HomeMy WebLinkAbout88-59Town Council Resolution 59-88
A RESOLUTION OF THE DANVILLE TOWN COUNCIL, DENYING THE APPEALS
FILED AND UPHOLDING THE PLANNING COMMISSIONS ACTION APPROVING
FINAL DEVELOPMENT PLAN PUD 87-3 FOR LOT 64 OF SD 6806 (COSTCO
WHOLESALE); AND, MAKING FINDINGS IN SUPPORT OF THE FINAL
DEVELOPMENT PLANAND PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
WHEREAS, Sections 65350 et seq. of the Government Code of the
State of California prescribe the procedure for adopting and
amending the Town's General Plan; and
WHEREAS, a study of the Fostoria Way Area was initiated by the
Town of Danville in 1985 in order to study land use alternatives
which might exist for the study area and with the purpose of
amending the Town's General Plan and zoning ordinance, if
necessary, to reflect the most appropriate land uses for the
Fostoria Way Area; and
WHEREAS, an environmental impact report for the Fostoria Way
Study General Plan Amendment (the "EIR") was prepared by the
Town of Danville pursuant to the California Environmental
Quality Act ("CEQA"); and
WHEREAS, the Town of Danville approved Resolution No. 20-86 on
March 17, 1986, certifying review and consideration of a Final
EIR, making findings with respect to significant impacts,
adopting a statement of overriding considerations pursuant to
section 15093 of the State CEQA Guidelines, and establishing
mitigation measures to alleviate or minimize the significant
environmental effects that might arise from amendment of the
General Plan for the Fostoria Way Study Area and the
construction of indiVidual projects in accordance with the
General Plan Amendment; and
WHEREAS, the Town Council approved Resolution 21-86 on March
17, 1986, adopting a general plan amendment (GPA 85-2) and
initiating rezoning of the 66.6 acre Fostoria Way Study Area to
permit the development of single and multiple family residential
housing, commercial uses (including destination and service
retail and hotel/motel uses), and general open space; and
WHEREAS, following the adoption of Resolutions 20-86 and 21-86
by the Town of Danville, the City of San Ramon initiated the
only legal challenge to the adequacy of the EIR and to the
validity of GPA 85-2 by filing suit pursuant to CEQA Guidelines
Section 21167 in Contra Costa County Superior Court (the "San
Ramon Litigation"); and
lC
WHEREAS, the representatives of the Town of Danville, the city.
of San Ramon and all of the real parties in interest to the
lawsuit held extended settlement negotiations over a period of
several months pursuant to CEQA Guidelines section 21167.8 and,'
as a result, the parties executed the "San Ramon/Danville
Settlement Agreement" and "The Danville-Castle-Shilo Agreement"
on December 19, 1986 (which agreements are incorporated herein
by reference as though they were set forth in full) in order to
fully settle the San Ramon Litigation with respect to any legal
challenge to the EIR, the General Plan Amendment, or projects
undertaken in the Fostoria Way Area in accordance with the EIR
and GPA 85-2; and
WHEREAS, the San Ramon/Danville Settlement Agreement states,
in pertinent part, at paragraph 8 on page 5, "To the extent
required, amendment of G.P.A. 85-2 shall be 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 by this Agreement and
the Shilo/Castle and Danville agreements"; and
WHEREAS, in light of the traffic mitigation measures for the
Fostoria Way Area required by the San Ramon/Danville Settlement
Agreement and Resolution 20-86, which sufficiently eliminate
adverse circulation impacts of individual projects to be
developed within the Fostoria Way Area, there presently exists
no need for further traffic'studies on specific individual
development projects within the Fostoria Way Study Area; and
WHEREAS, the Danville Town Council approved Resolution 13-88
on February 18, 1988, amending GPA 85-2 by deleting paragraph 5
on page 2 thereof, in accordance with the San Ramon/Danville
Settlement Agreement and based upon present conditions and
needs; and
WHEREAS, in accordance with the Fostoria Way General Plan
Amendment, the Town Council adopted Ordinance 118 on May 18,
1987 rezoning the 66.6 acre Fostoria Way Study Area from A-2,
A-3, C-S2 and P-1 to P-l; and
WHEREAS, Ordinance 118 designated a specific range of
Destination Commercial uses which could occur within the
designated Commercial areas of the site including: hotel, motel,
catalogue showroom, large scale off price stores or wholesale
outlets for the general public, department store, automobile
dealerships, and specialty stores of a regional nature, and
approved a Preliminary Development Plan for PUD 87-3; and
WHEREAS, the Danville Planning Commission approved a Tentative
MaD for SD 6806 on May 28, 1987, creating a 15.77 acre
commercial site known as lot 64 of SD 6806: and
2C
WHEREAS, an application for Final Development Plan (PUD 87-3)
was properly filed by Fostoria Associates Ltd. in accord with
the rules and regulations governing the filing of such
applications; and
WHEREAS, the application was filed to allow construction of a
127,074 square foot Costco Wholesale store on an approximately
9.9 acre site on the north side of Fostoria Way on Lot 64; and
WHEREAS, the Planning Commission conducted a duly noticed
public hearing to consider the Final Development Plan on
February 22 and April 11, 1988; and
WHEREAS, the Planning Commission adopted Resolution 88-3,
(which resolution is incorporated herein by this reference),
approving Final Development Plan PUD 87-3 for Lot 64 of SD 6806
(Costco Wholesale); and making findings in support of the Final
Development Plan and pursuant to CEQA; by a vote of 5-0-1; and
WHEREAS, the Planning Commission action was appealed within
the time prescribed by ordinance by the City of San Ramon, the
Crow Canyon Country Estates, Crow Canyon Heights and Crow Canyon
Estates Community Associations, Mr. R. David Adamson, and Mr.
Paul Baldacci; and
WHEREAS, the Town Council conducted a duly noticed public
hearing to consider the appeals on May 2, 1988; and
WHEREAS, the Town staff has presented substantial factual
information regarding the appeal and proposed Final Development
Plan, including technical studies which were prepared to
supplement the information in the EIR, these being (1) the
Costco Fostoria Way Traffic Impact Study ("Traffic Study") (2)
an evaluation of the impact of Costco sales on existing retail
stores in the cities of Danville and San Ramon, and (3) a
Liquefaction Review for the Costco building; and
WHEREAS, the Town Council considered these technical studies,
as well-as all public testimony and information presented during
the public hearing regarding the proposal; and
WHEREAS, the Traffic Study is based on traffic counts taken in
February, 1988 and updates 13 previous studies that addressed
traffic and land use in the region, and the Traffic Study
concludes that Costco will generate a'significantly lower amount
of peak hour traffic than the amount envisioned in the EIR for
that portion of lot 64 that Costco will occupy and that the
cumulative impacts of full buildout of the region and of the
Fostoria Way Area (including Costco) will not result in
degradation of the traffic situation such that any impacted
intersections would experience conditions worse than Level of
'Service "D", and
3C
WHEREAS, the Town Council reviewed and considered the
Environmental Impact Report prepared for the Fostoria Way Study
Area General Plan Amendment (G.P.A. 85-2) and has found and
determined that the EIR is adequate to satisfy the requirements
of (CEQA) and to serve as a "Program EIR" whose scope includes
the proposed project.
NOW THEREFORE, THE TOWN COUNCIL OF THE TOWN OF DANVILLE HEREBY
FINDS, DETERMINES AND RESOLVES AS FOLLOWS:
ae
The EIR prepared for the Fostoria Way Study Area General
Plan Amendment was certified by the Town of Danville on
March 17, 1986.
The Town of Danville adopted findings regarding the EIR
through adoption of Town Council Resolution No. 20-86
(which resolution is incorporated herein by this
reference), which included consideration of significant
environmental impacts, and project alternatives and
adoption of mitigation measures.
Ce
In Resolution 20-86, the Town adopted a Statement of
Overriding Considerations pursuant to section 15093 of
the State CEQA Guidelines, finding that implementation of
the project may have the following significant impacts
which are unavoidable: loss of agricultural land,
introduction of urban pollutants to storm flow, a
permanent change in the visual quality from a rural
setting to one of urban type structures, increased
traffic, increased noise levels, and demand for expansion
of the urban services network. The Town determined that
it was in the public's best interests to allow these
impacts to occur due to the following overriding
considerations: 1) The Project is in a highly urbanized
area where agricultural enterprise is no longer an
appropriate or compatible use of property; 2) all
surrounding properties have been removed from
agricultural production; 3) development of the Project
will contribute to the vitality of the community through
provision of services and revenues to the Town; and 4)
development of residential, particularly multiple family
residential, uses on the property will assist the Town in
providing needed housing stock partially satisfying goals
of the Housing Element.
De
The Town Council has determined that the Statement of
Overriding Considerations contained in Resolution 20-86
remains applicable and that, since the above-enumerated
benefits of the project outweigh its unavoidable adverse
environmental effects in that the location of a Costco
4C
Ge
Wholesale store on Lot 64 will provide important
community services, utilize the land in a manner
compatible with the surrounding area, and enhance Town
revenues, the unavoidable environmental impacts of the
project if any are acceptable.
Further technical studies, including (1) the Costco
Fostoria Way Traffic Impact Study, (2) an evaluation of
the Impact of Costco Sales on existing Retail Stores in
the Cities of Danville and San Ramon and (3) a
Liquefaction Review for the Costco Building have been
prepared according to accepted professional standards in
order to determine whether or not substantial changes in
the project or in the circumstances under which the
project is undertaken have occurred since certification
of the EIR. All of these studies have been made
available to the public. ~
In consideration of the further technical studies cited
above, together with all of the public testimony
concerning the project and the extensive analysis
conducted by staff, the Town Council determines pursuant
to section 15162 of the CEQA Guidelines, that no
substantial changes in the project, or in the
circumstances under which the project is undertaken, will
occur which will either generate new significant
environmental impacts or which will require important
revisions to the EIR;
Consideration of the EIR prepared for the Fostoria Way
Study Area General Plan Amendment as a "Program EIR" that
is applicable to this project pursuant to CEQA Guidelines
Section 15168, and a determination that no supplemental
EIR is either appropriate or required are appropriate
based on the following findings:
Feasible mitigation measures and alternatives
developed in the EIR for the Fostoria Way Area
General Plan Amendment, as well as additional
project mitigation measures contained in Exhibit A -
Conditions of Approval attached hereto and
incorporated herein by reference), have been
incorporated into the project;
As demonstrated by the technical studies mentioned
above, changes in the project subsequent to
certification of the EIR do not require important
revisions of the EIR since they will not generate
potential significant environmental effects that
have not been mitigated;
5C
Ho
e
As demonstrated by the technical studies discussed
above, there have not been substantial Changes with
respect to the circumstances under which the project
is undertaken which require important revisions of
the EIR; and,
No new information of substantial importance to the
project has become available which would require an
additional or supplemental EIR.
Having considered the Program EIR and all subsequent
environmental analysis, the Town Council of the Town of
Danville finds that with incorporation of mitigation
measures as specified in Town Council Resolution No.
20-86 and additional mitigation measures specified in
Exhibit A - Conditions of Approval, that the requirements
of CEQA have been satisfied with regard to the approval
of the Final Development Plan for the Costco Wholesale
project.
In light of the foregoing, the Town Council of the Town
of Danville hereby approves the Final Development Plan
(PUD 87-3) finds and determines as follows in support of
PUD 87-3:
The proposed planned unit development is consistent with
the Danville General Plan and the Preliminary Development
Plan approved by the Town Council on May 18, 1987 through
adoption of Ordinance 118.
The commercial development will produce a commercial
environment of sustained desirability and stability, that
will be in harmony with the character of the surrounding
community and will generate fewer potential environmental
impacts than other commercial projects permitted pursuant
to GPA 85-2.
Use of the site for a Costco Wholesale store was
contemplated by the Preliminary Development Plan and will
not be growth-inducing.
As demonstrated by the evaluation of the Impact of Costco
Sales on existing Retail Stores in the cities of Danville
and San Ramon, the project's economic impacts will not
cause physical results or effects of environmental
significance.
The mitigation measures identified in the San
Ramon/Danville Settlement Agreement including, but not
limited to, cooperation between San Ramon and Danville
concerning the planning, funding and construction of the
6C
Fostoria Way overcrossing, contribution of the Shilo
property, and contribution of the first $300,000 in
Commercial T.I.P. fees actually collected from
development on the site to the Fostoria Way General Plan
Amendment Area, together with the mitigation measures
incorporated in Resolution 20-86, and the additional
project mitigation measures included in Exhibit A -
Conditions of Approval, will eliminate or sufficiently
minimize potential adverse impacts of the project or any
potential cumulative impacts of the project, and
e
The approval of Final Development Plan PUD 87-3 is in the
public interest.
PASSED, AND ADOPTED THIS 16th
the following vote:
AYES: Councilmembers
NOES: Councilmembers
day of May , 1988 by
Greenber~, Jagger, Lane, Ritchey,
Schlendorf
None
ABSTENTION: Councilmembers
None
None
ABSENT:
Councilmembers