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HomeMy WebLinkAbout013-89 EXHIBIT A RESOLUTION NO. 13-88 A RESOLUTION OF THE DANVILLE TOWN COUNCIL AMENDING G.P.A. 85-2 FOR THE FOSTORIA WAY STUDY AREA, PURSUANT TO THE SAN RAMON/DANVILLE SETTLEMENT AGREEMENT. WHEREAS, Sections 65350 et seq. of the Government Code of the State of California prescribe the procedure for adopting and amending the Town's General Plan; and WHEREAS, a study of the Fostoria Way Area was initiated by the Town of Danville in 1985 in order to study land use alternatives which might exist for the study area; and WHEREAS, an environmental impact report for the Fostoria Way Study General Plan Amendment was prepared by the Town of Danville pursuant to the California Environmental Quality Act; and WHEREAS, The Town of Danville approved Resolution No. 20-86 on March 17, 1986, certifying review and consideration of a Final E.I.R., making findings with respect to significant impacts, and establishing mitigation measures for amendment of the general plan for the Fostoria Way Study Area, and WHEREAS, the Town Council approved Resolution 21-86 on March 17, 1986, adopting a general plan amendment (GPA 85-2) and initiating rezoning of the 66.6 acre Fostoria Way Study Area, and WHEREAS, pursuant to adopting of resolutions 20-86 and 21-86, the City of San Ramon initiated a legal challenge to these actions and sought to have said actions invalidated, and WHEREAS, the Town of Danville, the City of San Ramon and all of the real parties in interest to the lawsuit executed the "San Ramon/Danville Settlement Agreement" on December 19, 1986 in order to settle the litigation filed by the City of San Ramon, and WHEREAS, the San Ramon/Danville Settlement Agreement states in pertinent part on paragraph 8 of page 5 "To the extent required, amendment of G.P.A. 85-2 shall be recommended to delete paragraph 5 on page 2 thereof concerning the requirement for future traffic studies with regard to development projects in the Fostoria Way General Plan Area and to provide for other modifications, if any, as may be required by this Agreement and the Shilo/Castle and Danville agreements", and WHEREAS, in light of the traffic mitigation measures required by the San Ramon/Danville Settlement Agreement and Resolution 20-86, there is no need for further traffic studies on specific individual development projects within the Fostoria Way Study Area, and WHEREAS, The Town of Danville desires to comply fully with all of the terms and conditions of the San Ramon/Danville Settlement Agreement, and WHEREAS, the Danville Planning Commission on February 8, 1988 conducted a public hearing to consider the amendment of G.P.A. 85-2 and recommended to the Town Council that G.P.A. 85-2 be amended to delete paragraph 5 on page 2 thereof; and that WHEREAS, The Town Council has conducted a duly noticed public hearing to consider the amendment of G.P.A. 85-2 in accordance with Section 65090 of the California Government Code, and WHEREAS, the Town Council has considered all public testimony and information presented during the public hearing regarding the proposal, and WHEREAS, the Town Council has reviewed and considered the Final E.I.R. certified for G.P.A. 85-2, WHEREAS, NOW, THEREFORE, BE IT RESOLVED THAT THE TOWN COUNCIL OF THE TOWN OF DANVILLE HEREBY AMENDS G.P.A. 85-2 AS DESCRIBED IN EXHIBIT 2 OF THIS RESOLUTION PURSUANT TO THE FOLLOWING FINDINGS: 1. The Final E.I.R. for the Fostoria Way Study Area was completed in compliance with the California Environmental Quality Act (CEQA) and the State E.I.R. guidelines and prepared pursuant to section 15168 (a) (2) of the CEQA guidelines, as a "Program E.I.R."; and that the Program E.I.R. adequately describes the project for the purposes of CEQA; 2. Pursuant to section 15162 of the CEQA guidelines, no substantial changes in the project or in the circumstances under which the project is undertaken will occur which will either generate new significant environmental impacts or which will require important revisions to the E.I.R.; 3. Pursuant to sections 15168 (c) (2) and 15162 of the CEQA guidelines, no new effects could occur and no new mitigation measures could be required, and the proposed amendment to G.P.A. 85-2 has been recommended pursuant to the terms of the San Ramon/Danville Settlement Agreements and is within the scope of the "Program E.I.R."; ?, 4. That the deletion of paragraph 5 on page 2 of G.P.A. 85-2, eliminating the requirement for additional traffic studies is consistent with the San Ramon/Danville Settlement Agreement; 5. That the traffic mitigation measures identified in the San Ramon/Danville Settlement Agreement including contribution of the Shilo property and contribution of the first $300,000 in Commercial T.I.P. fees actually collected from development on the site to the Fostoria Way overpass project constitute Danville's total funding contribution for regional traffic impact mitigation for the Fostoria Way General Plan Amendment; and 6. The traffic mitigation measures required by resolution 20-86 (except mitigation measure 2.b. (IV) which is no longer necessary) and the mitigation measures required by the San Ramon/Danville Settlement Agreement eliminate the need for further traffic studies on specific individual development projects within the Fostoria Way Study Area. 7. That the proposed action has been recommended for approval by the Danville Planning Commission and is consistent with Planning Commission Resolution No. 88-2 (Exhibit 3). 8. The amendment of G.P.A. 85-2 for the Fostoria Way Study Area is in the public interest. PASSED, APPROVED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF DANVILLE, THIS 18th day of February , 1988 by the following vote: AYES: Greenberg, Kenneff, Lane, Ritchey, Schlendorf NOES: None ABSTENTION: None ABSENT: None ajcp13 EXHIBIT I 'Oenerel Open 11pece 'qF q- q ;,! · ' Clmlno Rimon a ~' · " ......- ..........~- ' ..........................·-_'i-, '- . IIInllle Femlly Reeldentlel . Medium Dencity (8-S d.g./ee.) i ',.'.i.-"i"i'-_- ......--- . ...... . ........: ... ........ ............................... Multiple F~; ly Relldentlel Medlu,, nllty _ ,,~ (10-2 1 - ./co.) ~) 'Commerolel c~ Camino Rimon Hllioher Wly . FOSTORIA WAY STUDY pA' . GENERAL PLAN AMENDMENT G 85-2 EXHIBIT 2. GENERAL PLAN AHENDMENT (GPA' 85-2) FOR THE FOSTORZA WAY STUDY AREA The General Plan Amendaent adopted through this action is as £ollowet .~ Single Family Residential - MediumDensityl 3-5 dwelling units per acre. This designation would apply to the northerly 385-470 feet of the site extending from ~te westerly boundary_ to a point approximately 1100 feet east of the dead and of Camino Ramon. At this point the Single Family designation would narrow to 250-290 feet then extending to the easterly '- boundary of the Podva property, including the per, ion of the Podva Property extending behind the existing single family homes. This area would include 22-24.5 acres and could yield from 60 to 112 dwellings depending on the ultimate width and density approved through the zoning (these figures do not apply density to the 2 acre northerly portion of the Podva Property). Multiple Family Residential - Medium Density 13-21 dwelling units per acre. - This designation would apply to the southeastern portion off the site (including the southerly 470± feet of the Podva Property) extending from the extension of Camino Ramon from the south to the easterly boundary o£ the Podva property. This area totals approximately 8 acres and could yield from 104 to 168 dwellings. ' c) Commercial This designation would apply to approximately 30 - 32 acres at the southwest portion of the site adjacent to I-S00 and Feeterie Way. It would include approximately $ acres for a hotel/motel development Ind 25 27.5 acres designated for destination colmercia1 d) ~nara1Opan Gpace This designation would apply to the area within the Southern Pacific Railroad right of way. f The adopted General Plan Alendment is predicated on adoption of conditional zoning to affect the followings a) Circulation: l) Camino Ramon should no~ be extended as a through street' to Crow Canyon Road, but should provide access to the single family and multiple family development on the. north and east portions of the Study Area directed ' northerly to Greenbrook Drive and Sycamore Valley Road. 2) Emergency vehicle access should be provided in one or Bore locations such that through access is provided for police and fire vehicles linking the northerly and "' southerly ends of Camino Ramon. Design of this emergency vehicle access shouldbe subject to review and approval by the police and fire agencies, preferrably having electronically controlled gates such that response times are not impacted Further, an easement shall be provided extending from Camino Ramon - on the north to FoeSofia Way at sufficient width for extension of Camino Ramon if desired at some point in the future. 3) A new overcrossing of X-680 at Foetoria Way should not '' be made a requirement of development of the Study Area " at thia time; and 4) The City and the various developers should cooperate with the City of San Ramon towards determining the optimum solution to cumulative traffic impacts. (An -- overcrossing at Fostoria Way is one alternative being considered.) v ~) Due to existing uncertainties regarding n .,-Sic improvements to address cumulative s~ approvals for the should not be g i)individual deve traffic studies which include mitigations, or -e. -- li) an comprehensive study has been - .eted which identifies oom~ traffic ~rovsments which are required. ~t o ~ b) Land Use 1) The northerly portion of the Podva property should not be developed, but should be held for future acquisition for uss in conjunction with the BPRR right-of-way or to be combined viSAS he existing single family lots on the west side. .o_ 2) Agricultural Preserve status should not be granted for ,. the Bore1 property. 3) The 1,8 acre parcel adjacent to 1-680 should be developed with a motel. 4) Preferred connercial uses on the site include the aforementioned motel and 'destination connarcialu uses .._ such as automobile dealers, automobile related products, large destination typs stores (Best, Simons, . _-_r Toys R Us, etc.) and other limilar stores which depend f' on the general publices knowledgs of their location l~hrough marketing efforts or repeat shopping. S) Residsntial uses shall bs separated from adjoining oommercial arsas by substantial landscape buffering.