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HomeMy WebLinkAbout217-90RESOLUTION NO. 217-90 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE AUTHORIZING THE INITIATION OF A GENERAL PLAN AMENDMENT STUDY INVOLVING THE 458 +/- ACRE ELWORTHY RANCH HOLDING WITH 327 +/- ACRES OF SAID PROPERTY LYING WITHIN THE TOWN LIMITS (IDENTIFIED AS ASSESSOR PARCEL NUMBERS APN 208-230-020,-021,-030, AND -031) AND WITH 30 +/- ACRES LYING OUTSIDE THE TOWN BOUNDARIES AND WITHIN THE ADOPTED SPHERE OF INFLUENCE OF THE TOWN OF DANVILLE (IDENTIFIED AS ASSESSOR PARCEL NUMBERS APN 208-230-032 (ptn.) AND -033 (ptn.)) (HERB AND ROBERT ELWORTHY(O) / M. DAVID KELLY & DONALD W. HALL (A)) WHEREAS, William A. Falik, of the Law Offices of Miller, Starr & Regalia, representing David Kelly and Don Hall, optionees of the Elworthy Ranch property (owned by Herb and Robert Elworthy), has submitted a request for authorization to initiate a General Plan Amendment Study for the 458 +/- acre Elworthy Ranch site, of which a 327 +/- acre portion lies within the current Town of Danville boundaries and a 30 +/- acre portion lies outside the Town boundaries and within the adopted sphere of influence for the Town, with the remainder lying in the unincorporated boundaries of the County of Contra Costa, being within the adopted Sphere of Influence for the City of San Ramon; and WHEREAS, the subject site is located at the southwest portion of the Town, fronting 2,500 +/- feet along the west side of San Ramon Valley Blvd., adjoining and north of the California Chateau Planned Unit Development (Kaufman and Broad); and WHEREAS, the portion of the property located within the Town limits is identified in the Danville 2005 General Plan for Public & Open Space - Agricultural use, reflecting the site's participation in the Agricultural Preserve Contract program (a notice for non-renewal has been submitted and processed with both the Town and the County); and WHEREAS, the portion of the property located outside the Town limits and within the adopted sphere of influence is identified in the Danville 2005 General Plan for Public & Open Space - General Agricultural use; and WHEREAS, the property owners and project proponents have requested that the Town of Danville consider a General Plan Amendment to accommodate a residential development of a presently undefined density and location on the subject property; and WHEREAS, the property's size, location, topographic conditions, and relationship to surrounding properties (both vacant and developed) establish it as one of the most developmentally sensitive properties on the west side of the Town; and WHEREAS, Attachment C of the October 16, 1990 administrative staff report prepared for this item provided a preliminary list of pertinent General Plan Goals and Policies that would come into play with the review of any development proposal affecting the property; and PAGE 1 RESOLUTION 217-90 WHEREAS, the Town of Danville requires Town Council authorization prior to the initiation of General Plan Amendment Studies; and WHEREAS, the Town Council did consider the project proponent's request as an Administrative Staff Report Item at their meeting on October 16, 1990; and WHEREAS, said item was noticed in all respects as required by law (including a "courtesy" mailed notification to all Danville property owners lying within 300' of the subject property); and WHEREAS, a staff report was submitted recommending that the Town Council take the following actions; 1. Authorize the initiation of a General Plan Amendment Study. . Direct the project proponents to fund an independent "third party" soils and geotechnical consultant review of the preliminary soils and geotechnical information, if deemed necessary by staff during the Plan review process. . Direct the project proponents to fund an independent "third party" consultant review of the alternate land use plan (or plans), if deemed necessary by staff during the Plan review process. . Direct the project proponents to prepare and submit special supplemental graphic and written background information delineating current site conditions as regards the following; a. Topographic Mapping showing areas of soil creep, landslide deposits (active and dormant), groundwater seepage and/or springs, and the Calaveras Seismic Fault Zone. b. Natural Setting Mapping delineating tree cover, riparian corridors, existing ponds, existing structures and existing areas of paving. C. Slope Analysis Mapping (indicating slope categories and the corresponding acreage totals for the following natural slope gradients; less than 10%, 10% -20%, 20% - 33%, and 33% or greater). d, Utility Survey Mapping showing the limits of urban services to the site (EBMUD, CCCSD, PG&E, etc.). e. Expanded Tree Survey indicating tree type, size and location of trees within the proposed development zones. f. Storm Drainage Mapping showing existing facilities and drainage and sub-drainage areas (indicating acreage and 10-year and 100-year runoff volumes). . Direct the project proponents to fund the preparation of an utility plan to address the logical service extensions / improvements to serve the subject property and the surrounding undeveloped and underdeveloped properties. PAGE 2 RESOLUTION 217-90 WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Danville concurs with the recommendations of staff, as cited above and as outlined in additional detail in the staff report prepared for this item dated October 16, 1990. BE IT FURTHER RESOLVED THAT the Town Council of the Town of Danville directs staff and the project proponents to considered and address the Goals and Policies pertinent to the site's development, as summarized in Attachment C of the October 17, 1990 staff report for this item. BE IT FURTHER RESOLVED THAT in authorizing the initiation of the above mentioned General Plan Amendment Study, the Town Council is not indicating any predisposition to approve the requested General Plan Amendment. APPROVED by the Danville Town Council at a Regular Meeting on October 16, 1990 by the following vote: AYES: NOES: ABSTAINED: ABSENT: MAYOR ATTEST: CITY CLERK CITY ATTORNEY elwrthy.res PAGE 3 RESOLUTION 217-90 ATTACHMENT C SUMMARY OF PERTINENT GENERAL PLAN GOALS AND POLICIES (EXCERPTS FROM THE DANVILLE 2005 GENERAL PLAN) COMPREHENSIVE GENERAL PLAN GOAL (from Danvflle 2005 General Plan): GOAL i Reinforce the small town view of life as perceived by Danville residents, preserving present aesthetics and other community qualities. GOAL 2 Couple orderly and appropriate growth in Danville with the ability to maintain high-quality public facilities and services. GOAL 3 Protect the quality of life within developed areas of the community. existing GOAL 4 Achieve harmony between Danville's development and it's physical setting by protecting natural resources, avoiding development of hazardous areas, and preserving critical open space areas. Urban Development: Goal 1 Assure that future development complements Danville's existing small-town character and established quality of life in a manner commensurate with established municipal service standards. Policy 1.03 Require that new development be consistent with the scale, appearance, and small-town character of Danville. Policy 1.10 Consider the cumulative effects of development throughout the planning process. Policy 1.11 Couple urban development with the Comprehensive Goal of preservation of land for open space uses in appropriate areas. Policy 1.12 Protect existing residential areas from intrusion of incompatible land uses and disruptive traffic to the extent reasonably possible. Policy 1.14 Evaluate the fiscal impacts of development as part of the land use planning process to assure that new development does not reduce standards or increase the burden upon existing residents of the Town. Policy 1.17 Accept General Plan Amendment applications or _1 development applications for lands under Agricultural Preserve Contract only after a Notice of Non-Renewal has been filed. Policy 2.04 Re-evaluate and seek redesignation of Danville's Planning Area and Sphere of Influence to insure maximum control over land use decisions which directly affect the existing community. Communlt¥ Design: Goal 3 Integrate new development visually and functionally in a manner compatible with the physical character and desired image of the community. Policy 3.02 Preserve the visual qualities of the community by restricting development on significant scenic ridges and by preserving significant stands of trees. Policy 3.05 Design public and private improvements to avoid removing mature trees and/or other scenic features where possible. Policy 3.06 Protect the visual qualities of designated scenic routes by reviewing projects proposed with respect to their visual impacts. Policy 3.07 Achieve a high standard of residential design through project review and approval for all new residential developments. Inter-Governmental Coordination: Goal 6 Promote a coordinated approach to planning and development review in the San Ramon Valley and its environs that includes a regional perspective and intergovernmental coordination, while maintaining control of decision-making within the Town boundaries and exerting maximum influence on land use decisions In surrounding areas. Policy 6.02 Seek to Extend Danville's Sphere of Influence to reflect the community's long term interests, as well as the likely extension of urban services. Policy 6.03 Work closely with other governmental agencies, district, and utility companies in monitoring current and projected levels of service to assure that present needs are met and that adequate capacity is available for future development. z_ Civic and Community Facilities: Policy 7.01 Require new development to pay its fair share of the cost of new civic and community facilities, based upon the impacts which may be attributed to that development. Policy 7.11 Encourage the development of quality childcare and preschool facilities in appropriate locations, especially in conjunction with park and private common areas, school, and church facilities. Infrastructure: Goal 8 Ensure that local water supply, storm drainage, sewerage, streets, and similar facilities are maintained, improvements meet existing and future needs, and land use decisions are contingent on the adequacy of such facilities and maintenance. Policy 8.02 Coordinate all infrastructure construction, particularly the extension of sewer and water service, to assure consistency with the General Plan. Policy 8.05 Assure that the costs of upgrading and constructing public facilities needed to serve new development shall be the responsibility of the developers and not existing residents. Policy 8.06 Discourage private infrastructure (such as private roads) and enclave created by such facilities. improvements communities Parks, Recreation, and Open Space: Goal 9 Provide a full range of public park, cultural, art, and recreation facilities that are efficient, convenient to users, appropriately distributed throughout the community, and that reinforce community identity. Policy 9.02 Emphasize the acquisition and development of new park and recreation facilities until the Parkland and Recreation Facility Service Standards are achieved. The Town shall seek a balance between active and passive recreation facilities. Policy 9.10 Encourage the development of appropriate creekside areas for recreation and other public uses consistent with public safety and neighborhood security. 3 Goal 10 Policy 10.01 Policy 10.02 Policy 10.03 Policy 10.04 Policy 10.08 circulation: Goal 11 Policy 11.01 Policy 11.03 Policy 11.05 Policy 11.06 Goal 13 Develop a comprehensive and coordinated park and recreation facility network that visually reinforces the natural character of the community and integrates unique historic and cultural resources, open space areas, and creeks and trails. Participate with neighboring communities, Contra Costa County, East Bay Regional Parks District, the East Bay Municipal Utilities District, and other local agencies to establish a coordinated trail system. Assemble open space areas from contiguous parcels to the extent possible to minimize management problems and increase public access. Provide adequate access points and an inter- connecting trail system linking local park and recreation facilities to each other and to regional and state parks. Public access easements shall be provided to designated open space areas and along creeks and steams, where appropriate. Cooperate with the EBRPD and other agencies in developing public access to staging areas for regional parks adjacent to Danville. Provide for safe and efficient vehicular movement on Town of Danville streets. Coordinate planning of future arterial streets and major collectors in concert with existing and future land uses in Danville. Achieve an operating level of service at min-range "D" or better, on arterials, collectors, and intersections during the peak hours. Maintain a balance between land use development and the capacity of the transportation system. Emphasize control of access on arterial streets and separation of school, park, and other activity areas. Minimize the intrusion of through traffic on residential streets. 4-- Policy 13.02 Improve major collectors and arterials to a high level of service in order to minimize through traffic on residential streets. Natural & Historical Resources: Goal 15 Preserve unique natural, cultural, and historical resources for future generations and maintain high levels of environmental quality. Policy 15.01 The Town shall seek to preserve natural habitat areas that support wildlife, particularly large contiguous areas of open space and the riparian habitat along creeks. Policy 15.02 The Town shall seek to preserve examples of the agricultural and ranch heritage of Danville. Policy 15.03 Maintain open space areas in agricultural use where appropriate. Policy 15.04 Protect agricultural areas from trespassing and vandalism, and by requiring effective fencing and adequate buffering between agricultural and urban land uses. Policy 15.06 Identify and catalog buildings and sites of potential historical significance and consider the implementation of a Historic Preservation Program utilizing public funding as appropriate. Policy 15.07 The creation of buffer areas and effective fencing shall be the responsibility of proposed urban land uses. Such buffers and fencing shall be maintained by a Homeowner's Association or other suitable organization in a manner which assures that the urban property owners assume full responsibility for potential impacts upon adjacent agricultural uses. Goal 16 Provide for the highest standards of environmental protection while planning orderly community development. Policy 16.04 Assure the protection of rare and endangered plant and animal species and encourage the retention and reestablishment of native vegetation in all private development projects and public facility construction projects. --5 Geologic Hazard: Goal 17 Minimize the risks to lives and property due to earthquakes and associated seismic activity. Policy 17.01 Recognize local seismic risks and incorporate earthquake protection measures into the Development Review Process. Earthquake protection measures may include detailed geologic investigations adequate building setbacks from know active faults, and special structural requirements for buildings and other facilities in seismic hazard areas. Policy 17.03 Goal 18 Policy 18.01 Policy 18.02 Policy 18.03 Fire Hazard: Goal 19 Policy 19.01 Design new roads, bridges, and utility lines that cross an active fault trace in a manner which assures only minor damage and allows quick restoration of service following earthquake damage. Minimize the risks to lives and property, and public liability due to landslides and other non- seismic geologic hazards. Require Geologic Hazard Investigations for all projects proposed in areas with average cross- slopes in excess of 15 percent and/or slopes with known geologic hazards. Assure that development in these area mitigates potential landslide hazards. For major residential subdivisions, development on slopes of 30 percent or greater shall be prohibited. For individual single family residences development on areas greater than 20 percent slope may be permitted only with minimal grading and excellent hillside design. Require that roads constructed in hillside areas be engineered to standards that prevent excessive maintenance and repair costs. Prevent catastrophic fires and minimize the loss of property and life due to fire hazards in Danville. Require safe roofing and other fire prevention standards for development in high fire hazard areas by adopting a Fire Safe Roofing Ordinance, in coordination with the San Ramon Valley Fire Protection District. _6 Flood Hazard~ Goal 20 Policy 20.01 Policy 20.03 Policy 20.04 elwrthy.g-p Reduce the potential for flooding and minimize the risks to life and property resulting from flooding that does occur in Danville. Take all appropriate steps in the Development Review Process to protect life and property from flooding and erosion along local creeks. Cooperate with the County Flood Control and Water Conservation District in watershed evaluations and projects intended to reduce flood hazards. Work in conjunction with County Flood Control to maintain a natural creek setting to the extent possible while providing for adequate drainage capacity. Creeks should be retained in their natural state whenever possible to maintain water quality, wildlife diversity, aesthetic values, and recreational opportunities. ?_