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HomeMy WebLinkAbout019a-93RESOLUTION NO. 19a-93 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF DANVILLE DENYING GENERAL PLAN AMENDMENT GPA 92-03 AND PRELIMINARY DEVELOPMENT PLAN PUD 92-04 (APN: 196-320-004) WHEREAS, Randolph Finn et. al. have requested approval of a General Plan Amendment to amend the Town of Danville General Plan Land Use Map from Single Family - Medium Density (3-5 units/acre) to Multiple Family - Low Density (7-12 units/acre) on a 1.9 +/- acre site; and WHEREAS, the subject site is located on the northeast corner of Diablo Road and Hill Road, at 1008 Diablo Road and is identified as Assessor's Parcel Number 196-320-004; and WHERF~S, the Town of Danville General Plan provides for amendments to the General Plan upon the showing of sufficient cause; and WHEREAS, the Town Council of the Town of Danville authorized a General Plan Amendment study for the area at the Town Council meeting of November 19, 1991; and WHEREAS, the Planning Commission of the Town of Danville did discuss, identify concerns, and provide direction for the project at a special study session on March 10, 1992; and WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been prepared for the project indicating that, as amended through project modification or Conditions of Approval, no significant environmental impacts are expected to be associated with the project; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on December 8, 1992; and WHEREAS, a staff report was submitted recommending that Planning Commission recommend that the Town Council approve the request with a maximum of 16 units; and WHEREAS, the Planning Commission of the Town of Danville adopted Resolution No. 92- 41 recommending approval of the request with a maximum of 16 condominium units; and PAGE 1 OF RESOLUTION NO. 19-93 WHEREAS, prior to the Town Council hearing on the project, the applicant requested that the public hearing on the item be continued to allow the development of an alternate, reduced density, development plan for the site; and WHERF~S, in continuing the public hearing on the project, the Town Council directed that the alternate plan for the site must first be reviewed, and a recommendation forwarded, by the Planning Commission; and WHERF~S, at their meeting of February 23, 1993 the Planning Commission of the Town of Danville did review and consider the alternate Preliminary Development Plan which features a 12 unit duet project for the site; and WHEREAS, at this meeting the Planning Commission did deny the request for the development of a 12 unit duet project on the site and subsequently adopted Planning Commission Resolution No. 93-07 recommending the Town Council approve a maximum of 8 dwelling units on the site; and WHEREAS, the Town Council of the Town of Danville did review the project at a noticed public hearing on March 2, 1993; and WHERF~S, the subject General Plan Amendment request is accompanied by a Preliminary Development Plan - Rezoning request (PUD 92-04) concurrently considered by Town Council Ordinance No. 93-02; and WHEREAS, the public notice of this action was given in all respects as required by law; now, therefore, be it RESOLVED, that the Town Council of the Town of Danville denies the General Plan Amendment request (GPA 92-03) and Preliminary Development Plan - Rezoning Request (PUD 92-04) and makes the following findings in support of this denial: 0 The General Plan Amendment is not consistent with the Goals and Policies of the General Plan. . The General Plan Amendment will adversely affect the preservation of present aesthetics and other community qualities. . The General Plan Amendment will adversely affect the quality of life within existing developed areas of the community. PAGE 2 OF RESOLUTION NO. 19-93 . The proposed Rezoning will not be consistent with the Town of Danville General Plan as the proposed General Plan Amendment for the site is concurrently denied. . The uses authorized or proposed in the !and use district are not compatible within with uses authorized in adjacent districts. APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, March 2, 1993 by the following vote: AYES: NOES: LANE ABSTAIN: NONE ABSENT: NONE SHIMANSKY, RITCHEY, DOYLE, GREENBERG t MAYOR APPROVED AS TO FORM: ATTEST: ~/ CITY ATTORNEY adcz19 CITY CLERK PAGE 3 OF RESOLUTION NO. 19-93