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HomeMy WebLinkAbout133-836\ BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE IN THE MATTER OF: Adopting Amendments to the ) Sycamore Valley Specific Plan ) Which Allow Limited Minor ) RESOLUTION NO. 133-83 Subdivisions with Conditions ) Assuring Infrastructure ) Improvements ) ) 1. The Sycamore Valley Specific Plan was adopted on June 12, 1981. It was intended to provide for orderly coordinated growth and assurance that needed infrastructure improvements and public services will be provided during the Valley's development. 2. The adopted Plan requires that public utilities, flood control and drainage improvements, fire protection measures, water and sewer services, and roadway improvements will be assured prior to the filing of a final subdivision or parcel map. 3. It was expected that certain improvements would have been completed shortly after the Plan's adoption, but they have not. Property owners face economic hardship due to the Plan's requirement for infrastructure improvements prior to minor subdivision approval. 4. The city wishes to modify the Plan to permit minor subdivisions to be considered under certain conditions assuring infrastructure improvements. 5. Sections 65500 et seq. of the Government Code prescribe the procedures for adopting amendments to a specific plan. 6. After notice and a hearing held on November 14, 1983, the Planning Commission recommended to the City Council adoption of the amendments to the Sycamore Valley Specific Plan which are attached here as Exhibit "A". 7. After proper notice, this Council held a public hearing on the proposed amendments to the Specific Plan, the hearing having occurred on December 15, 1983 . \ 8. At the conclusion of the hearing the Council decided to adopt amendments to the Specific Plan. NOW, THEREFORE, the City Council of the City of Danville resolves as follows: Amendments to the Sycamore Valley Specific Plan attached to this Resolution as Exhibit "A" are adopted. Adopted by the City Council of the City of Danville on J_~n~ary 5,_198~ , by the following vote: AYES: Lane, May,~ Mc Neely, Offenhartz, Schlendorf NOES: None ABSENT: None ATTEST: i CITY CLERK -2- AMEND~ENT TO SYCAMORE VALLEY SPECIFIC PLAN DATED December 15, 1983 The Sycamore Valley Specific Plan adopted on June 12, 1981 is amended by adding a new heading beginning on page 28 to read as follows: "Minor Subdivision Applications". Notwithstanding other provisions of this Specific Plan, the City of Danville may approve one minor subdivision application from each parcel owner within the Sycamore Valley Specific Plan area for division of property into not more than 2 parcels. Such a special application shall be filed before January 1 1986 with optional Council renewal on an annual basis thereafter, and approval is subject to the following conditions assuring contribution on a per lot basis toward major infrastructure improvements: (a) Per lot development fee contribution of $10,000 ± (to be adjusted for inflation) for area wide improve- ments, to be held by the City until such time as major development occurs within the Specific Plan areat. The development fee contribution is due at the time of buildinc permit issuance. The fees collected may be used for any project specified in the Sycamore Valley Specific Plan or amendments to it. The fee shall be committed within 10 years of the date of payment. If the fee is not so committed, the person who is owner of the property at the time refund is sought may, upon written application, receive a refund of the $10,000 including interest earned thereon, less administrative costs. (For these purposes, "committed" means the fees have been paid, encumbered by contract, or designated by any action of the City for a specific project.) Approved parcel maps shall contain the following note at recordation: "Note: This map is being filed without the imposition of fees, public improvement requirements and other conditions required or authorized to be imposed under the terms of the Sycamore Valley Specific Plan. The City of Danville will not issue building permits for lots or parcels created by this map. However, at the time the subsequent map is recorded or a building permit is issued for a lot or parcel created by this map, fees, public improvement requirements and other conditions authorized or imposed under the terms of the Sycamore Valley Specific Plan will be imposed as a condition to approval of the map or the issuance of a building permit. The City of Danville has determined that the imposition of conditions or requirements in the future is necessary because the failure to do so would place the residents of the subdivision or the immediate community or both in a condition perilous to their health or safety, or both, and the condition is required in order to comply with State law and applicable zoning ordinances· (b) Requirements for annexation to the sewer (Contra Costa County Sanitary District) and water (East Bay Municipal Utilities Districts) districts, and conditions relating to provisions for public water and sewer to the site when feasible (as to building permit issuance). This would assure contribution to major facilities and eventual hook-up in most cases when services are available. (c) Conditions relating to emergency vehicle access and water supply availability for fire fighting purposes to San Ramon Valley Fire District specifications. (d) Requirements for interim local drainage improvements to Contra Costa County Flood District specifications until such time as major drainage improvements can be accomplished. (e) Condition requiring owner(s) sign a petition for any assessment district proceeding in the future to construct improvements required by the Plan. (f) Payment of a fee to the San Ramon Valley Unified School District, to be collected by the District, to accomodate costs of PHASE TWO of the elementary school. (g) Any other reasonable condition of approval which may be appropriate for a specific parcel map proposal which conforms to the Sycamore Valley Specific Plan.