be subject to further study by the
City Enqineer and ADplicant.
28. Plans for median modification shall be submitted to the City
Engineer for review and approval. Plans are to be prepared
by a registered Civil Engineer and are to include
landscaping, striping, signing and landscape irrigation
details.
29. Obtain a drainage permit for drainage work within the
existing storm drain easement.
30. Relinquish
Sycamore
driveways.
the abutter's right of vehicle access along the
Valley Road West frontage except at proposed
31. Submit grading plans and improvement plans prepared by a
Registered Civil Engineer to the City Engineer for review;
pay the inspection, plan review, and applicable lighting
fees. These plans shall include any necessary traffic
signing and striping plans. The improvement plans shall be
submitted to the City Engineer prior to the issuance of any
building permit. The review of the improvement plans and
payment of all fees shall be completed prior to the
clearance of .any building for occupancy by the City.
Engineer. If occupancy is requested prior to construction
of improvements, the applicant .shall execute a road
improvement agreement with the City. and post bonds required
by the agreement to guarantee completion of the work.
32. Install all new utility distribution services underground.
33. The proposed retaining walls shall be engineered if they
support a slope of 3 to 1 or more. A building permit shall
be taken out for the walls if they are three feet high with
a surcharge or if their height is four feet or more.
34. Plans accompanying the application for a grading permit
shall include existing contours, the extent of the proposed
grading, drainage improvements and general site
development. Plans accompanying the application for
building permits shall show existing contours, the extent of
the proposed grading and drainage improvements.
35. An erosion control plan shall be prepared for this project
prior to issuance of any grading permits. This erosion
control plan shall specify that all sedimentation will be
confined to the construction site, shall provide for the
stabilization of all disturbed soils, and shall specify that
all grading shall be confined to the dry season.
36. Applicant and City shall enter into an agreement under the
terms of which applicant will agree to pay the applicable
improvements fee imposed by the City. It is understood that
the City is presently studying the composition of a fee
structure for the funding of Capital Improvements in the
downtown area and will establish a fee before May 31, 1985.
The agreement shall provide that the applicants may protest
the extent of the fee at any time and that the expiration of
the time to appeal the conditions does not apply to his
right to challenge the amount of the fee. The City will
conisder qiving the applicant credit toward the final
improvement fee for off-site work done by the applicant.
37. Correct any deficiencies in existing frontage improvements.
38. Install street light on Sycamore Valley Road West at the
proposed westerly driveway.
38. Obtain an encroachment
for construction of
right-of-way.
permit from Engineering Department
improvements within the public
39. DeveloDer to execute
retail uses on the
approval.
a development aqreement to prohibit
property subiect to CitV AttorneV
40. A buffer on Sycamore Valley Road West (textured paving,
landscape, etc.) shall be installed in conjunction with the
project subject to Development Services Director approval.
PUD-84-8, DP-84-9, URR 84-35
Exhibit R
CONDITIONS OF APPROVAL
1. The approval of the requested PUP i5 contingent on the Clty
Council's approval of the general plan amendment changing
the land use designation from Multiple-Family
Residential-Low Density to Limited Office.
2. Uses on the subject property shall be llmited to the
following list=
Title Company
Insurance
Architect
Medical-Dental
Optometrist-Optician
Connem~ial [~snk
Savings & Loon
Attorney
Accountant
Escrow office
Finante
Engineer
Sccuritics
Contractor
Real Estate Development
Investment Advisors
Autenebilc Club
Home Security
Any proposed use not included in the above list shall be
subject to the review and approval of the Director of
Planning, with the applicant to reserve the right of appeal
to the Planning Commission. Notification shall be sent to
all propertV owners within 300 feet of any proposed use not
included above, and third party appeal to the Planninq
Commission may be node,
Final development plans shall be submitted in accordance
with Article 84-66.12 of the Zoning Ordinance, for review
and approval of the Director of Planning prior to building
permit issuance, Final plans shall generally be in
conformonce with site plans, elevations, landscape plans,
and sign criteria dated December 28, 1984, and subject to
the conditions below,
4. The applicant shall develop the six R-IS lots adjoining the
site with single-family residences. Development plan
approval for the six lots must be obtained prlor to issuance
of building permits on the office project_ Building permits
for the single-family residences shall be issued prior to
completion of construction on the office project.
Construction of the three residences adiacent to the
existinq sinale family shall be substantially complete prior
t__go the completion of the office development_
S_ Final development plans shall include detailed landscape
plans, subject to review and approval of the Director of
Planning, with the following specifications=
Plan shall demonstrate that landscaping along south and
vest sides of property uill not obstruct significant
views, but will provide visual buffering of office
buildings,
Plant Material utilized along south and west sides shall
be reasonably Mature in order to provide 50Me immediate
screening of the project. Plant Material should also be
predominantly evergreen to provide year-round screening_
Plan shall demonstrate adequate visual screening of
parking lot utilizing a combination of berMing,
understory planting, and overstory planting.
Plan shall take into account Mature sizes of plant
Materials 11sted on preliminary landscape plan, Uiews
from adjacent residence are to be considered as well as
views of Las Trampas Ridge frOM areas north and east of
the project site.
Plan shall indicate plant types and sizes_ Rll trees
shall be a Minimum 15 gallon container size and all
shrubs shall be a Minimum 5 gallon container size. Box
specimen trees shall be utilized at project entries.
~ecuritv aates shall be provided at the ends of the
protect aloha the rear of the existinq sinqle family
homes.
6, An irrigation plan shall be submitted subject to review and
approval of the Director of Planning_ Irrigation adjacent
to wood-sided buildings shall be of a type to prevent
bleached-out wood siding from the spray of sprinkler heads_
?_ Design and Materials of fences shall be subject to review
and approval of the Director of Planning.
8_ All permanent landscaping shall be installed prior to
occupancy of the project.
9. An outdoor lighting plan shall be submitted subject to
reuiew and approval of the Director of Planning.
10. Exterior lights shall be deflected so that lights shine only
on applicant's property and not toward adjacent properties.
RnV roof lighting proposed shall be subject to review and
approval of the Director of Planning.
11. All planting shall be Maintained in a healthy growing
condition at all times.
12. Final development plans shall include revised parking and/or
reduced building areas to Meet approued variances, subject
to review and approval of the City Engineer and Director of
Planning and the following specifications=
a. Total number of spaces will be determined at a rate of
one space per 225 square feet of gross floor area.
b. Compact stalls shall not exceed 25 percent of the total
number of spaces provided.
c. Parking stall dimensions shall Meet city standards.
Landscaped areas shall not be significantly reduced to
provide the required parking.
e. There shall be no reduction in aisle width and parkina
stall size_
13. Placement of Mechanical equipment on building roofs shall be
prohibited,
14. Mechanical equipment (e_g.. air conditioners, boilers, etc.)
selected for the project shall be designed so that sound
levels do not exceed 40 dB outside the nearest existing
residences between ?:00 p_m. and ?:00 a_m., or 45 dB between
?=DO a_m_ and ?:00 p.m. Rir-conditioning equipment
specifications shall be reviewed at the building permit
stage.
15. Garbage coil. action and sweeping activity shall be preformed
between the hours of 8=OO a.M. and 6=00 p.M. to eliminate
the potential for nighttime noise impact. Ho qarbaqe
pick-up shall be permitted on Sundays or leqal holidavs~
16_ To minimize construction noise all construction equipment
shall be properlV muffled and construction work shall be
limited to weekdays between the hours of 8:00 a.m. and
5:00 p.M_
17. The crosswalks across Sycamore Valley Road West will be
reiDcared from the east side of the entry drives to the west
side to reduce potential auto/pedestrian conflicts.
18_ PEP XIHG warning signs will be installed in advance of the
crosswalk locations for both eastbound and westbound
directions,
19. Landscaping proposed along the south side of SycaMore Ualley
Road Vest at the western corner of the site will be designed
to preserve adequate sight distance for drivers and
pedestrians_
20_ Applicant ~hall subnit dctailed elevation~ of cnc].o~cd
service areas and restrooms for review and approval of
Director of Planning to ensure the same level of design as
incorporated into the rest of the project. Restrooms shall
be keued and not open to the qeneral public.
21. Conply with the requirements of the Sanitary District_
22. All permanent improvements are subject to review and
approval by the Director of Planning.
Comply with the following requirenents of the Danvilla Fire
Protection District=
R public water supply and fire hydrants will be provided
in accordance with the Insurance Services Office
requirements. The location of fire hydrants will be
determined by this Fire District's review of final
plans.
Portable fire extinguishers shall be installed in all
buildings. the type, size, and quantity to be
determined by the final approved plans submitted to the
Fire Prevention Bureau.
Hydrant systems, fire extinguishing systems, and related
equipment shall meet the approval of the Fire District
as to installation and location and shall be subject to
periodic tests as required by the Chief.
d_ Plans and specifications shall be submitted to the Fire
District for review and approval prior to construction.
Rccess roadways shall be not less than 20 feet of
unobstructed width <and a minimum of 13 feet 6 inches
unobstructed vertical clearance>. These access ways
shall have all-weather dr ,ing surfaces, capable of
supporting the imposed leads of fire apparatus.
"No Parking" signs may be required and shall be
maintained- The Chief shall have the authority to
require an increase in the minimum access widths where
such width is not adequate for fire and rescue
operations.
Uater supply for fire protection and temDOrarU
all-weather driving surface access roads shall be
installed and made serviceable prior tO construction_
Occupancies in this developmentshall be required to
comply with applicable sections of the State Fire
Harshal's Rules and Regulations including, but not
limited to, exiting, doors, hardware, and lighting;
occupancy load limits and capacity posting; flame
resistiue qualities of drapes, curtains, and
decorations, etc.
All buildings shall be provided wi~h approued sprinkler
systems in accordance with I.S_O- specifications and
Danvilla Fire District Ordinance
24. Comply with Police Department's recommendations on the
installation of any alarm system in the project_
Z5. In accordance with Section 82-2.014 of the CountV Ordinance
Code as adopted bV the Cit~ of DanviiIe aIi permits issued
pursuant to TitIe 8 are to conform to Division 914
<Drainage) of the Subdivision Ordinance.
26_ All storm waters entering or originating within the subject
property are to be conveyed to the nearest adequate man-made
drainage facility or natural water course. Concentrated
storm drainage shall be prevented from draining across the
sidewalk or driveways. For this site, the applicants Civil
Engineer shall do a drainage studV and recommend drainage
improvements for review and approval b~ the City Engineer.
27. The issue of limitina the easterIv driveway to riaht turns
in and riaht turns out and cIosina the median at that point,.
as weii as the issue of a ieft turn iane for westbound
traffic on Sycamore VaIlev Road Vest at the proposed
wastefir driveway, shaii be sub.iect to further study by the
City Enaineer and Appiicant_
28. Plans for median modification shall be submitted to the Citp
Engineer for review and approval. Plans are to be prepared
by a registered Civil Engineer and are to include
landscaping, striping, signing and landscape irrigation
details.
29. Obtain a drainage permit for drainage work within the
existing storm drain easement,
30. Relinquish the abutter's right of vehicle access along the
S~camore UalleV Road Vest frontage except at proposed
driuewaVs_
31. Submit grading plans and improvement plans prepared bV a
Registered Civil Engineer to the Cit~ Engineer for review;
paV the inspection, plan review, and applicable lighting
fees. These plans shall include anU necessarV traffic
signing and striping plans. The improvement plans shall be
submitted to the Citp Engineer prior to the issuance of anp
building permit. The review of the improvement plans and
papment of all fees shall be completed prior to the
clearance of anV building for occupancp bp the Citp
Engineer. If occupanc~ is requested prior to construction
of improvements, the applicant shall execute a road
improvement agreement with the City and post bonds required
bV the agreement to guarantee completion of the work.
32, Install all new utilitp distribution services underground.
The proposed retaining walls shall be engineered if theV
support a slope of 3 to I or more- A building permit shall
be taken out for the walls if theV are three feet high with
a surcharge or if their height is four feet or more.
Plans accompanying the application for a grading permit
shall include existing contours, the extent of the proposed
grading, drainage improvements and general site
development, Plans accompanying the application for
building permits shall show existing contours, the extent of
the proposed grading and drainage improvements.
35. An erosion control plan shall be prepared for this project
prior to issuance of any grading permits_ This erosion
control plan shall specify that all sediMentation will be
confined to the construction site, shall provide for the
stabilization of all disturbed soils, and shall specify that
all grading shall be confined to the dry season.
36. Applicant and City shall enter into an agreement under the
terms of which applicant will agree to pay the applicable
improvements fee imposed by the City_ It is understood that
the City is presently studying the composition of a fee
structure for the funding of Capital IMprovements in the
downtown area and will establish a fee before May 31, 1985.
The agreement shall provide that the applicants May protest
the extent of the fee at an~ time and that the expiration of
the time to appeal the conditions does not apply to his
right to challenge the amount of the fee.
Correct any deficiencies in existing frontage improvements.
Install strcct light on Syoanerc Uallcy Road &leSt at thc
p;-OpOF_,e~ u~terly drivet~y_
Obtain an encroachment permit from Engineering Department
for construction of improvements within the public
right-of-way.