HomeMy WebLinkAbout94-06RESOLUTION NO. 94-06
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING ADOPTION OF A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF
PRELIMINARY DEVELOPMENT PLAN -
REZONING REQUEST (PUD 94-01) KAUFMAN AND BROAD OF NORTHERN
CALIFORNIA - APN 206-010-012
WHEREAS, Kaufman and Broad has received approval of Preliminary Development Plan -
Rezoning (PUD 93-04) for a 181 unit townhouse project on a 10.3 +/- acre site; and
WHEREAS, the subject site is located south of Center Way, east of Crow Canyon Road and
west of Tassajara Ranch Road and north of Subdivision 7132, and is identified as
Assessor's Parcel Number 206-010-012; and
WHEREAS, Kaufman and Broad has now requested approval of a Final Development Plan
- Tentative Map (DP 93-29/SD 7889) for 196 units, which includes units an additional 1.0
acre; and
WHERF~S, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning to establish a Planned Unit
Development District; and
WHEREAS, A draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on February 8, 1994; 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 the Planning Commission
recommend Town Council approval of the request; 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 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 (PUD 94-01)
PAGE I RESOLUTION 94-06
per the conditions contained herein, and makes the following findings in support of this
action:
1. The proposed project is consistent with the Danville 2005 General Plan.
The residential development will constitute a residential environment of sustained
desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
The development will mitigate off-site traffic and drainage impacts through the
assurance of off-site improvements in a manner acceptable to the Town.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
Approval of a Preliminary Development Plan for the subject one acres
acknowledges that the Town is concurrently processing a General Plan Amendment
application (GPA 93-01) proposing to develop the remaining two acres of this
parcel for commercial purposes. Additionally, that approval of the Preliminary
Development does not preclude extending the multiple family land use into all or
a portion of the remaining two acres.
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the locality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing will be
provided in this project: 5% of the 181 units ( 10 units) will be made available to
households earning 120-140% of the area's median income level; and 10% of the
housing units ( 20 units) will be made available to households earning 80-120% of
the area's median income level.
Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
PAGE 2 RESOLUTION 94-06
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Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention ora greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would require important revisions
of the prior EIR; and (4) no new information of substantial importance to
the project has become available which would require an additional or
supplemental EIR.
CONDITIONS OF APPROVAl,
Approval of the final development plan for this portion of the project is
subject to Town Council approval of this Preliminary Development
Plan/Rezoning.
This development shall be subject to all applicable conditions of approval
for DP 93-29 and SD 7889.
APPROVED by the Danville Planning Commission at a Regular Meeting on February 8,
1994, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Chief of
Arnerich, Hunt, Jameson, Murphy, Osborn, Vilhauer
Bowlby
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-~-~ d/Ciw Attorney ~-
PAGE 3 RESOLUTION 94-06