HomeMy WebLinkAbout98-20 EXHIBIT A
RESOLUTION NO. 98-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THAT THE TOWN COUNCIL
ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVE ZONING TEXT AMENDMENT
ZTA 98-02 AMENDING PORTIONS OF TOWN MUNICIPAL
CODE SECTION 32-63 PERTAINING TO P-1 PLANNED
UNIT DEVELOPMENT DISTRICTS
WHEREAS, the Town of Danville has requested approval of a Zoning Text Amendment ZTA
98-02 to amend portions of Section 32-63 of the Town's Municipal Code related to the P-1
Planned Unit Development District; and
WHEREAS, the P-l; Planned Unit Development District Ordinance is applicable Town-wide;
and
WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance specifies
the intent and purpose, procedures, and standards for development with the P-l; Planned Unit
Development District; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
April 14, 1998; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, a staff report was submitted recommending that Planning Commission recommend
the Town Council approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing; now, therefore, be it
RESOLVED that the Planning Commission of the Town of Danville recommends the Town
Council adopt a Negative Declaration of Environmental Significance and approve of the Zoning
Text Amendment ZTA 98-02 per the conditions contained herein, and makes the following
findings in support of this action:
1. The proposed Zoning Text Amendment is consistent with the Danville 2005 General Plan.
PAGE 1 OF RESOLUTION NO. 98-20
The Zoning Text Amendment will encourage developments which are compatible within
the district and to uses authorized in adjacent districts.
The Zoning Text Amendment will prevent the misuse of the P-1 district ordinance by
assuring that projects developed under this district are not incompatible with surrounding
development due to the use of flexible development standards.
The Zoning Text Amendment will bring the P-1 district ordinance into compliance with
provisions of the Town's General Plan such as the method of calculating the net density
of a residential development.
Based on the completion of the Initial Study of Environmental Significance and comments
received, there is no substantial evidence before the Town that the project will have a
significant effect on the environment.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 14, 1998,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Bowiby, Combs, Jameson, Osborn, Rapp
Hnnt, Moran
Chair
APPROVED AS TO FORM:
City Attorney
pdczl 51
Chief of P
PAGE 2 OF RESOLUTION NO. 98-20
32.63 P-1 PLANNED UNIT DISTRICT.
32-63.1 General.
P-I Planned Unit District. All land within a P-1 planned unit district may be used as
allowed and regulated in this section.
Intent and Purpose. A large-scale integrated developmen~iii!:~::ii~:;!ii!i'i::i~!~i or a
General Plan special area of concern provides an opportunity for, and requires cohesive
design when flexible regulations are applied; whereas the application of conventional
regulation, designed primarily for individual lot development, to a large-scale
development, mlill dt:~t:lolm~enl. ,~ ,bec~al area may create a monotonous and
inappropriate ncmhi~o~ hnod or developmere The planned unit district is intended to
allow diversification in the relationship of various uses, buildings, structures, lot sizes and
open spaces!:,ii~i~!.i~i~i~!~i!~:!i~!iB!i.i::!~',~i~!!.!~.:~ ~!ii4~i~wh
m subst$ti~ compli~ce wi~ the Gener~ PI~ ~d the intent of the Coan~y
~!~$~code in requiring adequate st~d~ds necess~ to satis~ the requirements of
the public heath, s~eW ~d general welf~e. These standards shall be obse~ed without
(:~>IHCl IT1~.1% ~;:lhO 131~ used In l:):nx sale atklil~nfml/(tll!llg c(~llllnl bv cMiil,l:~htH~ ~iie spccfi'~c
Coll(;lllolls of~ll:)lnoxal illtd store:lards ii,' a spccl(ic P..; .hslricl
32-63.2 Uses.
a. Uses. The following uses are allowed in the P-1 planned unit district:
Any land uses permitted by an approved final development plan which are in
harmony with each other, serve to fulfill the function of the planned unit
development, and are consistent with the General Plan;
A detached single family dwelling on each legally established lot and the
accessory structures and uses normally attxiliary to it.
A second unit which complies with Section 32-76 of this chapter, if a land use
permit is first obtained.
Restriction. No person shall grade or clear land, erect, move, or alter any building or
structure on any land, after the effective date of its rezoning to a P- l district, except when
in compliance with an approved final development plan and/or this section.
Interim Exceptions. If any land has been zoned P-1 district but no preliminary
development plan approved thereon, the following may be approve&
Single Family Dwelling. Where it is established to the satisfaction of the director
of planning that a vacant parcel of land is a legal lot and the one (1) detached
single family dwelling proposed to be located thereon is consistent with the
general plan, the dwelling may be placed on the lot without being subject to the
application submittal, development plan review and approval provisions of this
chapter.
Nonconforming Use. Until a final development plan is approved, any
nonconforming use lawfully existing at the time of the establishment of P-1 zoning
on that property may be repaired, rebuilt, extended, or enlarged in accordance with
Section 32-4.
32-63.3 Site Minimums.
a. Areas. The minimum areas fo~ a P-1 district are: There is no minimum site area for a P-1
b;~sed oji ;he spccllic characle[ ~stlcs t~l' the s]te ~llld the need to prov:de addlnojm! to11111~ conu'ol
I';, csl~l~llnhlll~ sIR' .~pccd'~c cOIIdllil~B~ ol'altpr~nl m~d ~t:.mdards Ibl i~ specli'l,: p-I dId:lIe;
Residential. Five (5) acics for residential uses except that a mobile hon~e
subdivision shall have a minimu.~ often (10) acres;
2. Nomcsidentiat. Ten (10) acres for nonresidential uses;
3. Mixed. Fifteen (15) acres for mixed residential and nonresidential uses; and
Office. No minimum for office uses which do uc~ t~equire heavy vehiculm delivery
or have easy automobile site access including some ancillm'y retail, sea vice and
,esidential uses whcn consistent with the Genex al Plan.
32-63.4 Density.
Residential. In computing the net development area to set residential densities, use the
._.cnc,d i'l:m n., d '._'l:ldc illid e\cludc ill~lln xslnch :he m~l dc~cl,,l:.d~lc dt.c 14'
ic~l~c~!..l':tl~lTic. and rmlt..I i':lclors (stlch :is cl'ccks. I]oc~dplanTs. cle ). tll'ctls ~..I ,!,,i,i~ I~,:
churches, schools, ~ commercial use or other nonresidential use, but include areas
set aside for common open space, outdoor recreation or parks.
2
32-63.5
a.
Rezoning.
Procedure. After initiation by the planning agency or final application approval, an area
may be zoned "P-1 planned unit district" in accordance with Title 7 of the California
Government Code and this chapter, and the zoning map of the area shall then be identified
with the map symbol "P-1 ."
Ordinance Plan. If an application for P-1 zoning and a preliminary or final development
plan is finally approved, the preliminary or final development plan and any conditions
attached thereto, as approved or later amended, shall be filed with the planning
department, and they are thereby incorporated into this chapter and become a part of the
ordinance referred to in paragraph a. of this subsection.
Rezoning and Development Plan Application. Except as waived in writing by the
plamm~g director~i~i~:i~i~!~:~!~, the application for rezoning to P-1 district and
concurrent approval of a preliminary development consists of five (5) copies of each of
the following:
1. A preliminary development plan, drawn to scale, indicating:
(a) Proposed use(s) of all land in the subject area,
(b) Existing natural land features, and topography of the subject area,
(c) Circulation plan for all vehicular and pedestrian ways,
(d) Metes and bounds of the subject property,
(e) Location and dimensions of all existing structures,
(f) Landscaping, parking areas, and typical proposed structures,
(g) Anticipated grading for the development;
2. A written legal description of the subject area;
3. A preliminary report on provision for storm drainage, sewage disposal and public
utilities;
4. An economic feasibility t~epo~ and/malysis of all comtnercial ,u~d industrial uses,
if any, proposed to be located within fl~e development;
3
10.
11.
32-63.6
A feasibility analysis of all public and semipublic recreational and educational
areas and facilities proposed to be located within the development, stating
anticipated financing, development and maintenance;
A residential density analysis of the subject area, and the estimated population
resulting therefrom;
A statement of how the proposed development conforms to, and is consistent with
the general plan;
A request for zoning change signed by the owner, and by the owner of any option
to purchase the property or any portion thereof, if any;
Schematic drawings indicating the architectural design of all nonresidential
buildings and structures and all residential buildings having attached units.
Residential buildings utilizing zero lot line, cluster or patio techniques, typical
designs shall be submitted. Single family detached units on difficult topography
may require design and placement review when requested by the planning
director;
A statement of the stages of development proposed for the entire development,
indicating the sequence of units and explaining why each unit standing by itself
would constitute reasonable and orderly development in relation to the entire
contemplated development where it is proposed to file final development plans by
units for portions of the area to be covered by the preliminary development plan;
and
Any additional information as may be required by the Planning Commission or
boa, d of supel visors ~iii~i~i:!at the time of any public hearing.
Final Development Plan
Requirements.
1. The final development plan drawn to scale, shall:
(a)
Indicate the metes and bounds of the boundary of the subject property
together with dimensions of lands to be divided;
(b)
Indicate the location, grades, widths and types of improvements proposed
for all streets, driveways, pedestrian ways and utilities;
4
~-- (c) Indicate the location, height, number of stories, use and number of
dwelling units for each proposed building or structure;
(d) Indicate the location and design of vehicle parking areas;
(e)
Indicate the location and design of proposed landscaping, except for
proposed single family residential development;
Indicate the location and design of all storm drainage and sewage dis-
posal facilities;
(g) Provide an engineer's statement of the proposed grading;
(h) Indicate the location and extent of all proposed land uses.
In addition, the final development plan shall be accompanied by:
1. Elevations of all buildings and structures other than single family residences;
A statement indicating procedures and programming for the development and
maintenance of public or semipublic areas, buildings and structures;
A statement indicating the stages of development proposed for the entire
development;
Any additional drawings or information as may be required by the Planning
Commission at the time of any public hearing in the matter.
Approval Procedure.
The final development plan shall be submitted to the Planning Commission for
approval, as with use permit applications, except it is the commission which hears
and reviews it. The Commission' s decision may be appealed to the Town Council
in accordance with Section 30-7 and subsection 2-8.5, otherwise it becomes final.
A final development plan may be approved by the Planning Commission for a
portion or unit of the approved preliminary development plan, in accordance with
the sequence of units authorized by its conditions of approval, or upon a showing
of both good cause and that the proposed portion or unit would, standing by itself,
constitute reasonable and orderly development in relation to the entire
development.
Combined Application and Final Plan.
32-63.7
Combination. An applicant for rezoning to the P-1 district may submit
simultaneously and in combination with the zoning application or thereat~er but
before the Town Council's final zoning decision, an application for approval of a
final development plan for the entire property. The application and proposed final
development plan shall comply with the requirements of subsections 32-63.2 and
32-63.6a.
Procedure. Such a combined final development plan application shall be
processed, noticed, and heard by the Planning Commission. The Commission's
decision shall be a recommendation to the Town Council which shall make the
final decision on the final development plan along with the rezoning pursuant to
subsection 32-63.5.
Plan Objectives, Regulations and Evaluations.
Design Objectives. To achieve design and aesthetic quality for large-scale integrated
developments, ~ii~i~:i~i~i~i and/or General Plan special areas of concern, the
following design objectives shall be met:
Building bulk, height, land coverage, visual appearance from adjacent land, and
design compatibility with existing adjoining development and land which will
remain, shall be considered and controlled.
A development's design should successfully integrate individual buildings and the
building groups with the surrounding development, other physical features in the
area, and existing development which will remain.
The design of structures should provide for harmonious composition of mass,
scale, color, and textures, with special emphasis on the transition from one (1)
building type to another, termination of groups of structures, relationships to
streets, exploitation of views, and integration of spaces and building forms with
the topography of the site and the urban or suburban character of the area.
Provisions are to be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate treatment of any
public areas or lobbies.
Off-street parking and loading areas should be integrated into the overall vehicular
circulation system.
6
Latitude of Regulations. T h e Planning Commission may recommend and the Town
Council may adopt as part of the preliminary development plan, and may require in the
final development plan; standards, regulations, limitations and restrictions which are
either more or less restrictive than those specified elsewhere in this ordinance code~i~
,lU :.liltill;ltd.;/()l'lllg disll'lCl x~hlch x~{mld bc al;i:llc;~l~lc ~l' ihe I'-I dl,,IT;Cl x\~.!fe [~I
community amenities in the subject community, and which would foster and maintain the
:!pphcant shall [;,'cparc ahcmzflc plans. ~s delcmm~cd ilcccs-,ar> b> I]1c ('h~cl' t)l' l'ia:m:~:..,~.
li COI!II)~II'ISOII O:'I]t~OI'~IT'C~I IIIIIO bel\~een Ihe plo['~Oscd pl~lll I:111(] the plan which colll[~hcs
x.. iIh ~11 ~l~l~hc~b.c nlilll,lill'~l~ I'he liquor a~ea mira <)l'lllc p~op~,ncd I)l,,~cCl shall i~e hm~lcd
Io be col~pa~allle w~lh Ihc allcr~latc i)l~l~. unless otherx~isc apl~osed by ihc
nc~ghboihood rcsulllllg i'['om Ihe prol)t~scd plm~ 'I'hc
illl~l iC~ll lClit~llh Ill,l> mch~dc. t~:cludm~: and ~l:~t:n~ ~,
1. Height limitations on buildings and structures;
2. Percent coverage of land by buildings and structures;
Parking ratios and areas expressed in relation to use of various portions of the
property and/or building floor area;
The location, width and improvement of vehicular and pedestrian access to various
portions of the property including portions within abutting streets;
Planting and maintenance of trees, shrubs, plants and lawns in accordance with a
landscaping plan;
6. Construction of fences, walls and floodlighting of an approved design;
Limitations upon the size, design, number, lighting and location of signs and
advertising structures;
Arrangement and spacing of buildings and structures to provide appropriate open
spaces around same;
9. Location and size of off-street loading areas and docks;
Uses of buildings and structures by general classification, and by specific
7
designation when there are unusual requirements for parking, or when use
involves noise, dust, odor, fumes, smoke, vibration, glare or radiation
incompatible with present or potential development of surrounding property;
11. Architectural design of buildings and structures;
12.
Schedule of time for construction and establishment of the proposed buildings,
structures, or land uses or any stage of development thereof; and
13. Requiring of performance bonds to insure development as approved.
Evahtations. When approving and adopting the rezoning application, the preliminary
development plan or the final development plan, the Planning Commission and/or the
Town Council as the case may be, shall be satisfied that:
The applicant intends to start construction within two and one-half(2 1/2) years
from the effective date of zoning change and plan approval;
The proposed planned unit development is consistent with the county General
Plan;
In the case of residential development, it will constitute a residential
environment of sustained desirability and stability, and will be in harmony with the
character of the surrounding neighborhood and community;
In the case of the commercial development, it is needed at the proposed location
to provide adequate commercial facilities of the type proposed, and that traffic
congestion will not likely be created by the proposed center, or will be obviated
by presently projected improvements and by demonstrable provisions in the plan
for proper entrances and exits, and by internal provisions for traffic and parking,
and that the development will be an attractive and efficient center which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development;
In the case of proposed industrial development, it is fully in conformity with the
applicable performance standards, and will constitute an efficient and well
organized development, with adequate provisions for railroad and/or truck access
service and necessary storage, and that such development will have no adverse
effect upon adjacent or surrounding development; and
The development of a harmonious, integrated plan justifies exceptions from the
normal application of this Code.
32.63.8 Termination
a. Procedure.
Reversion. P-1 district shall become null and void, and the land use district
classification shall revert to the immediately preceding zoning designation if
either:
(a)
Within eighteen (18) months after the effective date of the establishment
of the P-1 district and/or the approval of the preliminary development plan
(whichever is sooner), a final Development Plan is not submitted to the
Planning Commission, or
(b)
Within twelve (12) months after the Planning Commission's approval of
the final development plan, the construction specified in the final
development plan has not been commenced.
Time Limit Exception. The time limitation in paragraph a.,1,(2) of this section
applies only to the first final development plan of a unit of a phased preliminary
development plan; it does not apply after approval and implementation of such
first final development plan.
Extensions. Upon showing of good cause, the Town Council may grant not more
than five (5) extensions of the time limitations set forth in paragraph a.,1, each for
no more than one (1) year and all extensions totaling five (5) years or less.
32-63.9 Plan Changes.
a. Preliminary Development Plan.
Changes. Changes, in the approved preliminary development plan and its
conditions of approval, may be approved by the Planning Commission, as with
land use permit applications except that it is the Commission which hears and
reviews them. The Commission's decision may be appealed to the Town Council
in accordance with Section 30-4 and subsection 2-8.5, otherwise it becomes final.
Rezoning. When substantial changes in the preliminary development plan involve
a reduction of or addition to its land area, then a rezoning application shall be
submitted for consideration.
9
r'- b. Final Development Plan.
Review, Hearing. The Planning Commission shall review approved final
development plan applications for modification pursuant to and otherwise
regulated by the land use permit provisions of Section 2-8, for which they may
schedule a public hearing and shall do so if they determine that a substantial
modification is being requested in an approved final development plan.
Findings. In approving the modification application, he shall find that it is
consistent with the intent and purpose of the P-1 district and compatible with other
uses in the vicinity, both inside and outside the district.
,
Conditions. The Planning Commission may impose reasonable conditions and
limitations to carry out the purpose of the P-1 district when approving any
modification.
32-63.10 Variance Permits.
a. Granting.
Procedure. Variance permits to modify the provisions contained in
subsection 32-63.3 may be granted in accordance with Sections 2-8 and
32-3.
General Plan Consistency. Such variance permit shall not be granted by the
Planning Agency hearing the matter unless it finds that the variance is
consistent with the General Plan.
10