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HomeMy WebLinkAbout91-44RESOLUTION NO. 91-44 A RESOLUTION OF THE PI~aNNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE DANVILLE TOWN COUNCIL ADOPT A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE FOR GENERAL PLAN AMENDMENT GPA 91-6 - ESTABLISHING A GROWTH MANAGEMENT ELEMENT AS AN OPTIONAL ELEMENT TO THE DANVILLE GENERAL PLAN WHEREAS, in August, 1988, Contra Costa County residents approved Measure C - the "Contra Costa Transportation Improvement and Growth Management Program" authorizing the collection of an additional one-half cent in sales tax in Contra Costa County; and WHEREAS, a percentage of the Measure C monies collected (18%) are to be returned to local jurisdictions for use in a variety of transportation related improvements; and WHEREAS, in order to receive these funds cities must prepare a separate Growth Management Element (Element) of the General Plan to address the impacts of growth; WHERF3~, Section 65350 et. seq. of the Government Code of the State of California prescribes the procedure for adopting and amending the Town's General Plan; and WHERF~S, pursuant to the provisions of State Planning and Zoning Law, it is the function and duty of the Planning Commission of the Town of Danville to review and recommend action on proposed amendments to the Town's General Plan; and WHEREAS, at their meeting of June 5, 1989, the Danville Town Council adopted Resolution No. 70-89 indicating the Town's intent to comply with the growth management program requirements contained within Measure C, thereby allowing the Town to qualify for local street maintenance and improvement funding (i.e., the return to source portion of Measure C funds); and WHEREAS, the Growth Management Committee established as part of the Town Forum process in 1990 examined key issues and solutions relating to growth management and reported to the Town Council on April 19, 1990; and WHEREAS, the Danville Planning Commission and Town Council held joint study sessions on January 8, and January 15, 1991, to discuss the Town's present approaches to growth management related issues (and to discuss the philosophical basis of that approach) and to consider options/obligations for the future in the area of growth management; and WHEREAS, direction provided to staff at the second study session included the following; The Growth Management Advisory Committee to be established to aid the preparation of the Element should not set out to "reinvenf' the General Plan. Because of the detail and scope of the Danville 2005 General Plan, a majority of the optional topics for the Element (as outlined by Measure C PAGE NO. 1 RESOLUTION NO. 91-44 materials generated by the Contra Costa Transportation Authority) have already been addressed in detail. b. In preparing the Element, the advisory committee should; "revisif' growth management issues previously addressed in the Danville 2005 General Plan, and "revisif' the question of "who do we want to be?"; and WHERF~S, at their meeting of February 5, 1991, the Danville Town Council adopted Resolution No. 38-91 authorizing the formation of a Growth Manageme. nt Advisory Committee to assist with the preparation of the Element; and WHEREAS, the Growth Management Advisory Committee met nine times between March and September, 1991 to refine the March 21, 1991 administrative draft of the Element prepared by staff; and WHEREAS, opportunities for public participation in the preparation of the Element occurred with the community meeting conducted by the Growth Management Advisory Committee (September 19, 1991); and WHERF~S, public comment and input was also solicited through the circulation of the environmental documentation (Negative Declaration of Environmental Significance) prior to the Planning Commission's consideration of the Element; and WHERF~S, the Planning Commission did review the Element at noticed public hearings on September 24, 1991 and October 8 and 22, 1991; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared and circulated for the Element, indicating that no significant environmental impacts are anticipated to be associated with the adoption of the Element; and WHEREAS, a staff report was submitted recommending that Planning Commission accept the Element from the Growth Management Advisory Committee, conduct a public hearing to receive input on the Element and recommend the Town Council adopt a Negative Declaration of Environmental Significance for General Plan Amendment GPA 91-6 and approve GPA 91-6 - establishing a Growth Management Element as an optional element to the Danville General Plan; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it PAGE NO. 2 RESOLUTION NO. 91-44 RESOLVED that the Planning Commission of the Town of Danville recommends that the Town Council adopt the Negative Declaration of Environmental Significance and makes the following findings in support of the recommendation: The Negative Declaration of Environmental Significance prepared for GPA 91-6 fully and adequately addresses potential environmental impacts associated with the adoption of the Growth Management Element, satisfying the requirements of the California Environmental Quality Act (CEQA). o On the basis of the Initial Study of Environmental Impacts, there is no evidence that the adoption of the Element will have a significant effect on the environment. o There is no evidence before the Town that adoption of the Element will have any potential for adverse effect on wildlife resources; and be it further RESOLVED that the Planning Commission of the Town of Danville advises the Town Council of'their hesitancy to create the Element in that its adoption establishes as requirement that the Town annually report to another agency on its compliance with the requirements of the Element (the Contra Costa Transportation Authority); and be it further RESOLVED that the Planning Commission of the Town of Danville recommends the Town Council approve General Plan Amendment GPA 91-5 - establishing a Growth Management Element as a new element to the Danville General Plan and makes the following findings in support of the recommendation: The adoption of the Growth Management Element as an optional element to the Danville General Plan, when coupled with the recommended revisions and refinements to the existing General Plan, is consistent with the Danville 2005 General Plan. o The General Plan Amendment will not adversely affect the preservation of present aesthetics and other community qualities, it instead has the potential to enhance and enrich the community by assuring the establishment of a comprehensive, long- range program that will match the demands for new development with plans, capital improvement programs, development mitigation programs and financing mechanisms. ° The General Plan Amendment will enhance the Town's ability to maintain high- quality public facilities and services. o The General Plan Amendment will not adversely affect the quality of life within existing developed areas of the community. o The General Plan Amendment will not adversely affect the harmony between Danville's development and it's physical setting; and be it further PAGE NO. 3 RESOLUTION NO. 91-44 RESOLVED that the Planning Commission of the Town of Danville advises the Town Council that the nature of the amendments the Commission made to the circulation draft Growth management Element forwarded to the Commission from the Growth Management Advisory Committee were made largely maximize the Element's flexibility, including a call for review and modification of the performance standards as circumstances change to assure that the document stays contemporary; and be it further RESOLVED that the Planning Commission of the Town of Danville advises the Town Council that extensive discussion amongst the Planning Commission focused on the proposed performance standard for Parks and that the Commission was split on its recommendation for the minimum park acreage required per 1,000 residents (discussion focused on a standard of 3.5 to 4.5 acres per 1,000 residents to a standard of 5.0 acres per 1,000 residents); and be it further RESOLVED that the Town Council of the Town of Danville amends policies 1.02, 2.02, 9.02 and 11.03 of the Danville 2005 General Plan to remove inconsistencies and/or conflicts between the Growth Management Element and the rest of the general plan (with the revised'language reflected in Attachment A of this resolution) RESOLVED that the Planning Commission of the Town of Danville advises the Town Council that the Commission directed Planning Commissioner Osborn to report to the Council on the thoughts/merits of the two approaches discussed regarding the Parks performance standard. APPROVED by the Danville Planning Commission at a Regular Meeting on October 22, 1991 by the following vote: AYES: Arnerich, Wright, Hughes, Hunt, Osborn, Murphy NOES: ABSENT: ABSTAINED: Vilhauer APPROVED AS TO FORM: Chief of ~hing ///City Attorney gmepcres.022 PAGE NO. 4 RESOLUTION NO. 91-44