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HomeMy WebLinkAbout2002-03ORDINANCE NO. 2002-03 REPEALING SECTION 32-69 OF THE DANVILLE MUNICIPAL CODE AND ADDING A NEW SECTION 32-69 RELATED TO THE REGULATION OF DEVELOPMENT WITHIN TOWN- IDENTIFI]ED SCENIC HILLSIDE AND MAJOR RIDGELINE AREAS SECTION 1. REPEALING EXISTING SECTION 32-69 OF THE DANVILLE MUNICIPAL CODE. The existing Section 32-69 of the Danville Municipal Code is hereby repealed in its entirety. SECTION 2. ADDING A NEW SECTION 32-69 OF THE DANVILLE MUNICIPAL CODE. A new Section 32-69 is hereby added to the Danville Municipal Code to read as follows: ARTICLE VII ADDITIONAL REQUIREMENTS FOR DEVELOPMENT 32-69 SCENIC HILLSIDE AND MAJOR RIDGELINE DEVELOPMENT. 32-69.1 Findings and Declaration of Intent. a. The Town Council finds that: There are hills and ridges within the Town which, because of their physical dominance of the Town's landscape, constitute significant natural topographical features and comprise a large part of the natural open space and scenic resources of the community; It is desirable to require in these areas an alternative approach to traditional and conventional fiat land practices of residential development, to keep grading and cut and fill operations consistent with the retention of the natural character of the hillside and ridgeline areas, and to preserve the predominant views both from and of the hillside and ridgeline areas; Passive open spaces is desirable and necessary to maintain the quality of life enjoyed by the residents of the community; The retention of scenic hillsides and ridgelines in as near a natural state as is feasibly consistent with the rights granted by law to property owners to develop their properties is important to the community's aesthetic qualities and will preserve a desirable visual identity of the Town; Hillside development requires special attention to the provision of public facilities and improvements in order to protect the health and safety of human life and property; The repair and stabilization of unsafe slide areas is crucial to the health, safety and welfare of the community, amd to the preservation of both public and private investments in such areas; The Town recognizes that each property has its own unique characteristics, including, but not limited to topography, tree cover and visual impact. The regulations in this chapter are intended to provide flexibility in the treatment of the development of individual properties as indicated by their uniqueness rather than to provide a fixed set of strict standards applicable in the same manner to all properties. In this way each property can be developed to its full potential consistent with the land use constraints as imposed by this chapter and other applicable land use regulations; and The imposition of the regulations imposed by this chapter may protect the Town from liability for soils instability by requiring that consideration be given to the presence of critically expansive soils or other soils problems. The purposes of this section are to: Preserve significant features of scenic hillsides and major ridgeline areas in essentially their natural state as part of a comprehensive open space system; o Keep the semi-rural qualities of the Town by preserving its open and uncluttered natural topographic features; o Encourage in these areas an alternative approach to conventional flat land practices of development; PAGE 2 OF ORDINANCE NO. 2002-03 Keep grading and cut and fill operations consistent with the retention of the natural character of the scenic hillsides and major ridgelines; Minimize the water runoff and soil erosion problems incurred in adjustment of the terrain to meet on-site and off-site development needs; Insure that the open space as shown on any Development Plan is consistent with the open space element shown on the General Plan; Preserve the predominant views of the scenic hillsides and major ridgelines and retain the sense of identity and image that these areas now impart to the Town and its surroundings; Require retention of trees and other vegetation which stabilize slopes, retain moisture, minimize erosion and enhance the natural scenic beauty and safety qualities of the hills; o Require planting whenever appropriate to maintain necessary cut-and-fill slopes, to stabilize them by plant roots, and to conceal the raw soil from view; and 10. Require retention of natural landmarks and prominent natural features that enhance the character of the Town. 32-69.2 Definitions. In this section unless the context otherwise requires: Major Ridgelines Areas shall mean lands situated at the crest of a range of hills or mountains. When referring to land or areas to which this section applies, Major Ridgeline Areas shall be as identified on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time. Scenic Hillside Areas shall mean lands with elevated land formations with unique visual character. When referring to land or areas to which this section applies, Scenic Hillside Areas shall be as identified on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time. PAGE 3 OF ORDINANCE NO. 2002-03 32-69.3 a. 32.69.4 Applicability and Relation to other Land Use Regulations. This section applies to Scenic Hillside and Major Ridgeline Areas which are shown and defined as such on Figure 10 of the Danville 2010 General Plan, as may be amended from time to time. Both the regulation established under the zoning district to which the land is classified and this section shall apply to lands identified as Scenic Hillside and Major Ridgeline Areas. If there is a conflict between this section and the land use regulations established under the zoning district, this section and the regulations, requirements, and the conditions imposed under the authority of this section shall control. Uses and Development of Lands Identified as Scenic Hillside or Major Ridgeline Areas. Permitted Uses. The uses and conditional uses permitted on lands identified as Scenic Hillside or Major Ridgeline Areas shall be as established under the zoning district in which the site is located. Prohibited Development: No development is permitted within one hundred feet (100') (measured vertically) of the centerline of a major ridgeline (the line running along the highest portion), or on slopes greater than 30 percent, except when an exception is granted by the Planning Commission in accordance with subsection 32-69.10. Development Prohibited }Yithout Permit: Except as provided under subsection 32-69.12, no person may grade, clear, construct upon or alter Scenic Hillside or Major Ridgeline Areas without approval granted under this section. Subdivisions: The subdivision of lands identified as Major Ridgeline or Scenic Hillside Areas shall not result in the creation of a building site within one-hundred feet (measured vertically) below the centerline of a Major Ridgeline,' or in any way results in a building site which does not comply with any of the requirements within this section, except when an exception is approved by the Planning Commission in accordance with subsection 32-69.10. Grading: No grading which results in the movement of 25 or more cubic yards of soil within lands identified as Scenic Hillside or Major Ridgeline Areas shall be allowed without a Hillside Grading Permit. A Scenic Hillside or Major Ridgeline Development Plan permit may be required, at the discretion of the Chief of Planning, prior to the issuance of a Hillside Grading permit. Factors in determining the need for a PAGE 4 OF ORDINANCE NO. 2002-03 Scenic Hillside or Major Ridgeline Development Plan permit shall include visibility of the site, impacts on mature trees, drainage issues, the steepness of the site, and geotechnical stability. The movement of 100 or more cubic yards of soil shall not be allowed without the approval of both a Hillside Grading Permit and a Scenic Hillside or Major Ridgeline Development Plan permit. Development Standards: No person may construct improvements on lands identified as Scenic Hillside or Major Ridgeline Areas, nor shall any building or other permit be issued, unless or until the applicant has complied with the development standards contained within subsection 32.69.7. 32-69.5 Application for Scenic Hillside or Major Ridgeline Development Permit. Requirement for Permit: A person who desires to erect a structure on, or to grade or improve lands identified as Scenic Hillside or Major Ridgeline Areas, or to make exterior modifications to existing structures located upon such lands, must receive a Scenic Hillside or Major Ridgeline Development Plan permit. The application may be combined with an application for a land use permit, tentative subdivision map, rezoning, or other land use entitlement. Application andlnformation: An applicant shall file an application on a form provided by the Town. The Chief of Planning will also require supplemental plans and information needed to properly review the application, including, but not limited to, the following: Site Development Plan. A site development plan, drawn at a one inch equals twenty feet scale (or as otherwise authorized by the Chief of Planning), showing the location and outline of all existing and proposed structures, streets, parking areas, retaining walls, limits of grading, utilities, and the location of nearby homes on adjacent properties. Tree Survey Plan. An accurately drawn tree survey plan, drawn at a one inch equals twenty feet scale (or as otherwise authorized by the Chief of Planning), showing the location, size, and species of all trees greater than four inches in diameter measured four and one-half feet above the ground. The plan shall indicate any trees which are proposed to be removed. Tree Report. A tree report, prepared by a certified arborist and listing all trees shown on the tree survey plan. For all trees PAGE 5 OF ORDINANCE NO. 2002-03 determined to be protected trees, as defined by the Town's Tree Protection Ordinance (Section 32-79), the report shall evaluate the health of the trees and shall identify any mitigation measures that should be employed to maximize the long term health of the trees. If development is proposed to occur within the dripline of any protected tree, the report shall evaluate the potential impact of the development on the tree(s), and recommend mitigation measures to prevent or minimize damage to the tree(s). Geotechnical and Soils Repor~ A preliminary geotechnical and soils investigation and report prepared by a certified engineering geologist licensed by the State of California or by a registered civil engineer qualified in soils mechanics by the State of California. The report shall identify any significant geologic problems, critically expansive soils or other unstable soil condition which, if not corrected, may lead to structural damage or future geologic problems both on and off the site. The report shall include recommendations for corrective measures deemed necessary to prevent potential damage to the proposed development and adjacent properties. The report shall take into consideration geotechnical and soils issues related to the specific design and features of the subject Development Plan application, as found necessary by the City Engineer. Preliminary Grading Plan. A preliminary grading plan indicating existing and proposed grades on a drawing to a scale of not less than one inch equals twenty feet, and contours at intervals not greater than two feet. The plan shall show the location of all existing and proposed retaining walls over two feet in height. Preliminary Landscape and Irrigation Plan. A preliminary landscape and irrigation plan with planting shown at a one inch equals twenty feet scale (or as otherwise authorized by the Chief of Planning) showing the proposed type and location of plant materials, preliminary irrigation design, and hardscape to be installed as part of the development. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. Architectural Plans. Architectural design plans showing all four exterior elevations, floor and roof plans of new or modified structures. The elevations shall be drawn in a hard-line manner to clearly depict all proposed features of the architecture. The PAGE 6 OF ORDINANCE NO. 2002-03 plans shall include notes and section drawings as necessary to clearly define all details of the architecture. A Design Review Board Submittal Requirement Checklist, available through the Danville Planning Division, must be completed and submitted along with any architectural plans related to a Scenic Hillside or Maj or Ridgeline Development Plan application. ge Lighting Plan. An exterior lighting plan showing the proposed location and design, including the lighting fixture design, of all existing and proposed exterior lights. Drainage Plan. A drainage plan showing existing and proposed drainage improvements to accommodate storm water run-off from the development. (Note: A hydraulic/hydrologic study may be required if determined necessary by the City Engineer.) 10.¸ Section Drawing.. Section drawings drawn through the highest portion of all structures proposed under a development plan request. For sloping building sites, the section drawing must be drawn from a point located a minimum of fifty feet above the proposed development to a point located a minimum of fifty feet below the proposed development. The section drawing shall show the location of the natural grade, proposed cut and/or fill, and the proposed structure. 11. Story Poles/Footprint Stages. Unless otherwise approved by the Planning Division, the applicant shall be required to install story poles and to stake and paint, or chalk, the outline of the proposed structure's footprint. The story poles shall be constructed to depict the maximum height of the primary ridgeline of the structure. Story poles shall be constructed using sturdy materials. Red flags shall be affixed to the top of each story pole. The story poles and stakes shall be established on the site a minimum of ten days prior to any Design Review Board, Planning Commission and/or Town Council meeting on the project, and shall be maintained as required until after each hearing. Failure to comply with this requirement may result in a delay in the hearing schedule for the project. Designation of Reviewing Body. The reviewing body is the authority charged with the duty of acting on a Scenic Hillside or Major Ridgeline Development Plan request. For an application that requires only grading or building permit approval for lands identified as Scenic Hillside Areas, the Chief of Planning shall be the reviewing body. At the discretion of the Chief of Planning, such application may be PAGE 7 OF ORDINANCE NO. 2002-03 32-69.6 32.69.7 referred to the Design Review Board and/or the Planning Commission for consideration. In all other cases requiring processing of a Scenic Hillside or Major Ridgeline Development Plan application, the Planning Commission shall be the approving body. Minimum Lot Area for Lands Identified as Scenic Hillside or Major Ridgeline Areas. The minimum lot area shall not be less than that prescribed by the applicable land use district and which is consistent with the General Plan. However, the required lot areas may be required to be larger than the minimum allowable lot size when the reviewing body finds that it is necessary to do so because of the physical terrain, such as slopes greater than 30 percent or areas of genteclmical instability, in order to assure that there will be a suitable building site for the approved use. In determining whether it is necessary to increase or decrease the lot area, the reviewing body shall apply the standards set forth in subsection 32-69.7 Hillside Development Standards. Development of lands identified as Scenic Hillside or Major Ridgeline Areas shall comply with the following development standards. a. Structure Height: The maximum height of the primary residence constructed on lands identified as Major Ridgeline or Scenic Hillside Areas shall be 28 feet. For homes with a finished grade building elevation located within 28 feet (measured vertically) below the centerline of a Major Ridgeline (requiring approval of an exception as outlined in this section), the maximum height of the primary residence shall be limited to 24 feet. The maximum height of any accessory structure on such lands shall be 15 feet. The maximum allowable height of any structures shall be measured vertically, at '_any__point of the footprint of the pro~9_d structure, determ ....... y-es ........... ~ a hy~om''';''~'~ ': ..... ~ ~ pr~ l ........ to fi~om either natural grade or ~ge finished grade building elevation, whichever i_. s lower -~t¢:s-4e,4he '* ........ ~--:~;~,- ~,,' ................. b ,,,,lght. PAGE 8 OF ORDINANCE NO. 2002-03 These height limits do not apply to chimneys or other minor architectural features. Mass: The design of the primary residence or accessory structure(s) shall minimize the perception of excessive bulk. Structures constructed on slopes shall utilize stepped foundations. Architecture shall include sufficient variation to avoid large flat wall areas, and to create shade and shadow. Two-story vertical walls and long, un- interrupted roof ridgelines shall be avoided. Colors/Materials: Exterior colors for all structures shall be muted with the intent of blending into the surrounding natural environment. Colors such as browns and tans are considered appropriate on lands identified as Scenic Hillside or Major Ridgeline Areas. Natural materials such as wood siding are preferred. Roof materials shall be dark in color and non-reflective, or as otherwise approved through the permit process, Red tile roofs are expressly prohibited. Mock- ups of the exterior colors shall be provided on the structure, as determined necessary by the Chief of Planning, for final review and approval by the Planning Division and/or Design Review Board (whichever was the approving body) prior to the painting of the structure. Any future addition shall match the approved colors and materials for the primary structure. Any change to the approved colors and materials shall require approval of a revised Scenic Hillside or Major Ridgeline Development Plan application. A deed notification shall be required to be recorded to run with the title of the property which notifies future property owners of the color and materials restrictions. PAGE 9 OF ORDINANCE NO. 2002-03 d4 Landscaping: When a development is proposed on lands identified as Scenic Hillside or Major Ridgeline Areas, tree planting to help screen the development from view shall be established. Trees shall be of a native variety, and shall be planted in a natural pattern to break-up the mass of the structure. Palm trees shall not be allowed (see Hillside/Ridgeline Design Guidelines for recommended tree list). Trees shall be minimum 15-gallon box specimen size. Depending on the visibility and need for immediate screening, trees may be required to be 24 to 48 inch box specimen size. Automatic drip irrigation for the trees shall be required until the trees are established, with a minimum of two years. The trees shall be maintained in a healthy growing condition on the site. When trees are required to be planted to mitigate visual impacts of a proposed development, the applicant shall submit a cash deposit, or other security acceptable to the Chief of Planning, in the minimum amount of five (5) thousand dollars with a maximum amount of fifteen (15) thousand dollars. After two full growing seasons, the Planning Division shall inspect the health of the trees that were required to be planted. Prior to the Town's release of the security deposit, the applicant shall be required to replace any of the required trees that have not survived. Where replacement trees are required to be planted, the two-year security period shall be repeated. However, upon approval by the Chief of Planning, the amount of the security may be reduced to reflect the estimated value of the replacement trees. Prior to the issuance of permits to initiate the approved development, the applicant shall be required to record a declaration to PAGE 10 OF ORDINANCE NO. 2002-03 run with the title of the property to notify subsequent property owners of the obligation to maintain the required trees on the site in a healthy condition. e. Vegetation: Existing native vegetation on a site proposed for development, including trees, shrubs, and grasses, shall be preserved to the extent poSsible, during and after construction, and shall be consistent with any recommendations contained within an arborists report prepared for the project. Grading: Grading of a site shall be limited to the minimum level necessary to reasonably develop the site. Establishment of large flat pads and yard areas on slopes greater than 20 percent shall be discouraged. The use of extensive retaining wall systems to develop building pad areas and/or yard areas serving the residence shall be avoided. g. Fencing: All fencing shall be open wire fencing. Fence posts shall be natural wood color, or painted a dark color. Solid wood fencing within 30 feet of the primary structure may be considered through the Development Plan review process where such fences are found not to result in negative visual impacts. h. Lighting: Exterior lighting shall be established and maintained at minimal functional levels of brightness. Light sources shall be screened to direct light on-site and to screen the light source from off-site views. Light fixtures shall be kept low to the ground. 32-69.8 Additional Development Requirements. The reviewing body may impose additional restrictions or requirements related to the development of a parcel located within identified Scenic Hillside or Major Ridgeline Areas. These additional restrictions may be required if it is found that the parcel requires additional protection because of its prominence and location or if it is determined that there may be PAGE 11 OF ORDINANCE NO. 2002103 exceptional hazards related to its development, Such additional restrictions or requirements must be consistent with the requirements of this section. 32-69.9 Dedication. The reviewing body may require as a condition of approval the dedication of a scenic easement(s) covering the remaining tmdeveloped areas of a parcel approved for development. No development that alters the natural appearance of the land, including the construction of structures or grading, shall be allowed within the area covered by the scenic easement (s). Non-native plantings, such as vineyards or orchards,~ea-e m~t n~3rma!ly alk3wc&-43m may be considered on a case-by-case basis through the development review process. 32-69.10 Exception to Permit Development Within One Hundred Feet of Major Ridgeline. An exception to modify paragraphs b. and d. of subsection 32-69.4 to permit development within one hundred feet (measured vertically) of the centerline of a major ridgeline may be granted by the Planning Commission in accordance with the zoning ordinance when the Planning Commission finds any one of the following: Due to the application of this section, a structure could not otherwise be constructed on the parcel; Development is designed to take place as far beneath the centerline of the major ridgeline as practical; or The proposed siting, grading, landscaping, and architecture are such that the development will not conflict with the purposes set forth in subsection 32- 69.1b. 32-69.11 Map. Figure 10 of the Danville 2010 General Plan Map showing the land subject to this section and referred to in subsection 32-69.3a, is attached to this section and incorporated by reference. If, in fixing the botmdaries of lands identified as Scenic Hillside or Major Ridgeline Areas as shown on Figure 10 of the Danville 2010 General Plan in relation to a specific parcel of property, there is uncertainty or dispute as to whether a property is subject to this section, the applicant shall prepare a precise topographic study fixing the location of the property in relation to the centerline of the pertinent adjoining maj or ridgeline. 32-69.12 Exemption from Section 32-69. This section does not apply to: a. Emergency site maintenance and emergency site repairs; PAGE 12 OF ORDINANCE NO. 2002-03 b. A one-time first-story building addition, with a maximum height of fifteen feet, containing less than one hundred square feet of floor area; or c. Animal-secure wire fencing; As to Scenic Hillside Areas only, the performance of work for ~vhich neither a building permit, grading permit, conditional use permit, subdivision map approval or other land use entitlement is required. 32-69.13 Exception. Any proposed development within lands identified as Major Ridgeline or Scenic Hillside Areas that is not consistent with the Development Standards contained within this section shall require the approval of an exception by the Planning Commission during a noticed public hearing. In order to grant an exception, the Planning Commission must determine that the exception will not result in development which is contrary to the purposes of this section as set forth in subsection 32.69.1.b. 32-69.13 Appeal. A person desiring to appeal a decision made under this section may do so under section 30-7 of the Danville Municipal Code. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, clause or phrase in this ordinance, or any part thereof, is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections or portions of this ordinance or any part thereof. The Town Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4. PUBLICATION AND EFFECTIVE DATE. The City Clerk shall have a smnmary of this ordinance published twice in a newspaper of general circulation, once within five (5) days before its adoption and once within 15 (fifteen) days after adoption. This ordinance shall become effective 30 days after adoption. PAGE 13 OF ORDINANCE NO. 2002-03 The foregoing Ordinance was introduced on May 21, 2002 and approved and adopted by the Danville Town Council at a regular meeting held on June 4, 2002, by the following vote: AYES: Waldo, Doyle, Greenberg, NOES: None ABSTAIN:None ABSENT: Arnerich Shimansky MAYOR CITY ATTORNEY CITY CLERK PAGE 14 OF ORDINANCE NO. 2002-03