HomeMy WebLinkAbout115-87 BEFORE THE TOWN COUNCIL OF THE TOWN OF DANVILLE
In the Matter of:
Adoption of a Development ) ORDINANCE NO. 115
Agreement for the Vista Tassajara )
Project (PUD 86-3; SD 6736) )
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, Live Oaks
Associates II made application for a Development
Agreement in order to gain assurances that development
of the Vista Tassajara Project could proceed pursuant
to the conditions of the Final Development Plan (PUD
86-4) and Vesting Tentative Subdivision Map (SD 6736)
without modification for a period of ten (10) years.
2. The Vista Tassajara project includes construction of
211 single family homes on an approximately 133 acre
site with approximately 89 acres of the site maintained
in permanent open space.
3. The Planning Commission held a public hearing to
consider the proposed Development Agreement on February
17, 1987 after which the Commission recommended to the
Town Council that the Development Agreement not be
approved on a vote of 5-0 with one member absent and
one member abstaining.
4. The Planning Commission in recommending denial of the
Development Agreement cited as the reasons their denial
of the Vesting Tentative Subdivision Map and Final
Development Plan, and 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 and realignment of Camino Tassajara
across the frontage of the site will be assured;
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 Vista Tassajara 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 14-87 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 Live Oak Associates II, a
California Limited Partnership", (Vista Tassajara) 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.
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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 April 6 ,1987, and
was adopted and ordered published at a meeting of the Council
held on April 20 , 1987, but the following vote:
AYES: Kennett, Lane, McNeely, Schlendorf
NOES: None
ABSTAIN: 0ffenhartz
ABSENT: None
ATTEST:
~~~Ciy Cler~~