HomeMy WebLinkAbout89-15 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Approving Rezoning of Property from ) ORDINANCE NO. 89-15
R-65; Single Family Residential )
District to R-40; Single Family )
Residential District and amending )
the Zoning Map of the Town. The )
Town Council of The Town of Danville )
DOES ORDAIN AS FOLLOWS: )
That the 2.0+/- acre portion of the 21 acre aggregation of three
existing properties fronting along the north side of E1 Pintado
Road, located approximately 300 feet north of the intersection of
E1 Pintado Heights Dr. and E1 Pintado Road (portions of Assessor's
Parcels 197-161-011, -051 and -052) and as detailed as Parcel A of
Tentative Map MS 853-89, (dated received by the Planning Department
April 20, 1989) as Parcel A of Tentative Map MS 858-89, (dated
received by the Planning Department on June 29, 1989) and as the
25' x 250' +/- portion of the Pearson property situated between
these two parcels, is rezoned from R-65; Single Family Residential
District to R-40; Single Family Residential District. The
Rezoning, and the concurrently requested Minor Subdivision requests
(MS 853-89 and MS 858-89) are approved as conditioned by the
requirements listed within Attachment 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 September 18, 1989 and was
adopted and ordered published at a meeting of the Council held on
October 2, 1989, by the following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSTAIN: NONE
MAYOR
ATTEST:
APPROVED AS TO wn~:
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· EXHIBIT A
( FINDINGB ~ CONDITIONS OF ~PPROVAL
REZONING RZ 89-2, MINOR SUBDIVISION MS 853-89
AND MINOR SUBDIVISION 858-89
(BALL, MUTALL & PEARSON)
FINDINGS
The Town of Danville hereby finds as follows in support of the
Rezoning request:
1. The proposedrezoning is in conformance with the General Plan
Goals and Policies.
2. The uses authorized under this rezoning action will be
compatible with the uses existing and proposed in the adjacent
zoning districts.
3. Residentialuse is a demonstrated community need.
The Town of Danville hereby finds as follows in support of the
Tentative Minor Subdivision requests:
1. The proposed Minor Subdivisions are consistent with the Town
of Danville General Plan.
2. The design of the proposed Minor Subdivisions are in
substantial conformance with the applicable zoning
regulations.
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3. The subject properties are physically suitable for the four
parcel net subdivision as they contain two appropriate new
building sites.
4. The subject properties are physically suitable for the
proposed density.
5. The design of the proposed Minor Subdivisions andthe proposed
improvements are not likely to cause substantial environmental
damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential
development has occurred previously.
6. The design of the proposed Minor Subdivisions and proposed
improvements are not likely to cause public health problems
because water and sanitary facilities services will be
available to two new proposed parcels.
7. The design of the proposed Minor Subdivisions and proposed
improvements will not conflict with easements, acquired by the
public at large, for access through or use of, property within
the proposed subdivision.
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CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be
complied with prior to the approval of either Parcel Map for the
two subject Tentative Maps. Items that are specific to either MS
853-89 or MS 858-88 are so identified. Each item is subject to
review and approval by the Planning Department unless otherwise
specified.
A. General
1. Except as may be modified by the following Conditions of
Approval, the development of the 11 +/- acre Ball
property (APN 197-161-052 & -039) shall be substantially
as shown on the Tentative MapMS853-89 prepared by Bryan
and Murphy Associates, Inc., marked received by the
Planning Department on April 20, 1989, modified as
necessary to accommodate the pending Lot Line Adjustment
(LLA 89-2) involving the Ball property the 2.5 +/- acre
Mutall property (APN 197-161-051) and the 5.8 +/- acre
Pearson property (APN 197-161-051) and to also reflect
the layout for Tentative Map MS 858-89 covering the
Mural1 property.
2. Except as may be modified by the following Conditions of
Approval, the development of the 2.5 +/- acre Mutall
property (APN 197-161-011) shall be substantially as
{ shown on the Tentative Map MS 858-89 prepared by Bryan
and Murphy Associates, Inc., marked received by the
Planning Department on June 29, 1989, modified as
necessary to accommodate the pending Lot Line Adjustment
(LLA 89-2) involving the Mutall property the 11 +/- acre
Ball property (APN 197-161-051) and the 5.8 +/- acre
Pearson property (APN 197-161-051) and to also reflect
the layout for Tentative Map MS 853-89 covering the Ball
property.
3. The developer shall pay any and all Town 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 permits are secured. Notice
should be taken specifically of the Town's Transportation
Improvement Program (TIP) fee, Park Dedication Fee (to
be collected upon issuance of building permits) and the
drainage acreage fees as established by the Contra Costa
County Flood Control District.
4. Prior to the issuance of grading or building permits, the
developer shall submit written documentation that all
requirements of the San Ramon Valley Fire Protection
District and the San Ramon Valley Unified School District
have been or will be, met to the satisfaction of these
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respective agencies. The Fire District's initial
comments on this project are summarized in part within
their letter of July 17, 1989.
5. If archeologica1 materials are uncovered during any
construction or pre-construction activities on the site,
all earthwork within 100 feet of these materials shall
be stopped, the Town Planning Department notified, and
a professional archeologist, certified by the Society'of
California Archeology and/or the Society of Professional
Archeology, shall be notified. Site work in this area
shall not occur until the archeologist has had an
opportunity to evaluate the significance of the find and
to outline appropriate mitigation measures, if they are
deemed necessary.
6. Construction and gradingoperations 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. If determined necessary
by the City Engineer, the project developer shall provide
security fencing around the entire site during
construction of the project.
7. The future property owners of Parcel A of MS 853-89 and
Parcel A of MS 858-89 shall be advised by the developer
of the zoning restriction of keeping more then two head
of livestock on the each of these respective parcels.
Additionally, the developer shall advise the future
property owners of the restrictions for the development
of animal structures (Section 8-3207 e of Ordinance No.
43-84). Notification of the above shall be accomplished
in the closing papers for the initial sale of the two
parcels.
B. Site Planning
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 belocated between any street
and the front of a building.
3. No parking shall be permitted along private roadways
serving the parcels created by these subdivisions. A
plan shall be prepared which delineates the pavement
markings and signage used to designate the private
roadways as no parking zones. The plans are subject to
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review and approval by the San Ramon Valley Fire
Protection District.
4. Development on Parcel A of MS 858-89 shall be
substantially within the pad area designated on the plans
labeled "Sheet 1 - Site Plan" and "Sheet 2 - Site Plan
and Section" prepared by Dahlin Group and dated June 29,
1989. Deviation from the approved pad area shall be
subject to an Administrative Development Plan (ADP)
procedure. The ADP shall assess the revised grading
and driveway location.
5. The minimum setbacks for the future residence on Parcel
A of MS 853-89 shall be as follows;
Frontyard Setback 25 feet
Secondary Setback (from
access easement serving
Parcels A & B) 20 feet
Sideyard Setback (from
north property line) 20 feet
Rearyard setback (from
northeast property line) 20 feet
6. The rear (northeastern) property line for Parcel A of MS
853-89 shall be adjusted to generally parallel the
existing contours on the property.
7. The minimum setbacks for the future residence on Parcel
A of MS 858-89 shall be as follows;
Frontyard Setback 25 feet
Secondary Setback (from
access easement along the
west side of the parcel) 20 feet
Sideyard Setback (from
east property line) 20 feet
Rearyard setback (from
north property line) 20 feet
8. The rear (north) property line for Parcel A of MS 858-89
shall be adjusted to generally parallel the existing
contours on the property. The adjustment of this
property boundary shall also serve to either pull the
existing pump house shown on Parcel A onto Parcel B or
to assure provision of a minimum 5eUbu~k of 5 feet is
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observed for this accessory structure.
C. ?andscaDing
1. All existing trees on the site shall be preserved to the
extent practicable. Removal will be allowed only upon
prior written approval from the Planning Department.
D. Architecture
1. All ducts, meters, air conditioning and/or any other
mechanical equipment whether on the structure or on the
ground shall be effectively screened from view with
landscaping or materials architecturally compatible with
the main structure(s).
2. The street number(s)of the building(s), including the
existing house, shall be posted so as to be easily seen
from the street at all times, day and night.
E. Grading
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 Chief Building official and employed
at all times as conditions warrant.
3. Development shall be completed in compliance with a
detailed soils report and the construction grading plans
prepared for this project. The soils report shall
contain specific recommendations for foundation design
of the building. The engineering recommendations
outlined in the project specific soils report shall be
incorporated into the design of this project.
4. Where soils or geologic conditions encountered in grading
operations are different from that anticipated in the
soil report, a revised soils report shall be submitted
for review and approval by the Town Engineer. It shall
be accompanied by an engineering and geological opinion
as to the safety of the site from settlement and seismic
activity.
F. 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
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' or easement.
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2. Street signing shall be installed by the developer as may
be required by the City Engineer. Traffic signs and
parking restriction signs shall which may be required to
be installed shall be subject to review and approval 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 necessaryby
the City Engineer.
4. Handicapped ramps shall be provided and located as
required by the City Engineer.
5. 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 sea1, overlay or street
reconstruction if deemed warranted by the City Engineer.
6. The tentative maps for both subdivision requests shall
be revised to indicate a minimum 200 foot radius curve
at the centerline of E1 Pintado, rather than the
deflection angle currently existing along the project
frontages.
7. The north / northeasterly half-width section of E1
Pintado shall be offered in dedication to the Town of
Danville for street and utility purposes as a
Neighborhood Collector (30' half-width street right-of-
way) along the frontages of both these subdivisions.
(Excess public street right-of-way is intended to be
abandoned by the Town in the future when the ultimate
roadway is installed).
8. The north / northeasterly half-width of E1 Pintado along
the frontage of both these subdivisions shall ultimately
be improved to Neighborhood Collector standards with
street paving and curb andgutter (20' half-width street
section measured curb to center-line width). Since it
is not possible to improve the roadway to its ultimate
configuration at this time because insufficient right-
of-way exists offsite to install it in its final
location, the developers of these subdivisions shall
enter into a deferred improvement agreement to install
these improvements when abutting properties do their
street improvements or when the City Engineer determines
Chat it is necessary for public safety purposes.
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9. The roadway travel lane is as little as 8' in width in
existing condition along portions of these properties'
frontages. The developers of these subdivisions shall
be responsible to widen the existing north /
northeasterly travel lane to a minimum width of 12 feet
and install a 2 foot wide shoulder across the frontage
of these subdivisions. Transitions to existing paving
at both edges of the required improvements shall also be
the responsibility of the developers of these projects.
10. The existing private road along the west side of proposed
Parcel A of MS 858-89 is in an extreme state of
disrepair. The developer of this subdivision shall be
responsible for providing the Town of Danville with
documentation showing the parties responsible for the
maintenance of this roadway, and evidence that the new
parcel created by this subdivision shall be include~.
A 16 foot minimumwidth roadway shall be established and
maintained for this roadway for the entire west frontage
of the 2.5 acre property involved with MS 858-89. A
wider road section shall be established if determined
necessary by the San Ramon Valley Fire Protection
District.
10a. Prior to the recordation of the Parcel MaD for MS 858-
89. the developer shall document that a diliaent effort
has been made to have all parties usina the private road
referenced in Condition 410 above enter into a cost
sharina aareement for the equitable distribution of the
costs associated with the reauired road improvements for
that private road. If such an agreement cannot be
secured. the developer shall be solely responsible for
the required improvements.
19. ~1. Positive drainage on the public right-of-way shall be
provided.
H~ G. Infrastructure
1. Water supply service shall be provided by the East Bay
Municipal Utility District (EBMUD) in accordance with the
requirements of the District. The applicant shall take
note that EBMUD has adopted special rules concerning new
connections during the current water shortage emergency
condition.
2. Sewer disposal service shall be provided by the Central
Contra Costa Sanitary District in accordance with the
requirements of the District. The District's preliminary
comments on these proposals, including comments regarding
special design considerations for the design of sewers
in hillside and creek areas, are indicated in their
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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 stormwater 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 lease
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.
13. All public improvement plans shall be prepared by a
licensed civil engineer.
14. The developer shall mitigate the impact of additional
stormwater runoff from this development on the San Ramon
Creek watershed by either of the following methods:
a. Removing I cubic yard of channel excavation material
from the inadequate portion of San Ramon Creek near
Chaney Road for each 50 square feet of new
impervious surface area created by the development.
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All excavated material shall be disposed of offsite
by the developer at his cost. The site selection,
land rights, and construction staking will be
determined by the Contra Costa County Flood Control
District.
OR, UPON WRITTEN REQUEST BY THE DEVELOPER
b. Provide for a cash payment in lieu of actual
excavation and removal of material from the
inadequate portion of San Ramon Creek near Chaney.
The cash payment will be calculated at a rate $0.10
per square feet of new impervious surface created
by the development. The added impervious surface
area created by the development will be based on the
District~s standard impervious surface area
ordinance. The District will use these funds to
work on the San Ramon Creek annually.
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