HomeMy WebLinkAbout90-08 Ordinance No. 90-8
AN ORI)INANCE OF T[-tI~ TOWN OF I)ANVILLE APPROVING REZONING OF
PROPERTY I ROM P-l; PlakNNED UNIT I)EVELOPMENT DISTRICT
TO R-65; SINGLE FAMILY RI~SIDENTIAL DISTRICT AND
AMENDING 'FHF, ZONING MAP OF THE TOWN DANVILLE
The Town Council of the Town of Danville DOES OI{DAIN. AS FOLLOWS:
SECHON 1. Rezoning
That the two existing lots located at 9'11 and 923 El Pintado Road (Assessor's Parcel
Number: 200-020-022 and 200-020-023) as shown on the Tentative Parcel Map for MS
860-89, dated received by the Town of Danville on January 26, 1990, are hereby
rczoned fi-om P-I; Planned Unit l)evelopment District to I{-65; Single Family Residential
i)istrict. I{ezoning is based upon the ['illclings anti conditions in Attachment A.
SF,(TI'!ON 2. Zoning Map
The zoning map of the Town of Danville is amended accordingly.
SE(HqON 3. Publication
The City Clerk shall either a) have this Ordinance published once within 15 days after
acloption in a newspaper of general circulation or b) have a summary of this Ordinance
pul)lished twice in a newspaper of general circulation once five days before its adoption
and again within '15 days after adoption.
The foregoing Ordinance was first read and introduced on April 3, 1.990 and approved
and adopted by the Danville Town Council at a Regular Meeting on Apr±]. 17,
19 90 , by the following vote:
Page 1 of Ordinance 90-8
AYES: GREENBERG, LANE, RITCHEY, SCHLENDORF, SHIMANSKY
NOES: NONE
ABSENT: NONE
NONE
ATTEST:
.~WN ATT~EY
MS860-89.ASR
Page 2 of Ordinance 90-8
ATTACHMENT TO ORDINANCE NO. 90-8
FINDINGS AND CONDITIONS OF APPROVAL
REZONING RZ 90-4
MINOR SUBDIVISION MS 860-89
VARIANCE VAR 90-15
FINDINGS
The Town of Danville hereby finds as follows in support of the Rezoning request:
1. The proposed rezoning from a P-l; Planned Unit Development District to a R-
65; Single Family Residential District is consistent with the Danville 2005 General
Plan.
2. The proposed development will constitute a residential environment of sustained
desirability and stability and will be in harmony with the character of the
surrounding neighborhood and community.
3. The uses authorized under this rezoning action are compatible with uses
: authorized in the adjacent zoning districts.
The Town of Danville hereby finds as follows in support of the Minor Subdivision
request MS 860-89:
1. The proposed subdivision is consistent with the Danville 2005 General Plan.
2. The design of the subdivision and the type of associated improvements will not
cause significant environmental damage or substantially and voidably injure fish
or wildlife or their habitat.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems.
4. The site is physically suitable for the proposed density of the development.
5. The design of the subdivision and the type of associated improvements will not
conflict with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
6. A Negative Declaration of Environmental Significance has been adopted for the
project, indicating that there are no significant impacts anticipated to be
associated with the project. The Negative Declaration satisfies the requirements
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of the California Environmental Quality Act (CEQA).
The Town of Danville hereby finds in support of the Variance request VAR 90-15:
1. The variance to allow development of one lot with slightly less than the required
lot size (65,000 square feet required -55,000 square feet requested) does not
constitute a grant of special privilege inconsistent with the limitations of other
properties in the vicinity and the respective land use district in which the
property is located.
2. Because of special circumstances applicable to the subject property (proximity
of adjacent land uses), the strict application of the zoning requirements would
deprive the subject property of rights enjoyed by the properties in the vicinity.
3. The variance substantially meets the intent and purpose of the R-65 Zoning
District in which the property is located.
CONDITIONS OF APPROVAL
Unless otherwise specified, the following Conditions shall be complied with prior to the
recordation of the Parcel Map for the project. Each item is subject to review and
approval by the Planning Depax:~ment unless otherwise specified.
A. GENERAL
1. This approval is for a single family residential development of a maximum
of three parcels with variance approval granted for Parcel A allowing a
reduced minimum lot size of 55,000+/- square feet. Development shall
be substantially as shown on the project drawings as follows, except as
may be modified by conditions contained herein;
a. "Tentative Parcel Map Merta Property" and "Slope Analysis" prepared
by DK Associates dated received by the Planning Department on
January 26, 1990.
b. "Grading Exhibif' prepared by Terramax dated received February
26, 1990.
c. Staff Study prepared March 5, 1990. (See attachment A)
2. 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, and the drainage acreage fees as
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established by the Contra Costa County Flood Control District.
3. 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 respective
agencies. The Fire District's initial comments on this project are
summarized in part within their letter of January 2, 1990.
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, 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.
5. Construction and grading operations, delivery of construction materials,
and warming up of grading and construction equipment 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.
6. All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements shall be required to be in place
prior to occupancy except for items specifically excluded in a Construction-
Phases Occupancy Plan approved by the Planning Deparunent. No
structure shall be occupied until the adjoining area is finished, safe,
accessible, provided with all reasonably expected services and amenities,
and appropriately separated from remaining additional construction activity.
B. SITE PLANNING
1. The individual air conditioning condensers serving each unit in this project
shall be ground-mounted, shall be located behind residential fencing and
shall be situated so as to maintain a minimum 5 feet clear and level
passage on side yards.
2. The land uses and minimum dimensional standards and requirements for
the principal and accessory structures on the lots in the subject project
shall be consistent with the R-65; Single Family Residential District
standards, as established by the Town Zoning Ordinance, except as follows:
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a. Lot sizes and dimensions shall be substantially consistent with those
shown on the Tentative Parcel Map dated January 26, 1990
(including variance for Parcel A)
3. Development on Parcel B and C shall be located substantially as shown on
the Grading Exhibit referenced in Condition AA.
4. Development rights shall be granted to the Town of Danville (restricting
development of accessory structures and prohibiting grading) over the
northeasterly portion of the subject parcels, as shown on the Staff Study
(Attachment A) referenced in Condition /L1. No structures shall be
allowed to be constructed within this area. Development rights shall be
granted in a manner approved by the Town Attorney.
5. Project lighting shall be inst~Ued in such a manner that glare is directed
away from surrounding prolvea'fies and rights-of-way.
C. LANDSCAPING
1. A Fencing Plan shall be submitted for review and approval by the Planning
Department prior to the recordation of the Parcel Map.
2. All construction, grading and landscape plans shall be based on an
arborist's report which shall address the preservation of the existing 72"
~ oak tree located on proposed Parcel B.
3. The developer shall post a tree protection deposit for all protected trees
located on the site ~ specified by Section 8-5608 of Ordinance No. 138
(Tree Preservation Ordinance) prior to the issuance of a grading or
building permit for Pactel ~5. The deposit shall be held for two growing
seasons to assure the health of the tree.
4. The de-~eloper shall submit a landscape plan prepared by a registered
landscape architect addressing all graded areas. The plan shall reintroduce
native ground covers to the graded areas. The plan is subject to review
and approval of the Planning Deparu~ent prior to issuance of building or
grading permits for Parcels B and C. The landscape plan shall be
implemented prior to issuance of a certificate of occupancy for any
structures on Parcel B and C.
D. ARCHITECTURE
1. Future structures on Parcels B and C are subject to a Development Plan
review process as required by Ordinance No. 29-84 (Scenic Hillside and
Major Ridsellne Development) prior to issuance of building or grading
petmits.
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', 2. All development and construction on the site shall be consistent with
Danville's Scenic Hillside and Major Ridgeline Guidelines.
3. The street numbers of the buildings shall be posted so as to be easily seen
from the street at all times, day and night.
F. GRADING
1. Any grading on adjacent properties will require written approval of those
property owners affected prior to the recordation of the Parcel Map.
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.
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.
5. Grading and land preparation shall be restricted to the period of April 15
to October 15 to minimize erosion and depositing of sediments, except as
may be authorized in writing by the City Engineer. All exposed erodible
slopes resulting from grading activities shall be hydromulched or otherwise
stabilized by the developer by October 15.
6. The soils engineer shall sign the final grading plans.
7. Each parcel shall be so graded as not to drain on any other lot or
adjoining property prior to being picked up by an approved drainage
system.
8. No grading pei~mits for Parcel B and C shall be issued prior to issuance
of a building permit for the principal residences for Parcel B and C.
G. STREETS
1. This subdivision shall pay a proportion of the traffic signalization costs at
the intersection of La Gonda Way and El Cerro Blvd and the intersection
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of 1-680 at El Cerro Blvd. The fee shall be paid at the time of the filing
of the parcel map and shall be determined by the City Engineer based
upon the best estimate available of the number of new residential units
and commercial impacts to be most directly served by this intersection.
The fee shall not exceed $1,000.00 per new residential parcels.
2. 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.
3. All street signing shall be installed by the developer as may be required
by the Town. This shall include, but not necessarily limited to "Stop", "No
Parking", "Not a Through Street" and street name signs. Traffic signs and
parking restrictions signs shall be subject to review and approval by the
City Engineer and the Police Department.
4. 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.
5. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall he 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.
6. The developer shall install a W56 sign opposite E1 Pinto within the public
right-of-way not less than 24" from face-of-curb, ff warranted due to traffic
safety considerations in the opinion of the Town Transportation Manager
or Town Engineer.
H. INFRASTRUCTURE
1. Water supply service shall be provided by the East Bay Municipal Utility
District in accordance with the requirements of the District.
2. Sewer disposal service shall be provided by the Central Contra Costa
Sanitary District in accordance with the requirements of the District, unless
approval is secured to utilize a private sewage disposal system.
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.
Maintenance of all drainage facilities located on private property shall be
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the responsibility of the property owner.
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. Each lot shall be supplied with curb shoots through adjoining
sidewalks/curbs, unless otherwise stipulated by the City Engineer.
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. Electrical, gas, telephone, and Cable TV services, shall be
provided underground in accordance with the City policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets.
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 Cheney Road for each 50 square feet of new impervious
surface area created by the development. 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 Flood Control District.
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OR, AT THE OPTION OF THE DEVELOPER,
b. Contribute to the County Deficiency Development Fee Trust (Fund
No. 812100-0800) a drainage fee of $0.10 per square foot of new
impervious surface area created by the development. xxrlthin 12
months of receipt of the contribution, the Flood Control District will
use the monies to implement the subject improvements. The added
impervious surface area created by the development will be based
on the Flood Control District's standard impervious surface area
ordinance.
15. In accordance with Section 92.2006 of the Town Ordinance Code, this
project shall conform to the provisions of the City Subdivision Ordinance
(Title 9). Any exceptions therefrom must specifically be listed in the
conditions of approval established for the Tentative Map approved for this
project.
I. MISCE~EOUS
1. The project shall be constructed as approved. Minor modifications in the
~ design, but not the use, may be approved by Staff. Any other change will
i~ require Planning Commission approval through the Development Plan
review process.
2. Conditions of this approval may require the developer to install public
improvements on land neither the developer, not the Town, has easement
rights to allow the improvements to be installed. The developer shall be
responsible for acquisition of the necessary easements either through
private negotiations or by entering into an agreement with the Town and
assume all responsibilities for acquisition pursuant to the Town's authority
for condemnation. Such acquisitions shall be commenced prior to the
developer's submittal of any parcel map. All costs associated with such
acquisition shall be borne by the developer.
3. The future property owners of Parcel B and C of MS 860-89 shall be
advised by the developer of the zoning restriction of keeping more than
two head of livestock on the each of these parcels. Additionally, the
developer shall advise the future property owners of the restrictions for
the development of animal structures (Section 8-5207e of Ordinance No.
43-84). Notification of the above shall be accomplished in the closing
papers for the initial sale of the two parcels.
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EXHIBIT B
NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE
MS 860-89 - MERTA
LEAD AGENCY: Town of Danville
NAME OF PROJECT: MS 860-89 -Merta
PROJECT DESCRIPTION: Minor Subdivision request to subdivide two existing
parcels with the sum of 4.37 acres into three
residential parcels.
ENVIRONMENTAL EFFECTS: None
MITIGATION MEASURES: None required
DETERMINATION: A Negative Declaration of Environmental Significance
has been prepared for this project. No significant
impacts are anticipated to be associated with the
project.
The Initial Study was prepared by the Planning Department, Town of Danville. Copies
of the Initial Study may be obtained at the Town offices located at 510 La Gonda Way,
Danville, California 94526.
ATTEST:
Kevin Gailey
Chief of PLanning
ms860-89.sta
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