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HomeMy WebLinkAbout2010-09 RESOLUTION NO. 2010-09 RECOMMENDING THAT THE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANE AND APPROVE A DEVELOPMENT AGREEMENT REQUEST RELATED TO THE PREVIOUSLY APPROVED ELWORTHY RANCH DEVELOPMENT (APN: 208-230-020, 021, 030, 031, 032, 033 - ELWORTHY WEST LLC WHEREAS, Elworthy Trust (OWNER) and Elworthy West LLC (APPLICANT) have requested approval of a Development Agreement with the Town of Danville pertaining to the previously approved Elworthy Ranch development; and WHEREAS, on July 1, 2008, the Danville Town Council adopted Resolution No. 81- 2008, certifying a Final Environment Impact Report, approving Major Subdivision request SD 9009 and Final Development Plan Request DP 2005-20. On July 15, 2008, the Danville Town Council adopted Ordinance No. 2008-06, approving Preliminary Development Plan-Rezoning request PUD 2005-02; and WHEREAS, these two actions by the Town Council approved a 96-unit housing project on 12 acres of the 459 acre Elworthy Ranch property, with the remaining acreage on the property to remain undeveloped; and WHEREAS, the subject property is located in the southwest quadrant of the Town of Danville, on the west side of Interstate 680, approximately one mile south of the San Ramon Valley Boulevard/Sycamore Valley Road intersection. The site is situated on the eastern slope of Las Trampas Ridge overlooking the San Ramon Valley and is also identified as Assessor's Parcel Numbers 208-230-020,021,030,031,032,033; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant adverse environmental impacts are expected to be associated with this project; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on March 30, 2010; 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 the Planning Commission recommend that 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 Danville Planning Commission recommends that the Town Council approve a Negative Declaration of Environmental Significance and approve the Development Agreement request and makes the following findings in support of this action: FINDINGS: 1. The Development Agreement is consistent with the Goals and Policies contained within the Danville 2010 General Plan. 2. The Development Agreement will not modify the project approval or the conditions of approval of the previously approved Elworthy Ranch development on the site. The Environmental Impact Report which was approved as part of the project found that the project would have no significant negative environmental impacts related to aesthetics and other community qualities. 3. Since the Development Agreement will not modify the previously approved conditions of approval for the Elworthy Ranch Project, it is consistent with the provision of the P-1; Planned Unit Development zoning district for the site. 4. The Development Agreement will not adversely affect the Town's ability to maintain high-quality public facilities and services. 5. The Development Agreement will not adversely affect the quality of life within existing developed areas of the community. APPROVED by the Danville Planning Commission at a special meeting on March 30, 2010, by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Attwood, Combs, Graham, Morgan, Nichols, Radich Overcashier 2 OF RESOLUTION NO. 2005-20 APPROVED AS TO FORM: ~~6~ City Attorney )