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HomeMy WebLinkAbout109-87 BEFORE THE CITY COUNCIL OF THE TOWN OF DANVILLE In the Matter of: ) ORDINANCE No. 109 ) Granting Rezoning of Land from ) R-10 to 0-1 and amending the ) zoning map of the Town ) The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS: SECTION 1. Rezoning. That the .98 ± acre parcel located at 400 West E1 Pintado (APN: 196-190-001) and shown on the attached Exhibit B is rezoned from R-10 to 0-1 zoning district. Rezoning is based upon the Findings and Conditions of Approval for RZ 86-5, DP 86-27 and VAR 86-34 as listed in Exhibit A. SECTION 2. Zoning Map. The zoning map of the Town 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 Town Council of the Town of Danville held on January 5 , 1987, and was adopted and ordered published at a meeting of the Council held on February 2 , 1987, by the following vote: AYES: Kennett, McNeely, Schlend0rf NOES: None ABSENT: Lane ABSTAIN: Offenhartz ~~/ MAYOR q , ^ ; J EXHIBIT A FINDINGS OF CONDITIONS OF APPROVAL RZ 86-5, DP 86-27 & VAR 86-34 Findinas Rezoninq 1) The rezoning complies with the E1 Cerro General Plan Amendment which designates the vacant site for Limited Office uses. 2) The rezoning will not adversely affect adjacent property owners and the authorized uses are compatible within the zoning district and with the uses authorized in adjacent districts. Development Plan 1) The proposed office is consistent with the purpose of the 0-1 Limited Office district and generally conforms with all development standards inthe district. 2) The site and building design, as conditioned, are compatible with other uses in the vicinity due to the site's proximity to the freeway and its sensitive design features along its borders adjacent residential uses. Variance 1) The proposed variances for use of compact parking stalls and a reduced parking ratio for the office development does not constitute a special privilege inconsistent with the limitationson other properties in the vicinity. The configuration of the subject parcel and the outdated nature of several parking-related City Ordinances create a hardship sufficient to justify the variance requests. 2) The proposed variance for use of a monument-type sign for the office development does not constitute a special privilege inconsistent with the limitations on other properties in the vicinity. The proposed building materials for the sign will be compatible with the primary structure and will compliment the project. These types of signs are typically approved in the 0-1 district with sufficient design controls thus justifying the variance request. -1C 3) Because of the special circumstances applicable to the subject property, the strict application of the standard regulations is found to deprive the property of rights enjoyed by other properties in the vicinity. 4) The requested variances will substantially meet the intent and purpose of the 0-1 zone in which the site is located. CONDITIONS OF APPROVAL A. General 1. The development shall be substantially as shown on the project drawings labeled H & O Ventures, West E1 Pintado Office Building, as prepared by Dahlin Group and marked Exhibit "~" on file with the Planning Department except as modified by the following conditions of approval. 2. The developer shall pay any and all City and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permit is secured. Notice should be taken specifically of the City's Transportation Improvement Program (TIP) fee and the drainage acreage fee as established by the Flood Control District. 3. The developer shall comply with all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District 4. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped until a professional archeologist certified by the Society of California Archeology and/or the society of Professional Archeology has had an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. 5. Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. -2C B. Site plann~na 1. All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 2. The location of any pad mounted transformers shall be subject to approval by the Planning Department prior to the issuance of a building permit. Generally speaking, such transformers shall not be located between any street and the front of a building. c. Landscaping 1. A final landscaping plan shall be submitted for review and approval by the Planning Department prior to the issuance of a building permit. 2. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. 3. All trees shall be a minimum of 15 gallon container size and properly staked. Shrubs not used as ground cover shall be a minimum of 5 gallons is size. 4. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. 5. All existing trees on the site shall be preserved to the extent practicable: removal will be allowed only upon written approval of the Planning Department as indicated on final plans. 6. The applicant shall coordinate with Cal Trans to implement the proposed landscape plan in the 20 foot right-of-way adjacent to the freeway. 7. A 6 foot fence shall be located along the site's southern boundary- D. Architecture 1. All ducts, meters, air conditioning and/or any other mechanical equipment whetheron the structure or on the ground shall beeffectively screened from view with landscaping or materials architecturally compatible with the main structure(s). The highest point of any roof mounted equipment shall not extend above the top of the equipment well. -3c 2. All trash and refuse shall be contained within enclosures architecturally compatible with the main structure(s). Enclosure design shall include six (6) foot high masonrywalls on three sides with steel framed gates and wood bolted to the gates. Gates will be self-closing and self-latching. 3. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. 4. One 3 foot by 6 foot monument sign is allowed for the development. In addition to any signs approved as part of this application, a comprehensive sign program shall be submitted to the City for consideration under a separate application. 5. Prior to the issuance of a building permit, samples of final colors and materials selected shall be approved by the Planning Department for review and approval. E. Parking 1. All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles. 2. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less that 8 feet by 16 feet in size including allowable overhang. 3. Twenty five percent of the required parking will be compact stalls and the parking ratio shall be one space for each 225 square feet gross floor area. F. Gradinq 1. Any grading on adjacent properties will require written approval of those property owners affected. 2. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the City Engineer and employed at all times as conditions warrant. G. Streets 1. The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. -4C 2. All street signing shall be installed by the developer re ired b the City. This shell include, but is as qu .~ .._J~_~ ~_ ,,a~.. "No Parkin=," "Not a not necessarily llmluBu ~v o~, ~ Through Street," and street name signs. Traffic signs and parking restriction signs shell be approved by the Police Department. 3. The developer shall keep adjoining public streets free and clean of project dirt, mud, materials and debris during the construction period, as is found necessary by the City Engineer. 4. Handicapped ramps shall be provided and located as required by the City Engineer. 5. This development shall be_providep.wit~._~ :~e and effective circulation system zor Dxcycxes pedestrians. These facilities shall be designed and installed to the satisfaction of the City Engineer and shall be separated from vehicular traffic wherever possible. 6. One street light is required along the West E1 Pin%ado frontage. The owner shall submit a letter to the City consenting to the inclusion of this subdivision in the City's Street Lighting Assessment District 1983-1. 7. Full width street paving with curb and gutter and sidewalks are required along the West E1 Pin,ado frontage. 8. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer at full expense to the developer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 9. The developer shall construct a 4.5 foot sidewalk along the east side of W. E1 Pin, ado from the northerly property line of the site to E1 Cerro Boulevard across the State property frontage. The developer has the in order to be o ,ion to apply for a Benefit District ese im rovements reimbursed for the costs of th P · H. infrastructure 1. water supply service shall be provided by the East Bay cial Utility District in accordance with the Muni P ........ =-~ unless a~roval is secured requirements of =he ul~u~ == to utilize a well system. -5C 2. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control District. 4. All storm water run-off shall be collected and conducted via an approved drainage method to the nearest approved downstream facility. 5. Off-site drainage flows shall be intercepted at the project boundary via an approved storm drain facility, or as approved by the City. 6. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. 7. Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. 8. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. 9. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. 10. The developer shall comply with all relevant requirements of the Contra Costa County Flood Control District. 11. The developer shall furnish proof to the City Engineer 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. 12. All utilities required to serve the development shall be installed underground including replacement of the existing open storm drainage channel with an underground system. A storm drainage easement which aligns with the required facilities shall be dedicated. 13. All public improvement plans shall be prepared by a registered Civil Engineer. lp: pcrcoa -6C KAN(.;HO 5AN ~D '..~.~..... ,-'--, '-'--,FIRST' ADDITION 3'~ '" - \,-51P. M.33 8L ' m ,ue -oL~ TRACT 5/I ~ '~ (~_ ,-96RM. 42 7-,, sTATE /,- .-~, o · I / · ,4}~/ / 113 ' ' ·$g,d . ) ~ / "C" / / 112 · ' , t· st~ tt ~F:J (~ .d/,~. % BOOK [96 PAGE 1.9 CON1T~A COSTA COUNTY, CALIF.