HomeMy WebLinkAbout88-03Planning Commission ResolutJ
A RESOLUTION OF THE DANVILLE PLANNING COMM]
DEVELOPMENT PLAN PUD 87-3 FOR LOT 64 OF SD
WHOLESALE); AND, MAKING FINDINGS IN SUPPOR9
DEVELOPMENT PLAN AND PURSUANT TO THE CALIFf
QUALITY ACT.
WHEREAS, Sections 65350 et seq. of the
the State of California prescribe the procE
amending the Town's General Plan; and
WHEREAS, a study of the Fostoria Way A~
the Town of Danville in 1985 in order to st
alternatives which might exist for the stud
purpose of amending the Town's General Plat
ordinance, if necessary, to reflect the mos
uses for the Fostoria Way Area; and
WHEREAS, an environmental impact report
Study General Plan Amendment (the "EIR") wa
Town of Danville pursuant to the Californi~
Quality Act; and
WHEREAS, the Town of Danville approved
on March 17, 1986, certifying review and cc
Final EIR, making findings with respect to
and establishing mitigation measures to all
the significant environmental effects that
amendment of the general plan for the Fost¢
and the construction of individual projects
the General Plan Amendment; and
WHEREAS, the Town Council approved Res¢
17, 1986, adopting a general plan amendment
initiating rezoning of the 66.6 acre Fosto~
permit the development of single and multi~
housing, commercial uses (including destina
retail and hotel/motel uses), and general ¢
WHEREAS, following the adoption of Resc
21-86 by the Town of Danville, the City of
legal challenge in Contra Costa County Supe
adequacy of the EIR and to the validity of
Ramon Litigation"); and
WHEREAS, the Town of Danville, the City
of the real parties in interest to the laws
Ramon/Danville Settlement Agreement" and "T
Shilo Agreement" on December 19, 1986 in or
%he ~an Ramon Li%i~a%ion wi%h respec% %0 an
the EIR, the General Plan Amendment, or pro
.on 88-3
iSSION APPROVING FINAL
6806 (COSTCO
' OF THE FINAL
.RNIA ENVIRONMENTAL
Government Code of
~dure for adoDtina and
'ea was initiated by
.udy land use
.y area and with the
and zoning
appropriate land
for the Fostoria Way
s prepared by the
Environmental
Resolution No. 20-86
nsideration of a
significant impacts,
eviate or minimize
might arise from
ria Way Study Area
in accordance with
lution 21-86 on March
(GPA 85-2) and
ia Way Study Area to
le family residential
tion and service
pen space; and
lutions 20-86 and
San Ramon initiated a
rior Court to the
GPA 85-2 (the "San
of San Ramon and all
uit executed the "San
he Danville-Castle-
der to fully settle
y legal challenge %0
jects undertaken in
the Fostoria Way Area in accordance with t!
and
WHEREAS, the San Ramon/Danville Settlel
in pertinent part, at paragraph 8 on page
required, amendment of G.P.A. 85-2 shall b,
delete paragraph 5 on page 2 thereof conce]
for future traffic studies with regard to
in the Fostoria Way General Plan Area and
modifications, if any, as may be required
the Shilo/Castle and Danville agreements";
WHEREAS, in light of the traffic mitig~
Fostoria Way Area required by the San Ramo!
Agreement and Resolution 20-86, which suff
adverse circulation impacts of individual ]
developed within the Fostoria Way Area, thl
no need for further traffic studies on spec
development projects within the Fostoria W~
WHEREAS, the Danville Town Council app]
on February 18, 1988, amending GPA 85-2 by
le EIR and GPA 85-2;
lent Agreement states,
, "To the extent
recommended to
ning the requirement
[evelopment projects
~o provide for other
~y this Agreement and
and ~'~
Ltion measures for the
L/Danville Settlement
.ciently eliminate
,rojects to be
~re presently exists
~ific individual
Ly Study Area; and
· oved Resolution 13-88
deleting paragraph 5
on page 2 thereof, in accordance with the gan Ramon/Danville
Settlement Agreement and based upon presen~ conditions and
needs; and ' /
WHEREAS, in accordance with the Fostoria Way General Plan
Amendment, the Town Council adopted Ordinar
1987 rezoning the 66.6 acre Fostoria Way St
A-3, C-S2 and P-1 to P-l; and
WHEREAS, Ordinance 118 designated a spE
Destination Commercial uses which could oc¢
designated Commercial areas of the site in¢
catalogue showroom, large scale off price
outlets for the general public, department
dealerships, and specialty stores of a regJ
approved a Preliminary Development Plan fo~
WHEREAS, the Danville Planning Commiss
Tentative Map for SD 6806 on May 28, 1987,
commercial site known as lot 64 of SD 6806
WHEREAS, an application for Final Deve
87-3) was properly filed by Fostoria Assoc
with the rules and regulations governing tk
applications; and
~ce 118 on May 18,
~udy Area from A-2,
~cific range of
:ur within the
:luding: hotel, motel,
.tores or wholesale
store, automobile
onal nature, and
PUD 87-3; and
on approved a
creating a 15.77 acre
and
opment Plan (PUD
ates Ltd. in accord
e filing of such
WHEREAS, the application was filed to ~
a 127.074 square foot Costco Wholesale stol
9.9 acre site on the north side of Fostori~
WHEREAS, the Planning Commission has c¢
noticed public hearing to consider the Fine
February 22 and April 11, 1988; and
WHEREAS, the Town staff has presented
information regarding the proposed Final De
WHEREAS, the Planning Commission has c¢
testimony and information presented during
regarding the proposal; and
WHEREAS, the Planning Commission has rE
the Environmental Impact Report prepared fE
~llow construction of
~e on an approximately
Way on Lot 64; and
nducted a duly
Development Plan on
~ubstantial factual
~velopment Plan; and
~nsidered all public
the public hearing
~viewed and considered
the Fostoria Way
Study Area General Plan Amendment (G.P.A. f15-2) and has found
and determined that the EIR is adequate to satisfy the
requirements of the California Environmental Quality Act (CEQA)
and to serve as a "Program EIR" whose scop~ includes the
proposed project. ~ ·
NOW THEREFORE, THE PLANNING COMMISSION OF 9'HE TOWN OF DANVILLE
HEREBY FINDS, DETERMINES AND RESOLVES AS F(~LLOWS:
ae
Be
Ce
The EIR prepared for the Fostoria Way ~
Plan Amendment was certified by the To%
March 17, 1986.
The Town of Danville adopted findings
through adoption of Town Council Resol~
resolution is incorporated herein by t~
including mitigation measures.
In Resolution 20-86, the Town adopted ~
Overriding Consideration pursuant to s~
State CEQA Guidelines, finding that im~
project may have the following signifi¢
unavoidable: loss of agricultural land
urban pollutants to storm flow, a perm~
visual quality from a rural setting to
structures, increased traffic, increas~
demand for expansion of the urban serv~
Town determined that it was in the publ
to allow these impacts to occur due to
benefits: 1) The Project is in a hig~
where agricultural enterprise is no lo~
compatible use of property; 2) all su
have been removed from agricultural pre
dnvnloDm~nt of ~hn P~ojoe~ will eon~i~
of the community through provision at s
itudy Area General
'n of Danville on
'egarding the EIR
.tion No. 20-86 (which
.is reference)
Statement of
ction 15093 of the
.lementation of the
ant impacts which are
, introduction of
nent change in the
one of urban type
d noise levels, and
ces network. The
ic's best interests
the following
ly urbanized area
ger an appropriate or
rrounding properties
duction; 3)
ervices and revenues
De
E®
Fo
Ge
to the Town; and 4) development of re:
particularly multiple family residenti~
property will assist the Town in provi¢
stock partially satisfying goals of the
The Planning Commission has determined
Overriding Considerations contained in
remains applicable and that, since the
benefits of the project outweigh its ur
environmental effects in that the locat
Wholesale store on Lot 64 will provide
services, utilize the land in a manner
surrounding area, and enhance Town reve
environmental impacts of the project az
Further technical studies, including (1
Way Traffic Impact Study, (2) an evalua
Costco Sales on existing Retail Stores
Danville and San Ramon and (3) a Lique~
Costco Building have been prepared accc
professional standards in order to dete
substantial changes in the project or i
under which the project is undertaken h
certification of the EIR. All of these
made available to the public.
In consideration of the further technic
above, together with all of the public
the project and the extensive analysis
the Planning Commission determines purs
of the CEQA Guidelines, that no substa~
project or in the circumstances under ~
undertaken will occur which will eithex
significant environmental impacts or wh
important revisions to the EIR;
Consideration of the EIR prepared for t
Area General Plan Amendment as a "Progr
applicable to this project pursuant to
Section 15168 is appropriate based on t
findings:
feasible mitigation measures and a
in the EIR for the Fostoria Way Ar
Amendment have been incorporated i
changes in the project subsequent
the EIR do not require important r
since they will not generate poten
environmental effects that have no
:idential,
~1, uses on the
ling needed housing
Housing Element.
that the Statement of
Resolution 20-86
above-enumerated
avoidable adverse
ion of a Costco
important c6~munity
compatible with the
nues, the unavoidable
e acceptable.
) the Costco Fostoria
tion of the Impact of
in the cities of
action Review for the
rding to accepted
rmine whether or not
n the circumstances
ave occurred since
studies have been
al studies cited
testimony concerning
conducted by staff,
~ant to section 15162
~ial changes in the
nich the project is
generate new
ich will require
ne Fostoria Way Study
· m EIR" that is
~EQA Guidelines
ne following
lternatives developed
~a General Plan
nto the project;
to certification of
~visions of the EIR
rial significant
been mitigated;
there have not been substantial c]
the circumstances under which the
which require important revisions
and,
no new information of substantial
project has become available whic]
additional or supplemental EIR.
The Planning Commission of the Town of
with incorporation of mitigation measu]
Town Council Resolution No. 20-86 and
measures specified in Exhibit A - Cond
that the requirements of CEQA have bee
regard to the approval of the Final De'
Costco Wholesale project.
In light of the foregoing, the Plannin¢
Town of Danville finds and determines
of the Final Development Plan (PUD 87-~
The proposed planned unit developi
with the Danville General Plan an(
Development Plan approved by the
18, 1987 through adoption of Ordi
The commercial development will pi
environment of sustained desirabi]
that will be in harmony with the
surrounding community and will gel
environmental impacts that other
permitted pursuant to GPA 85-2.
The traffic mitigation measures i
Ramon/Danville Settlement Agreeme~
contribution of the Shilo propert5
the first $300,000 in Commercial 9
collected from development on the
Way General Plan Amendment Area,
mitigation measures incorporated
will eliminate or sufficiently mi
adverse impacts of the project on
circulation system, and
5
langes with respect to
project is undertaken
of the prior EIR;
importance to the
would require an
Danville finds that
~es as speci~ied in
ldditional mitigation
~tions of Approval,
satisfied with
,elopment Plan for the
; Commission of the
Ls follows in support
)-
ent is consistent
[ the Preliminary
~own Council on May
Lance 118.
~oduce a commercial
.ity and stability,
:haracter of the
~erate fewer potential
:ommercial projects
[entified in the San
~t including
and contribution of
.I.P. fees actually
site to the Fostoria
~ogether with the
.n Resolution 20-86,
~imize potential
the traffic
The approval of Final Development
the public interest.
PASSED, AND ADOPTED THIS
the following vote:
llth
day of
AYES:
NOES:
Commissioners
Commissioners
Hirsch, Hendric!
Plan PUD 87-3 is in
April
, 1988 by
~s, Frost, Vilhauer, Wright
ABSTENTION: Commissioners Harvey
ABSENT: Commissioners ~~
~ lairman
jp9
6