HomeMy WebLinkAbout2010-04
ORDINANCE NO. 2010-04
APPROVING A DEVELOPMENT AGREEMENT BETWEEN ELWORTHY WEST
LLC AND THE TOWN OF DANVILLE PERTAINING TO THE PREVIOUSLY
APPROVED ELWORTHY RANCH PRELIMINARY DEVELOPMENT PLAN -
REZONING (PUD2005-02), FINAL DEVELOPMENT PLAN
(DP2005-20), AND MAJOR SUBDIVISION (SD 9009)
APPLICATION (ELWORTHY WEST LLC)
The Danville Town Council does ordain as follows:
SECTION 1. PURPOSE AND FINDINGS.
A. On July 1, 2008, the Danville Town Council adopted Resolution No. 81-2008,
certifying a Final Environment Impact Report, approving Major Subdivision
request SD 9009 and Final Development Plan Request DP 2005-20. On July 15,
2008, the Danville Town Council adopted Ordinance No. 2008-06, approving
Preliminary Development Plan-Rezoning request PUD 2005-02.
B. These two actions by the Town Council approved a 96-unit housing project on 12
acres of the 459 acre Elworthy Ranch property, with the remaining acreage on the
property to remain undeveloped.
C. The property owners of the Elworthy West project have proposed entering into a
Development Agreement with the Town. The Town Council finds that the
proposed Development Agreement is consistent with the Town of Danville 2010
General Plan.
D. The Town's Planning Commission reviewed the proposed Development
Agreement on March 30,2010 and recommended the Town Council approve the
Agreement.
E. The Planning Commission and Town Council both conducted public hearings on
the proposed Development Agreement after providing notice as required by
Government Code Section 65867.
SECTION 2. APPROVAL OF DEVELOPMENT AGREEMENT.
The Danville Town Council hereby approves the Elworthy Ranch Development
Agreement, a copy of which is attached hereto as Exhibit 1 and incorporated herein by
this reference.
SECTION 3. PUBLICATION AND EFFECTIVE DATE.
The City Clerk shall have a summary of this ordinance published twice in a newspaper
of general circulation, once within five (5) days before its adoption and once within 15
(fifteen) days after adoption. This ordinance shall become effective 30 days after
adoption.
The foregoing Ordinance was introduced on May 4, 2010 and approved and adopted by
the Danville Town Council at a regular meeting held on May 18, 2010, by the following
vote:
~){ES: Doyle, Stepper, Andersen, Arnerich, Storer
NOES: None
~BST~IN: None
~BSENT: None
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~PPROVED ~S TO FORM:
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CITY ATfORNEY J
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CLERK'S CERTIFICATE
I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is
a true and accurate copy of Ordinance No. 2010-04 of said Town and that said
ordinance was published according to law.
Dated: $ !to
I
City Clerk ot t
Town of Danville
PAGE 2 OF ORDINANCE NO. 2010-04