HomeMy WebLinkAbout91-15RESOLUTION NO. 91-15
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING THAT THE TOWN COUNCIL APPROVE
A TOWN-WIDE REZONING OF AREAS 2, 3, 5, 6, 8, 10, 13, 14, 15, 16, 17,
AND 20 TO BRING ZONING INTO CONFORMANCE WITH THE
DANVILLE 2005 GENERAL PLAN
WHE~, the Town of Danville is required by State law to bring all zoning within
the Town limits into conformance with the 2005 General Plan; and
WHEREAS, the Town of Danville has initiated a Town-wide rezoning for parcels that
are not in conformance with the Danville 2005 General Plan; and
WHE~, the subject sites are identified and located on the attached maps in
Exhibit A of the April 23, 1991 Planning Commission staff report; and
WHE~, based on an initial study, a Negative Declaration of Environmental
Significance has been prepared for this project, indicating that no significant
environmental effects are anticipated to be associated with the project; and
WHEREAS, the Planning Commission did review the proposed rezonings at a
noticed public hearing on April 23, 1991; and
WHEREAS, the public notice of this action was given in all respects as required by
law; and
WHE~, a staff report was submitted recommending that Planning Commission
recommend that the Town Council approve the request; and
PAGE 1 OF RESOLUTION 91-15
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
WHEREAS, the Planning Commision continued discussion of Areas 1 and 21 (PUD
91-4) until the May 28, 1991 Planning Commision meeting in order to do further research
into these areas;
WHEREAS, the recommended Conditions of Approval are attached in Attachment
A for PUD 91-3 (Area 20), PUD 91-5 (Area 13) and PUD 91-6 (Area 8).
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town
of Danville recommends the Town Council grant a Negative Declaration of Environmental
Significance and approve rezoning request RZ 91-3 (for Areas 2, 3, 5, 6, 10, 14, 15, 16 and
17) and makes the following findings in support of the Town-wide rezoning:
1. The proposed rezonings are consistent with the Danville 2005 General Plan.
State law requires cities to bring all zoning into conformance with the General
Plan.
The uses existing and proposed are compatible within those in the district and
surrounding uses.
A community need has been demonstrated for the proposed uses through the
General Plan process, and be it;
FURTHER RESOLVED THAT the Planning Commission of the Town of Danville
recommends the Town Council grant a Negative Declaration of Environmental Significance
and approve Preliminary Development Plan - Rezoning requests for PUD 91-3 (Area 20),
PUD 91-5 (Area 13) and PUD 91-6 (Area 8), per the conditions contained herein, and
makes the following findings in support of the Town-wide rezoning:
1. The proposed rezonings are consistent with the Danville 2005 General Plan.
State law requires cities to bring all zoning into conformance with the General
Plan.
PAGE 2 OF RESOLUTION 91-15
The existing and proposed land uses are compatible with those in the district and
surrounding uses.
o
In the case of residential development, the proposed rezonings will constitute a
residential environment of sustained desirability and stability.
o
In the case of commercial develOpment, the need for the uses has been
demonstrated through the Danville 2005 General Plan process and no traffic
congestion will result from the rezoning.
APPROVED by the Danville Planning Commission at a Regular Meeting on April 23, 1991
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
Arnerich, Hughes, Murphy, Osborn, Vilhauer, Wright
Hunt
Chief of P
,~f~y Attorne~~
Chairman
PAGE 3 OF RESOLUTION 91-15
ATTACHMENT A-1
Preliminary Development Plan - Rezoning (PUD 91-3)
Sherburne 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
The proposed rezoning is consistent with the Danville 2005 General Plan.
State Law requires Cities to bring all zoning into conformance with the General
Plan.
The uses proposed in the land use districts are compatible within the district and
the adjacent residential districts.
The 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
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 I 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 -
PAGE 1 OF ATTACHMENT A-1
Rezoning. There shall be no time limit for filing a Final Development Plan for
review and approval by the Planning Commission.
Where an existing legal non-resiential 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.
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:
Horticulture;
Small farming, including the raising of poultry and rabbits or other grain
fed rodents;
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.
All project landscaping associated with redevelopment of the subject properties
shall conform with landscape guidelines in place at the time of installation.
o
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 ATTACHMENT A-1
ATTACHMENT A-2
Preliminary Development Plan - Rezoning (PUD 91-4)
Old Blackhawk Road Single Family Residential
3555 & 3511 Old Blackhawk Road
Area 21 of Town-wide Rezoning
FINDINGS
The proposed rezoning is consistent with the Danville 2005 General Plan and Old
Blackhawk Road Specific Plan.
State law requires Cities to bring all zoning into conformance with the General
Plan.
The uses proposed in the land use districts are compatible within the district and
uses in adjaCent districts.
The proposed residential rezoning will constitute a residential environment of
sustained desirability and stability.
CONDITIONS OF APPROVAL
Development of the subject properties shall be governed by the Old Blackhawk
Road Specific Plan adopted in August 1988 (Town Council Resolution No. 98-88).
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.
At the time of adoption of this P-1 District, any existing legal uses on the sites will
become legal non-conforming, and may only be expanded and/or modified upon
securing approval of a Land Use Permit. Where an existing legal non-resienfial use
exists under a valid land use permit, that use will continue to be allowed pursuant
to such use permit.
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:
PAGE 1 OF ATTACHMENT A-2
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Horticulture;
Small farming, including the raising of poultry and rabbits or other grain
fed rodents;
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.
o
All project landscaping associated with redevelopment of the subject properties
shall conform with landscape guidelines in place at the time of installation.
PAGE 2 OF ATTACHMENT A-2
ATTACHMENT A-3
Preliminary Development Plan - Rezoning (PUD 91-5)
Tassajara North
2655, 2615, 2605, 2425, 2305 Camino Tassajara and (APN: 215-090-019, 018 & 013)
Area 13 of-Town-wide Rezoning
FINDINGS
1. The proposed rezoning is consistent with the Danville 2005 General Plan.
o
State law requires Cities to bring all zoning into conformance with the General
Plan.
The uses proposed in the land use districts are compatible within the district and
uses in adjacent districts.
A need for the commercial development has been demonstrated by the 2005
General Plan adoption process and no traffic congestion will result from the
rezoning.
CONDITIONS OF APPROVAL
Development of the subject properties shall be governed by the Sycamore Valley
Specific Plan for the area, as amended by the Danville 2005 General Plan text for
Special Concern Area I - Camino Tassajara North. 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.
o
The following uses in this district require approval of a Land Use Permit and Final
Development Plan;
Churches and religious institutions
Public or private schools
Nursery schools and child care facilities
Funeral homes and cemeteries
Community buildings of a quasi-public, social, fraternal, or recreational character,
Athletic clubs and facilities
PAGE 1 OF ATTACHMENT A-3
0
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All project landscaping associated with redevelopment of the subject properties
shall conform with the landscape guidelines in place at the time of installation.
Frontage improvements and road dedications shall conform with the precise
alignment for Camino Tassajara, Sycamore Valley Specific Plan and meet
Engineering Division standards.
All development in this area shall be coordinated with the roadway system that has
been established for the surrounding developments, including the adjacent
developments on the south side of Camino Tassajara, Messiah Lutheran Church,
Town Service Center, Creative Learning Center, Zion Fellowship Church, U.S. Post
Office, Sycamore Park and School facilities.
PAGE 2 OF ATTACHMENT A-3
ATTACHMENT A-4
Preliminary Development Plan - Rezoning (PUD 91-6)
Gwen Court
APN: 202-171-018
Area 8 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 districts are compatible within the district and
uses in adjacent districts.
4. The proposed residential rezoning will constitute a residential environment of
sustained desirability and stability.
CONDITIONS OF APPROVAL
Development of the subject site shall be governed by the R-100 zoning standards,
Danville Hillside/Ridgeline Ordinance and design guidelines and the recorded
Superseding Grant Deed of Development Rights limiting development below the
500 foot contour (Book 10103, Page 943). This rezoning shall constitute a
Preliminary Development Plan-Rezoning. There shall be no time limit for filing a
Final Development Plan for review and approval by the Planning Commission.
All development on the site shall address site drainage issues to the satisfaction of
the City Engineer prior to development plan application.
3. Any access roads serving development on the site shall not exceed a 20% gradient.
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PAGE 1 OF ATTACHMENT A-4