HomeMy WebLinkAbout88-02 EXHIBIT £
Planning Commission Resolute.on 88-2
A RESOLUTION OF THE DANVILLE PLANNING COMM;iSSION RECOMMENDING
THAT THE TOWN COUNCIL AMEND G.P.A. 85-2 FOR THE FOSTORIA WAY
STUDY AREA, PURSUANT TO THE SAN RAMON/DANVILLE SETTLEMENT
AGREEMENT.
WHEREAS, The Town of Danville approved
on March 17, 1986, certifying review and c¢
Final E.I.R., making findings with re
impacts, and establishing mitigation
the general plan for the Fostoria Wa~
wHEREAS, the Town Council approve
17, 1986, adopting a general plan amE
initiating rezoning of the 66.6 acre
and
WHEREAS, pursuant to adopting of
21-86, the City of San Ramon initiate
these actions and sought to have said
WHEREAS, the Town of Danville, th.
of the real parties in interest to th,
Ramon/Danville Settlement Agreement"¢
order to settle the litigation filed ]
and
WHEREAS, the San Ramon/Danville Settle~
Resolution No. 20-86
~nsiderat~n'~ ~
,d all
.e "San
in
Ramon,
ent Agreement states
in pertinent part on paragraph 8 of page 5 "To the extent
required, amendment of G.P.A. 85-2 shall b~~ recommended to
delete paragraph 5 on page 2 thereof concerning the requirement
for futUre traffic studies with regard to development projects
in the Fostoria Way General Plan Area and to provide for other
modifications, if any, as may be required
the Shilo/Castle and Danville agreements",
WHEREAS, in light of the traffic mitiga
required by the San Ramon/Danville Settleme
Resolution 20-86, there is no need for furt
on specific individual development projects
Way Study Area, and
y this Agreement and
and
tion measures
nt Agreement and
her traffic studies
within the Fostoria
WHEREAS, The Town of Danville desires ~o comply fully with
all of the terms and conditions of the SanRamon/Danville
Settlement Agreement, and I~
WHEREAS, the Planning'Commission has comducted a duly
noticed public hearing to consider the amendment of G.P.A. 85-2
in accordance with Section 65090 of the California Government
Code, and
WHEREAS, the Planning Commission has ¢~nsidered all public
testimony and information presented during~the public hearing
regarding the proposal, and ~
WHEREAS, the Planning Commission has r~viewed and considered
the Final E.I.R. certified for G.P.A. 85-2/
NOW, THEREFORE, BE IT RESOLVED THAT THE~PLANNING COMMISSION
OF THE TOWN OF DANVILLE MAKES THE FOLLOWIN~ FINDINGS AND
RECOMMENDS APPROVAL OFANAMENDMENT TO G.PI.A. 85-2 AS ~DESCRIBED
IN EXHIBIT 2 OF THIS RESOLUTION TO THE D~ILLE TOWN COUNCIL:
The Final E.I.R.~ for the Fostoria Way
completed in compliance with the Calif
Quality Act (CEQA) and the State E.I.R
prepared pursuant to section 15168 (a)
guidelines, as a "Program E.I.R."; and
E.I.R. adequately describes the projec
CEQA;
Pursuant to section 15162 of the CEQA
substantial changes in the project or
under which the project is undertaken~
either generate new significant enviro
which will require important revisions
~tudy Area was
Drnia Environmental
· guidelines and
(2) of the,CEQA
that the Program
t for the purposes of
]uidelines, no
in the circumstances
~ill occur which will
~mental impacts or
to the E.I.R.;
Se
Pursuant to sections 15168 (c) (2) andl 15162 of the CEQA
guidelines, no new effects could occur~and no new mitigation
measures could be required, and the proposed amendment to
G.P.A. 85-2 has been recommended pursuant to the terms of
the San Ramon/Danville Settlement Agreements and is within
the scope of the "Program E.I.R.";
That the deletion of paragraph 5 on pa.
eliminating the requirement for additi
is consistent with the San Ramon/Danvi
Agreement;
That the traffic mitigation measures i,
Ramon/Danville Settlement Agreement in.
of the Shilo property and contribution
in Commercial T.I.P. fees actually col
development on the site to the Fostori.
constitute Danville's total funding col
regional traffic impact mitigation for
General Plan Amendment; and
The traffic mitigation measures requir.
(except mitigation measure 2.b. (IV) ~
necessary) and the mitigation measures
Ramon/Danville Settlement Agreement el
]e 2 of G.P.A. 85-2,
)nal traffic studies
£1e Settlement
~entified in the San
:luding contribution
of the first $300,000
£ected from
~ Way overpass project
~tribution for
the Fostoria Way
~d by resolution 20-86
~ich is no longer
required by the San
[minate the need for
e
further traffic studies on specific individual development
projects within the Fostoria Way Study~Area
.
The.amendment of G.P.A. 85-2 for the Fgstoria~ Way Study Area
as an the public interest.
PASSED AND ADOPTED THIS
following vote:
AYES: Commissioners:
NOES: Commissioners:
ABSTENTION: Commissioners:
8th day of Febru
Hirsch, Hendri
Jagger, Harvey
~ry
, 1988 by the
:ks, Frost, Vii, bauer, Wright
ABSENT: Commissioners:
~~ , Cha irman