HomeMy WebLinkAbout112-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Adoption of a Development ) ORDINANCE NO. 112
Agreement for the Tassajara Ranch )
Project (PUD 86-3; SD 6878) )
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, Diablo
Ventures West made application for a Development
Agreement in order to gain assurances that development
of the Tassajara Ranch project could proceed pursuant
to the conditions of the Final Development Plan (PUD
86-3) and Vesting Tentative Subdivision Map (SD 6878)
without modification for a period of ten (10) years.
2. The Tassajara Ranch project as approved includes
construction of up to 438 single family and 412
multiple family dwellings, 27 acres of mixed use, a 20±
acre community park site and 70± acres of permanent
open space on a 272 acre site.
3. The Planning Commission held public hearings to
consider the proposed Development Agreement on January
29 and February 3, 1987, and on February 17, 1987
recommending to the Town Council that the Development
Agreement not be approved on a vote of 3-1 with one
member absent and two members 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. Annexation of the project to the Town will be
assured;
b. Completion of Crow Canyon Road and Camino
Tassajara improvements with the first phase of the
project including improvements across property
frontages not currently proposed for development
will be assured;
c. Dedication of a 20 acre community park site
including: rough grading of the site, installation
of drainage improvements, construction of restroom
facilities, provision of sewer and water
facilities to the site, and landscaping along the
street frontages will be assured;
d. Reimbursement to the Town of up to $350,000
received by the developer for acquisition of the
Crow Canyon Road right of way, for use on other
traffic and related improvements will be assured;
and
e. Payment of off site traffic mitigation fees
including a fee equivalent to TIP fee for the
Mixed Use portion of the site 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 Tassajara Ranch project 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 9-87 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 Tassajara Partners, A
California General Partnership, Frederick Development
Corporation, A California Corporation and Presley of
Northern California, a California Corporation For
Development of the Tassajara Ranch" 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 Hatch 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, Sch]end0rf
NOES: None
ABSTAIN: 0ffenhartz
ABSENT: None
MAYO/
ATTEST:
City Clerk
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