HomeMy WebLinkAbout91-23RESOLUTION NO. 91-23
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE RECOMMENDING THAT THE TOWN COUNCIL
APPROVE A TOWN-WIDE REZONING OF AREA I - DIABLO ROAD AND AREA 21 - OLD
BLACKHAWK ROAD TO BRING ZONING INTO CONFORMANCE WITH THE DANVILLE
2005 GENERAL PLAN
WHEREAS, 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
WHEREAS, the subject sites are identified and located on the attached maps in
Exhibit B of the May 28, 1991 Planning Commission staff report; and
WHEREAS, based on an initi:il 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 May 28, 1991; and
WHEREAS, the public notice of this action was given in all respects as required by
law; and
WHEREAS, a staff report was submitted recommending that Planning Commission
recommend that the Town Council approve the request; and
PAGE 1 OF RESOLUTION 91-23
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
WHEREAS, the recommended 'Conditions of Approval are attached in Attachment
A for PUD 91-4.
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 Area 1 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 request for PUD 91-4, per the
conditions contained herein, and makes the following findings in support of the 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 existing and proposed land uses are compatible with those in the district and
surrounding uses.
PAGE 2 OF RESOLUTION 91-23
The proposed residential rezonings will constitute a residential environment of
sustained desirability and stability.
APPROVED by the Danville Planning Commission at a Regular Meeting on May 28,1991
by the following vote:
AYES:
NOES:
ABSTAINED:
~ning
Arnerich, Hughes, Hunt, Murphy, Osborn, Vilahuer, Wright
C15a~rman
pcmcm6
PAGE 3 OF RESOLUTION 91-23
ATTACHMENT A
Preliminary Development Plan - Rezoning (PUD 91-4)
Old Blackhawk Road Single Family Residential
3511, 3555, 3650, 3656, 3742, 3871 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 rez~)ning 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-residential
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 4 OF RESOLUTION 91-23
0
no
co
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.
A Land Use Permit may be considered for more than one detached dwelling on a
lot or parcel of land, and shall not be subject to the provisions contained in the
Town's Second Unit Ordinance.
PAGE 5 OF RESOLUTION 91-23