HomeMy WebLinkAbout032-03RESOLUTION NO. 32-2003
APPROVING A REQUEST FOR AUTHORIZATION TO INITIATE A GENERAL
PLAN AMENDMENT STUDY FOR ELWORTHY, INC. (APPLICANTS) AND HERB
AND JEAN ELWORTHY/BOB ELWORTHY (OWNERS) INVOLVING A 448-ACRE
PROPERTY, COMMONLY REFERRED TO AS THE ELWORTHY WEST
PROPERTY, LOCATED ON THE WEST SIDE OF INTERSTATE 680,
APPROXIMATELY ONE MILE SOUTH OF THE SAN RAMON VALLEY
BOULEVARD/SYCAMORE VALLEY ROAD INTERSECTION
(ASSESSOR'S PARCEL NUMBERS 208-230-020; -021; AND -030 THROUGH -033)
WHEREAS, Elworthy, Inc., has requested authorization to initiate a General Plan
Amendment Study (GPA Study) to consider the merits of modifying the land use
designation for some, or all, of the portions of the 448-acre Elworthy West property
situated within the corporate boundaries of the Town of Danville; and
WHEREAS, the property is further identified as Assessor's Parcel Numbers 208-230-
020; -021; and -030 through -033; and
WHEREAS, the southwestern 110+/- acres of the property are situated outside the
Town boundaries, lying within the unincorporated portion of Contra Costa County and
outside the Contra Costa County's current Urban Limit Line; and
WHEREAS, the subject property has a Public and Open Space - Agricultural general
plan land use designation in the Danville 2010 General Plan; and
WHEREAS, while the property was previously under Williamson Act contract, the
property owners filed a notice of non-renewal and the property came out of agricultural
preserve in March, 2000; and
WHEREAS, the property has been identified in the Danville 2010 General Plan as a
Special Concern Area ("Elworthy/Podva Special Concern Area"); and
WHEREAS, to accommodate the applicant's proposal to develop the property with
residential uses, the applicant will pursue a change of the property's general plan land
use designation to one or more of the Town's residential general plan land use
designations (e.g., Residential - Single Family - Low Density designation, 1 - 3 units per
acre; Residential - Multiple Family - Low Density designation, 7 - 12 units per acre;
etc.) through the GPA Study request; and
WHEREAS, in response to the desires of the applicant, part of the GPA Study request
may include consideration of the merits to change the land use designation of portions
of the property to accommodate commercial uses and/or public recreational uses; and
WHEREAS, current zoning and General Plan land use designations for the subject
property do not allow the residential, commercial and/or public recreational uses
proposed by the applicant; and
WHEREAS, the Town of Danville requires Town Council authorization to initiate GPA
Studies; and
WHEREAS, the Town Council did consider the applicant's request at a public hearing
on April 1, 2003; and
WHEREAS, the Town Council did hear and consider all reports, recommendations, and
testimony submitted h~ writing and presented at the hearing; now, therefore, be it
RESOLVED, that the Danville Town Council concurs with the recommendation of staff
and authorizes the initiate GPA Studyf and, be it further
RESOLVED, in recognition of the number and complexity of development issues
identified in the Elworthy/Podva Special Concern Area discussion in the Danville 2010
General Plan associated with this property, the applicant is directed to expand their
intended application submittal to cover both the GPA Study request and the associated
Preliminary Development Plan - Rezoning application; and, be it further
RESOLVED, this expanded application submittal is directed to occur to allow the
development review process for the project to adequately identify and address
development opportunities and constraints associated with this property; and, be it
further
RESOLVED, the applicant is directed to prepare and submit preliminary plans for the
Preliminary Development Plan - Rezoning applicant to show project grading, lot
layout, circulation, drainage, landscaping, geotechnical mitigation measures,
hydrology, etc. of adequate detail to address the development issues identified in the
Elworthy/Podva Special Concern Area discussion in the Danville 2010 General Plan;
and, 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; and, be it further
RESOLVED, the Elworthy West Property is one of the properties affected by Measure
S, the Danville Open Space Preservation Initiative, imposing a requirement that any
General Plan Amendment action leading to a change in the property's land use
PAGE 2 OF RESOLUTION NO. 32~2003
designation to a residential designation needs ratification by the voters (or by a 4/5ths
vote of the Town Council where certain findings can be made) before }he. general plan
amendment approval would become effective.
APPROVED by the Danville Town Council at a regular meeting on April 1, 2003 by the
following vote:
AYES: Shimansky, Doyle, Greenberg,
NOES: Arnerich
ABSTAIN: None
ABSENT: None
Stepper
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
PAGE 3 OF RESOLUTION NO. 32-2003