HomeMy WebLinkAbout96-01ORDINANCE NO. 96oO1
AN ORDINANCE OF THE TOWN OF DANVILLE APPROVING REZONING REQUEST
95-3 REZONING 3.2 +/- ACRES FROM R-15; SINGLE FAMILY RESIDENTIAL
DISTRICT TO O-1; LIMITED OFFICE DISTRICT
(APN 200-040-012 - MARIO MURILLO MINISTRIES)
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the 3.2 +/- acres located at 425 E1 Pintado and fronting at the northwest corner of
the intersection of E1 Cerro and El Pintado (APN: 200-040-012), is Rezoned from R-15;
Single Family Residential District to O-1: Limited Office District. Rezoning is subject to the
Findings and Conditions of Approval being Exhibit 1 of this Ordinance.
SECTION 2. Zoning Map.
The Zoning Map of the Town of Danville is amended accordingly:
PAGE 1 OF ORDINANCE NO. 96-01
SECTION 3. Publication.
The City Clerk shall either a) have this Ordinance published once within 15 days after the
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 it's adoption
and again within 15 days after adoption.
SECTION 4.
Effective Date.
This Ordinance becomes effective 30 days after its adoption.
SECTION 5.
Codification.
Sections Two, Three, and Four shall be codified in the Danville Municipal Code. Section
One shall not be codified in the Danville Municipal Code.
The foregoing ordinance was introduced at a meeting of the Town Council of the Town
of Danville held February 6, 1996, and was adopted and ordered published at a meeting
of the Council held on February 20, 1996, by the following vote:
AYES: Greenberg,
NOES: Shimansky
ABSTAIN: None
ABSENT: None
Arnerich, Doyle, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
CITY CLERK
CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 96-1 of said Town and that said ordinance was
published according to law.
Dated: ~.7~.,t~ 02]1 /~
City Clerk of the
Town of Danville
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PAGE 2 OF ORDINANCE NO. 96-01
Exhibit 1 of Ordinance No. 96-01
FINDINGS OF APPROVAL FOR REZONING PROPOSAL RZ 95-03
0
The proposed change of the subject property's zoning to O-1; Limited Office
District is consistent with the Goals and Policies of the Danville 2005 General Plan.
The site's orientation / exposure to El Cerro Boulevard and Highway 680, and
related traffic and noise impacts, make it uniquely suited for conversion from a
residential land use designation to an office designation, when compared to
surrounding properties which remain viable residential properties.
.
The office uses allowed in the O-1 District are compatible with existing uses in the
vicinity. The existing building, even when consideration is given to the newly
authorized range of general office uses which may occupy the building, is
generously buffered from surrounding residential properties so as to have minimal
adverse affect on those properties.
,
Community need has been demonstrated for the establishment of additional
general office space.
.
The Rezoning will not adversely affect the Town's ability to maintain high-quality
public facilities and services.
.
The Rezoning will not adversely affect the preservation of present aesthetics and
other community qualities.
.
The Rezoning will not adversely affect the quality of life within existing developed
areas of the community.
7. The Rezoning will not adversely affect the harmony between Danville's
development and its physical setting.
CONDITIONS OF APPROVAL FOR REZONING PROPOSAL RZ 95-03
o
This approval is for Rezoning request RZ 95-03, rezoning the subject 3.2_+ acre
property from R-15; Single Family Residential District to O-1; Limited Office
District.
o
The rezoning action provided for under Rezoning request RZ 95-03 shall not be
effective until Town Council approval of the land use designation change of the
subject property to a Commercial - General Office designation, as proposed under
General Plan Amendment Study GPA 95-1.
.
On-site parking for the existing 7,500_+ square foot building shall be increased
from the current count of 25 spaces to 33 total spaces to reflect the change in
occupancy from medical/dental uses to general office uses. Installation of the
required eight additional spaces shall not occur until a Town determination of the
their need is made. The property owner shall annually submit (until the required
eight space are constructed) a report indicating the building's current occupancy
characteristics and corresponding parking needs, which shall include field counts
of parking availability during normal business hours. This report shall be
submitted on the annual anniversary of the effective date of this rezoning action.
A review of the adequacy of existing parking may also be required by the Town
upon Town receipt of a building permit application for interior modification of the
building. The Town may at any time direct the property owner to install the
required eight additional parking spaces. Upon receipt of a notification that the
additional parking spaces must be installed, the property owner shall have a
maximum of four months to install the spaces.
.
Within one month of the effective date of this rezoning action, a landscape plan
shall be submitted to the Planning Division which shall indicate remedial /
supplemental landscape work that will been done by the property owner to return
the facility to an acceptable condition. The landscape plan shall be subject to
review and approval by the Planning Division. The work called for by the
approved landscape plan shall be done within two months of the Town approval
of the plan.
.
This rezoning action authorizes general office use of the subject property as
outlined in Section 32-51.2a of the Danville Municipal Code (O-1 Limited Office
District - Uses Permitted). No use of any portion of the building as a church shall
occur unless authorized by separate land use permit action, as required by Section
32-51.2b of the Danville Municipal Code (O-1 Limited Office District - Uses
Requiring Land Use Permit).
.
Except as may be provided by these conditions of approval and as a result of the
change in allowable building occupancy resulting from RZ 95-03, use of the site
shall remain subject to the conditions of approval established for LUP 2055-74.
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PAGE 2 OF EXHIBIT 1 OF ORDINANCE NO. 96-01