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Ordinance No. 91-16
AN ORDINANCE OF THE TOWN OF DANVILLE
APPROVING PRELIMINARY DEVELOPMENT PlAN - REZONING - PUD 91-3
REZONING APPROXIMATELY 212 ACRES LOCATED IN THE TASSAJARA LANE
AND SHERBURNE HILLS ROAD AREA
The Town Council of the Town of Danville DOES ORDAIN AS FOLLOWS:
SECTION 1. Rezoning.
That the parcels located at 2570, 2550, 2576 and 2580 Camino Tassajara, 2449, 2451,
2471, 2480, 2490, 2391, 2498, 2492 Tassajara Lane, vacant parcel on Tassajara Lane and
45, 68, and 70 Sherburne Hills Road (APN: 217-010-003, 008, 007, 006, & 027, 025, 018,
021, & 022, 207-061-012, 011, 013, 010, 009, 008, 007, 207-071-003, 004, & 001) are
rezoned from A-2; General Agriculture District to P-l; Planned Unit Development District.
The rezoning is based upon the approved Danville 2005 General Plan and the Findings
and Conditions contained in Exhibit A.
SECTION 2. Zoning Map.
The Zoning Map of the Town of Danville is amended as follows:
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PAGE 1 OF ORDINANCE NO. 91-16
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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 it's adoption
and again within 15 days after adoption.
SECTION 4. Effective Date.
This Ordinance becomes effective 30 days after its adoption.
SECTION 5. Codification.
Sections Two, Three, and Four shall be codified in the Danville Municipal Code. Section
One shall NOT be codified in the Danville Municipal Code.
The foregoing ordinance was)~5~,oduced at a meeting of the Town Council of the Town
of Danville held(~¢.~c~7~/e ,~t{d jw~adopted and ordered published at of
the Council held on .jax4 ~'~y fie following vote: a meeting
AYES:Greenberg, Lane, Ritchey, Shimansky
NOES: None
ABSTAIN: None
ABSENT: Schlendorf
MAYOR
APPROVED AS TO FORM: ATTEST:
CITY CLERK
PAGE 2 OF ORDINANCE NO. 91-16
EXHIBIT A OF ORDINANCE 91-16
Preliminary Development Plan - Rezoning (PUD 91-3)
$herburne Hills Road and Tassajara Lane Special Concern Area
APN: 217-010-003, 006, 007, 008, 018, 021, 022, 025, & 027,
207-061-007, 008, 009, 010, 011, 012, 013, and
207-071-001, 003, & 004
Area 20 of Town-wide Rezoning
FINDINGS
1. The proposed rezoning is consistent with the Danville 2005
General Plan.
2. State Law requires cities to bring all zoning into conformance
with the General Plan.
3. The uses proposed in the land use district are compatible with
the intent and requirements of the district and the adjacent
residential districts.
4. The P-1 Planned Unit Development District will constitute a
residential environment of sustained desirability and
stability, and will be in harmony with the character of the
surrounding existing neighborhoods and the ultimate
development planned for the subject area.
CONDITIONS OF APPROVAL
1. Development within the subject properties shall be governed by
the Danville 2005 General Plan text for Special Concern Area
3 - Tassajara Lane/Sherburne Hills Road. Sub-areas A, B and
C of Special Concern Area 3 are defined in the General Plan
text and shall observe the following base densities:
Sub-area A - A maximum of 3 dwelling units per acre;
Sub-area B - A maximum of one dwelling unit per acre;
Sub-area C - A maximum of 1 unit per 5 acres.
Density transfers may be considered within the subject area,
as provided for the general plan text. If a density transfer
formula is utilized, the maximum density with transfer shall
not exceed 6 dwelling units per acre in Sub-area A and 1.5
dwelling units in Sub-area B. In the case of a density
transfer arrangement, properties in Sub-area C shall be
credited with one dwelling unit per acre of open space. This
rezoning shall constitute the area's Preliminary Development
Plan - Rezoning. There shall be no time limit for filing a
Final Development Plan for review and approval by the Planning
Commission.
PAGE 1 OF EXIBIIT A OF ORDINANCE 91-16
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2. Where an existing legal non-residential use exists under a
valid land use permit, that use will continue to be allowed
pursuant to such use permit. Any existing legal non-
residential uses located on these sites at the time of
approval of the rezoning, are considered legal non-conforming
uses, and may only be expanded and/or modified upon securing
approval of a Land Use Permit. The existing commercial
nursery located on APN: 217-010-008 has been approved under
Land Use Permit 2091-77, granted by Contra Costa County, and
is subject to the Conditions of Approval contained in the
subject Land Use Permit. Any expansion and/or modification of
the commercial nursery is subject to review and approval by
the Planning Commission through a new Land Use Permit
submittal.
3. In addition to the uses outlined in Condition #1 above, the
following uses are permitted in this P-l; Planned Unit
Development District on lots with a minimum of 20,000 sq. ft.,
until review and approval of a Final Development Plan, at
which time the continuation of these uses shall be re-
evaluated:
a. Horticulture;
b. Small farming, including the raising of poultry and
rabbits or other grain fed rodents;
c. Keeping livestock on lots 40,000 or more square feet in
area (with at least 40,000 square feet for each two head
of livestock) and all contiguous in one fee ownership.
4. All project landscaping associated with redevelopment of the
subject properties shall conformwith landscape guidelines in
place at the time of installation.
5. Frontage improvements and road dedications shall conform with
the precise alignment for Camino Tassajara, the Sycamore
Valley Specific Plan and meet Engineering Division standards.
PAGE 2 OF EXIBIIT A OF ORDINANCE 91-16