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HomeMy WebLinkAbout64-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Rezoning the "Danville Office Complex" from M-12 to P-1 and approve the proposed Final Development Plan (P-1 85-1) ORDINANCE NO. 64-85 The City Council of the City of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the site located at the southwest corner of San Ramon Valley Boulevard and Podva Road, specifically Assessor's Parcels 208-190-020, 208-190-021 and 208-190-022 (portion) is hereby rezoned from M-12 to P-1. Rezoning is based upon the Final Development Plan for the P-1 Zone (Exhibit-C) as conditioned by the requirements listed on 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 June 3, 1985, and was adopted and ordered published at a meeting of the Council held on ~ne ]7, , 1985, by the following vote: AYES: NOES: ABSENT: Lane, May, Offenhartz, Schlendorf MAYOR ABSTAIN: None ATTEST: PUD 85-1 EXHIBIT A FINDINGS AND CONDITIONS OF APPROVAL FINDINGS The Planning Commission finds as follows in support of the rezoning request. The proposed change will substantially comply with the General Plan; The office uses proposed in the land use district are compatible within the district and to uses authorized in adjacent districts; and Community need has been demonstrated for the use proposed through the General Plan Amendment process. CONDITIONS OF APPROVAL Development shall be substantially in accord with the plans titled, "Danville Office Complex", prepared by G. Michael Goldsworthy, containing seven (7) sheets dated May 13, 1985, except as may be modified by the conditions contained herein. Permitted Uses: the P-1 zone: The following uses shall be permitted in a) Professional offices and clinics such as those pertaining to, but not limited to, the practice of law, architecture, dentisty, medicine, engineering and accounting; b) Administrative, executive and editorial offices; c) Drug and prescription sales accessory to a medical office or clinic providing such use is definitely. incidental to the primary use and is not visible from the street. Parking: a) A parking ratio of one (1) space for each 225 sq. ft. of gross floor area shall be constructed and maintained on site for Phase 3. b) A maximum of 25 percent of the required parking in Phase 3 may be compact car parking spaces· Application for a variance may be made for modification of the Phase 1 and 2 parking lots to increase the number of compact spaces. c) Minimum parking space dimensions shall be as follows: i) Standard size spaces: 9 feet by 19 feet~ ii) Compact car spaces: 8 feet by 16 feet~ iii) Handicap spaces: 14 feet by 19 feet. 4. Landscaping: a) All landscaped areas within the parking lot shall have minimum dimensions of six (6) feet, excepting the landscape strip along the south property line. The six C6] feet may include adjacent landscape areas of Phases 1 and 2. b) Landscaping on both sides of the trash enclosure shall be a minimum of three (3) feet in width. c) The final landscape plan shall include a greater number of trees along the San Ramon Valley Boulevard street frontage. d) e) The final landscape plan shall indicate the specific locations of all plant materials including the shrubbery, subject to approval by the Planning Department. All plant material shall be served by a City approved automatic underground irrigation system. f) g) All shrubs not used as ground cover or for accent purposes shall be a minimum of five gallon container size and all trees shallbe a minimum of fifteen gallons. All proposed landscape material shall be protected and maintained in healthy growing condition. Signs: a) No new freestanding advertising signs shall be installed in the P-1 zone. b) Building mounted signs shall comply with the sign program established for Phases 1 and 2. Miscellaneous: a) b) Buildings shall be setback a minimum of ten (10) feet from the southern property line and the parking lot~ of any project Phase. All exterior light fixtures shall be designed and installed to be down directed such that light and glare do not negatively impact surrounding properties. c) All parking surface edges shall be bordered with City approved concrete curbing. d) Parking spaces shall not be permitted to overhang curbing by more than two feet. e) All mechanical equipment shall be architecturally screened subject to approval by the Planning Department, except that mechanical equipment shall not be installed on any pitched portion of a roof. _ f) The private road extending from the northwest corner of the project to Podva Road shall be deeded to the owners of the adjacent single family homes within sixty days of the Citv's acceptance of the culvert improvements. In the event that the adjacent property owners refuse to accept the dedication. the owner shall make application to the Planning Commission for modification of the condition. g) Sewage disposal serving the buildings shall be provided by the Central Contra Costa Sanitary District in accordance with the fee schedules and construction standards of the District. Water supply serving the parcel shall be provided by the East Bay Municipal Utility District, in accordance with the fee schedules and construction standards of the District. h) i) J) Project design shall conform to all standard requirements of the San Ramon Valley Fire Protection District. Buildings in Phase i shall'be repainted prior to final occupancy of the Phase 3 buildings. Colors on Phases 1 and 3 shall be aS aperoved by the Planning Commission. This approval constitutes approval of the Final Development Plan subject to all conditions contained herein. The final plans shall be revised to comply with these conditions subject to review and approval by the Planning Department. Project design shall confo:~'~ to the following requirements of the City Engineer: a) b) Convey to the City, by offer of dedication, 26 feet of additional right-of-way on San Ramon Valley Boulevard as required for the planned future width of 74 feet in accordance with County Drawing PA 5301-68, across the full frontage of the existing 4.51 acre parcel. The offer of dedication must be executed by the owner before the building permit is issued. Provide joint use agreements, acceptable to the City Engineer, executed by all owners of any existing utility of other easements within the right-of-way to be deeded. Construct frontage improvements for the planned future street width across the full frontage of the existing 4.51 acre parcel. These improvements shall include but are not limited to pavement widening, curb, gutter, and six foot six inch wide sidewalk measured from the curb face, relocation.of existing power pole, relocation of the existing speed limit sign, and street lights on San Ramon Valley Blvd. The final number of lights and locations to be approved by the City Engineer. Frontage improvements shall include transitions as required by the City Engineer. c) In accordance with Section 82-2.014 of the County Ordinance Code as adopted by the City of Danville this development shall conform to the requirements of Division 914 (Drainage) of the subdivision ordinance. The ditch along Podva Lane shall be improved in an underground structure from Podva Road to the existing outfall located southerly of the church property. Storm drainage conveyed in a concentrated manner shall not be drained across the sidewalk. A private drainage easement shall be required for the proposed sheet flow of drainage across the northerly property line adjacent to the existing parking lot. Drainage shall not be directed onto the existing residential lot along the northernly property line. The adequacy of the drainage facility in San Ramon Valley Blvd. shall be verified prior to the project site being drained to it. Dedicate a drainage easement and observe the structure setbacks pursuant to the requirements of the Ordinance Code for any portion of the drainage system which conveys runoff from public streets. e) Submit a metes and bounds description and a plat, prepared by a licensed land surveyor or registered civil engineer, for the above-mentioned drainage easement(s) to the Engineering Department for review and the preparation or instruments. f) g) h) i) j) k) 1) m) The above instrument will be prepared by the Engineering Department upon request by the applicant and submittal of a current title report on the affected property. Furnish proof to the Engineering Department of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site, temporary or permanent, road and drainage improvements. The applicant shall obtain private access and egress easements for the proposed driveways which connect to parking lots to the north and south of this site. Submit improvement plans prepared by a registered Civil Engineer to the City Engineer for review~ pay and plan review an inspection fees which are not paid in conjunction with the Minor Subdivision MS 14-S3, which was for the existing 4.51 acre site. These plans shall include any necessary traffic signing and striping plans. The improvement plans 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 bonded improvement agreement with the City to guarantee completion of the work. Plans accompanying the application for building permits shall show existing contours, the extent of the proposed grading, and drainage improvements. All utility distribution services to the new buildings shall be installed underground. Applicant and City shall enter into an agreement under the terms of which applicant will agree to pay the applicable imrpovements fees 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 June 1, 1985. The agreements 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 consider giving the Applicant credit toward the final improvement fee for off-site work done by the Applicant. Nine thirty four Ocho Rios has a rear yard driveway gate to Podva Lane. The Applicant shall determine if the residence at 934 Ocho Rios Drive has access rights over the portion of Podva Lane which is on this site.