HomeMy WebLinkAbout94-27RESOLUTION NO. 94-27
RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
RECOMMENDING ADOPTION OF A NEGATIVE DECIakRATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF THE
DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF
DANVILLE AND DIABLO RANCH
DEVELOPMENT COMPANY
WHEREAS, Diablo Ranch Development Company (applicant) received Vesting Tentative
Map approval for a 259-1ot residential subdivision in Danville in March of 1988; and
WHERFa~S, the applicant has to date been obtaining Final Maps for the residential
subdivision in phases as allowed by the Subdivision Map Act, specifically the applicant has
obtained Final Map for Subdivision 7058, recorded October 10, 1989 (Areas B, C & F,
Lots 1-92), Subdivision 7335, recorded July 28,k 1992 (Area G, Lots 1-18), and Subdivision
7668, recorded February 26, 1993 (Areas D-I, D-4 and E-02, and a portion of Area A, Lots
93-159); and
WHEREAS, the applicant desires to discontinue the "phasing" of Final Maps and apply for
and obtain a single Final Map for the entire remainder of the project (the remaining 83
lots); and
WHEREAS, the applicant, in obtaining a single Final Map for the entire remainder of the
project may be giving up certain vested rights to complete the project in accordance with
laws in effect at the time the original application was received by the Town; and
WHERF_akS, the Development Agreement will allow the applicant to record the remaining
lots of the project in one phase, while assuring the continuance of vesting rights for a
period of ten years; and
WHERF&S, the Planning Commission has reviewed the proposed development agreement,
which provides that the applicant shall obtain a Final Map for the entire remainder of the
residential subdivision and pay all applicable fees therefore "up front", and has
determined that the entering into such development agreement would be beneficial for
both the Town and the applicant; and
WHERFa~S, a draft Negative Declaration of Environmental Significance was prepared for
the project; and
WHERFa~S, the Planning Commission did review the project at a noticed public hearing
on September 13, 1994; and
VdHEREAS, the public notice of this action was given in all respects as required by law;
and
PAGE ! OF RESOLUTION NO. 94-27
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend Town Council approval of the project; and
WHERF&S, the Planning Commission did hear and consider all reports, recommendations
and testimony submitted in writing and presented at the hearing; and
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission recommends the
Town Council grant a Negative Declaration of Environmental Significance, and approve
by ordinance the proposed Development Agreement between the Town of Danville and
Diablo Ranch Development Company, and the Planning Commission makes the following
findings in support of this action:
The proposed Development Agreement:
(1)
is consistent with the objectives, policies, general land uses and programs
specified in the general plan and any applicable specific plan;
(2)
is compatible with the uses authorized in, and the regulations prescribed
for, the land use district in which the real property is located;
(3)
is in conformity with the public convenience, general welfare and good land
use practice;
(4) will not be detrimental to the health, safety and general welfare;
(5) will not adversely affect the orderly development of property or the
preservation of property value.
APPROVED by the Planning Commission at a Regular Meeting on September 13, 1994,
by the following w)te:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Bowlby, Hunt, Jameson, Murphy, Vilhauer
Osborn
APPROVED AS TO FORM:
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