HomeMy WebLinkAbout096-95RESOLUTION NO. 96-95
APPROVING A MITIGATED NEGATIVE DECLARATION
OF ENVIRONMENTAL SIGNIFICANCE
(APN: 206-010-050 - KAUFMAN AND BROAD)
WHEREAS, Kaufman and Broad of Northern California has requested approval of a
Preliminary Development Plan - Rezoning request (PUD 95-01) and Final Development Plan -
Major Subdivision request (SD 7955) to rezone a property from P-l; Planned'Unit
Development District to a new P-l; Planned Unit Development District arid to subdivide the
property to allow for a site specific 40 unit Townhouse development on a 5 +/- acre site; and
WHEREAS, the subject property is identified as Parcel B of Minor Subdivision MS 860-90,
being on the south side of Camino Tassajara, east of Center Way, across the creek and south
of the SpeeDee Lube service facility and is further identified as Assessor's Parcel Number 206-
010-050; and
WHEREAS, the Planning Commission did review the project and the associated Mitigated
Negative Declaration of Environmental Significance at noticed public hearings on April 25,
1995, and on May 9, 1995 and adopted Resolution No. 95-11 recommending the Town
Council approve the project and the Mitigated Negative Declaration; and
WHEREAS, the Town Council of the Town of Danville did review the project during a noticed
public hearing on June 20, 1995; 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 approve the
request; and
WHEREAS, a Mitigated Negative declaration of Environmental Significance has been prepared
for the project indicating that, as modified through project revision or conditions of approval,
no significant environmental impacts are expected to be associated with the project; and
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 adopts a Mitigated Negative
Declaration of Environmental Significance and makes the following findings in support of this
action:
.
The previously certified EIR prepared for the Dougherty Road Area General Plan
Amendment fully discussed potential impacts associated with development of the
Tassajara Ranch property satisfying the requirements of the California Environmental
Quality Act based on the following specific findings.
PAGE 1 OF RESOLUTION NO. 96-95
a.
Contra Costa County adopted findings regarding the Environmental Impact
Report through adoption of Board of Supervisors Resolution 85/133 and
Planning Commission Resolution 47-1984 (SR) including mitigation measures
for the project,
b.
Pursuant to these mitigation measures, additional studies related to soils and
geology, and traffic have been completed identifying specific mitigation, and
C.
Use of the prior EIR as a "Program EIR" is appropriate based on the following:
(1) that feasible mitigation measures and alternatives developed in ihe EIR for
the Dougherty Road Area General Plan Amendment have been incorporated;
(2) that subsequent changes in the project including relocating the proposed
community park site, and the addition of two commercial acres along Crow
Canyon Road, do not require important revisions of the prior EIR; (3) that
there has not been substantial changes with respect to the circumstances under
which the project is undertaken which 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 EIR.
.
The actual amount of commercial and residential development (22.5 acres and
815 units) in the area is a reduction from the originally approved twenty seven
acres of commercial and 850 residential units which were used as the basis for
the previously certified EIR.
.
Additional potentially environmental impacts for this specific Final Development
Plan have been mitigated through project modifications. As amended through
conditions, no significant impacts are anticipated to be associated with the
project.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, June 20,
1995, by the following vote:
AYES: Greenberg,
NOES: Doyle
ABSTAINED: None
ABSENT: None
Ritchey,
Shimansky, Waldo
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
ACTING CITY CLERK
PAGE 2 OF RESOLUTION NO. 96-95
