HomeMy WebLinkAbout029-94RESOLUTION NO. 29-94
ADOPTING A NEGATIVE DECLARATION OF
ENVIRONMENTAL SIGNIFICANCE AND APPROVAL OF
PRELIMINARY DEVELOPMENT PLAN -
REZONING REQUEST PUD 94-01 KAUFMAN AND BROAD OF NORTHERN
CALIFORNIA- (APN 206-010-012)
WHEREAS, Kaufman and Broad has received approval of Preliminary Development Plan -
Rezoning request PUD 93-04 for a 181 unit townhouse project on a 10.3 +/- acre site;
and
WHEREAS, the subject site is located south of Center Way, east of Crow Canyon Road and
west of Tassajara Ranch Road, and north of Subdivision 7132, and is identified further as
a portion of Assessor's Parcel Number 206-010-012; and
WHEREAS, Kaufman and Broad has now requested approval of a Final Development Plan
- Vesting Tentative Map (DP 93-29/SD 7889) for 196 units, which includes units an
additional 1.0 +/-acre; and
WHEREAS, the Town of Danville's P-l; Planned Unit Development District requires
approval of a Preliminary Development Plan - Rezoning request to establish a Planned
Unit Development District; and
WHEREAS, A draft Negative Declaration of Environmental Significance was prepared for
this project; and
WHEREAS, the Town Council did review the project at a noticed public hearing on March
1, 1994; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Town Council approval
of the request; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted in writing and presented at the hearing.
RESOLVED that the Town Council of the Town of Danville grants a Negative Declaration
of Environmental Significance and approve Preliminary Development Plan - Rezoning
request (PUD 94-01) per the conditions contained herein, and makes the following
findings in support of this action:
PAGE ! OF RESOLUTION NO. 29-94
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The proposed project is consistent with the Danville 2005 General Plan.
The residential development will constitute a residential environment of sustained
desirability and stability, and will be in harmony with the character of the
surrounding neighborhood and community.
The development will mitigate off-site traffic and drainage impacts through the
assurance of off-site improvements in a manner acceptable to the Town.
There is no evidence before the Town that the proposed project will have potential
for an adverse effect on wildlife resources or the habitat upon which the wildlife
depends.
Approval of a Preliminary Development Plan for the subject 1.0 acre acknowledges
that the Town is concurrently processing a General Plan Amendment application
(GPA 93-01) proposing to develop the remaining two acres of this parcel for
commercial purposes. Additionally, that approval of the Preliminary Development
does not preclude extending the multiple family land use into all or a portion of
the remaining two acres.
Section 65584 of the Government Code authorizes the Association of Bay Area
Governments (ABAG) to calculate the 1ocality's share of the regional housing need,
expressed in a five year new housing allocation by income level. ABAG determines
the fair share allocation for Danville as 1,124 housing units for the very low, low,
and moderate income groups. Section 65583 (A)(6) of the Government Code
requires "analysis of any special housing needs...". Affordable housing will be
provided in this project: 5% of the 196 units (10 units) will be made available to
households earning 120-140% of the area's median income level; and 10% of the
housing units (20 units) will be made available to households earning 80-120% of
the area's median income level.
Contra Costa County adopted findings regarding the Environmental Impact Report
through adoption of the Board of Supervisors Resolution 85/133 and Planning
Commission Resolution 47-1984 (SR), which jointly served to establish mitigation
measures for impacts associated with the development for the project, and
a.
Pursuant to those mitigation measures, additional studies related to soils
and geology, and traffic have been completed identifying specific mitigation
measures which will be incorporated into the project, and
b.
Use of the prior EIR as a "Program EIR" is appropriate based on the
following:
(1) feasible mitigation measures and alternatives developed in the EIR for
PAGE 2 OF RESOLUTION NO. 29-94
the Dougherty Road Area General Plan Amendment Study have been
incorporated; (2) subsequent changes in the project, including a reduction
of units to allow retention of a greater section of Tassajara Creek as an open
channel, have been made to lessen project related impacts; (3) there have
not been substantial changes with respect to the circumstances under which
the project was initially reviewed which would require important revisions
of the prior EIR; and (4) no new information of substantial importance to
the project has become available which would require an additional or
supplemental EIR.
CONDITIONS OF APPROVAL
.
This development shall be subject to all applicable conditions of approval
for PUD 93-04, DP 93-29 and SD 7889.
APPROVED by the Danville Town Council at a regular meeting on March 1
by the following vote:
,1994,
AYES: Ritchey, Greenberg,
NOES: none
ABSTAIN: none
ABSENT: none
Doyle, Shimansky, Waldo
~R
APPROVED A _//S ~. O FORM:
~iTY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 29-94