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RESOLUTION NO. 17-89
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE APPROVING
A LAND CONSERVATION CONTRACT WITH ARMAND BOREL PERTAINING TO AN
APPROXIMATELY 17.2 ACRE SITE LOCATED ON THE NORTH SIDE OF FOSTORIA
WAY, EAST OF INTERSTATE 680 (APN: 218-090-014) PURSUANT TO THE
CALIFORNIA LAND CONSERVATION ACT, GOVERNMENT CODE SECTION 51200,
ET SEQ.
WHEREAS, Armand Borel, on behalf of himself, has filed the
following applications: 1) agricultural preserve request (APR 88-
1) to enter into a land conservation contract with the Town, 2)
rezoning request to rezone a parcel from P-l; Planned Unit
Development District to A-4; Agricultural Preserve District, and
3) variance request (VAR 88-46) to reduce the minimum agricultural
preserve size, minimum parcel size, and minimum side yard; and
WHEREAS, on January 23, 1989, the Danville Planning Commission
at a duly noticed public hearing considered the applications: and
WHEREAS, the Staff Report was submitted recommending that the
Planning Commission recommend that the Town Council approve the
applications; and
WHEREAS, the Planning Commission did hear and consider all
said reports, recommendations and testimony as herein set forth;
and
WHEREAS, at the above-noted hearing the Planning Commission
determined conformity with the California Land Conservation Act,
local ordinances, and the General Plan
WHEREAS, the Planning Commission recommended that Town Council
approve the application with conditions; and
WHEREAS, the application has been reviewed in accordance with
the provisions of the California Environmental Quality Act and a
Negative Declaration of Environmental Significance has been adopted
for this project, as it will have no significant impact on the
environment; and
WHEREAS, the Danville 2005 General Plan Policy 15.03
encourages the preservation of examples of the agricultural
heritage of the Danville; and
WHEREAS, on February 6, 1989 at a duly noticed public hearing,
the Town Council reviewed, considered and approved the Planning
commission's recommendations and determinations and introduced
Ordinance No. 89-3 rezoning the subject property to the A-4;
Agricultural Preserve District; and
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WHEREAS, at the above-noted hearing the Town Council
considered a draft form of the Land Conservation Contract;
NOW, THEREFORE, BE IT RESOLVED THAT pursuant to the rezoning of the
above-referenced property, the Town Council of the Town of Danville
authorizes entering into an agreement with Armand Borel as set
forth in the Land Conservation Contract attached hereto and
incorporated herein by this reference and authorizes the Mayor to
execute same on behalf of the Town of Danville. Said contract is
to take effect upon the last day of February, 1989.
PASSED, APPROVED AND ADOPTED this 6th day of February, 1989 by the
following vote:
AYES: GREENBERG, JAGGER, LANE, RITCHEY, SCHLENDORF
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
~YOR
ATTEST
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