HomeMy WebLinkAbout111-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Adoption of a Development ) ORDINANCE NO. 111
Agreement for the Morgan Property )
Project (PUD 86-2; SD 6829) )
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Findings:
The Town Council finds as follows:
1. Pursuant to Town Council Resolution 12-86, Signature
Properties made application for a Development Agreement
in order to gain assurances that development of the
Morgan Property could proceed pursuant to the
conditions of the Final Development Plan (PUD 86-2) and
Vesting Tentative Subdivision Map (SD 6829) without
modification for a period of ten (10) years.
2. The Morgan Property project as approved includes
construction of 112 multiple family and 101 single
family homes on an approximately 55 acre site with
approximately 20 acres of the site maintained in
permanent open space.
3. The Planning Commission held a public hearing to
consider the proposed Development Agreement on January
29, 1987 after which the Commission recommended to the
Town Council that the Development Agreement not be
approved on a vote of 4-1 with one member absent and
one member abstaining.
4. The Planning Commission in recommending denial of the
Development Agreement cited as the reason their belief
that the benefits to the Town resulting from the
project and the Development Agreement were inadequate
to warrant a 10 year assurance to the developer that
the conditions of approval, improvement requirements,
and fee requirements would not change.
5. The Town Council in consideration of the Planning
Commission recommendation believes that benefits to the
Town resulting from the project are sufficient to
warrant entering a Development Agreement to wit:
a. The widening of Camino Tassajara across the
frontage 9£ the site wall be m$sur=d;
b. Payment of off-site traffic mitigation fees will
be assured;
c. Payment of park dedication fees to the Town at the
rate established by the Town will be assured; and
d. Annexation of the property to the Town will be
assured.
6. The Development Agreement:
a. is consistent with the objectives, policies,
general land uses and programs specified in the
general plan;
b. is compatible with the uses authorized in, and the
regulations prescribed for, the land use district
in which the Morgan Property is located;
c. is in conformance with with public convenience,
general welfare and good land use practice;
d. will not be detrimental to the health, safety and
general welfare;
e. will not adversely affect the orderly development
of property or the preservation of property value.
7. The Development Agreement is subject to the
requirements of the California Environmental Quality
Act. The environmental impacts of entering a
Development Agreement are similar to those which result
from development of the site as discussed in the
Dougherty Road Area General Plan Amendment
Environmental Impact Report (EIR). The Town Council
has adopted Resolution 8-87 setting forth findings
regarding the environmental impacts of the project, and
that resolution is hereby incorporated herein by
reference and the same findings and mitigation measures
are hereby adopted.
SECTION 2. Approval of Development Agreement:
The Development Agreement titled "Development Agreement
Between the Town of Danville and Signature Properties, Inc."
(Morgan Property), a copy of which is on file in the office
of the City Clerk, Town of Danville, 510 La Gonda Way,
Danville, CA, is hereby approved.
SECTION 3. Publication.
The city Clerk shall either a) have this ordinance published
once within 15 days after 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 its adoption and again within 15 days after adoption.
SECTION 4. Effective Date.
This ordinance becomes effective 30 days after its adoption.
The foregoing Ordinance was introduced at a meeting of the Town
Council of the Town of Danville held on March 19 ,1987, and
was adopted and ordered published at a meeting of the Council
held on April 6 , 1987, but the following vote:
AYES: Kennett, Lane, McNeely, Schlendorf
NOES: None
ABSTAIN: 0ffenhartz
ABSENT: None
ATTEST: ~~