HomeMy WebLinkAbout039-2016RESOLUTION NO. 39-2016
RESCINDING AND SETTING ASIDE TOWN COUNCIL RESOLUTION NO. 60-
2013, WHICH CERTIFIED A FINAL ENVIRONMENTAL IMPACT REPORT AND
APPROVED PRELIMINARY DEVELOPMENT PLAN -REZONING REQUEST
LEG10-0004, MAJOR SUBDIVISION REQUEST DEV10-0071, FINAL
DEVELOPMENT PLAN REQUEST DEV10-0072 AND TREE REMOVAL REQUEST
TR10-0028 (APN: 202-050-071, -073, -079, -080, 202-100-017, -019, -038, -040, 215-040-
002-SUMMERHILL HOMES)
WHEREAS, on June 18, 2013, the Danville Town Council adopted Resolution No. 60-2013,
certifying a final environmental impact report and approving Preliminary Development
Plan -rezoning request LEG10-0004, major subdivision request DEV10-0071, Final
Development Plan request DEV10-0072 and tree removal request TR10-0028 (APN: 202-
050-071, -073, -079, -080, 202-100-017, -019, -038, -040, 215-040-002-SummerHill Homes); and
WHEREAS, the final environmental impact report ("FEIR") and land use entitlements
authorized through Resolution No. 60-2013 approved a 69 -lot subdivision on a 410 acre site
located on the south side of Diablo Road and Blackhawk Road extending approximately
two miles east from the intersection of Diablo Road/ Green Valley Road/ McCauley Road;
and
WHEREAS, a lawsuit was filed by Save Open Space -Danville (Contra Costa County
Superior Court No. MSN 13-1151) challenging the adequacy of the FEIR and consistency of
the project with the Town's General Plan; and
WHEREAS, on August 18, 2014, the Superior Court issued a Final Judgment and
Peremptory Writ of Mandate, finding that the FEIR analysis of potential impacts on bicycle
safety was inadequate and that rezoning the property to P-1 was inconsistent with the
General Plan; and
WHEREAS, the Town and Real Parties in Interest filed an appeal with the California Court
of Appeal; and
WHEREAS, on September 11, 2015, the Court of Appeal issued its opinion, reversing the
trial court by finding that the project approvals were in fact consistent with the General
Plan but affirming that the FEIR analysis of potential project impacts on bicycle safety was
inadequate; and
WHEREAS, on March 17, 2016, the Contra Costa County Superior Court approved a
modified final judgment to reflect the Court of Appeal's reversal of the prior ruling on
general plan consistency and left in place the original Peremptory Writ of Mandate; and
WHEREAS, in order to comply with the writ, the Town is required to set aside and rescind
the project approvals; now, therefore, be it
RESOLVED that the Danville Town Council hereby sets aside and rescinds its approval of
Resolution No. 60-2013, including the certification of the final environmental impact report
and the land use entitlements approved through that resolution.
APPROVED by the Danville Town Council at a regular meeting on April 19, 2016 by the
following vote:
AYES: Arnerich, Doyle, Morgan, Stepper, Storer
NOES: None
ABSTAIN: None
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
AYOR
• mmr+n m.
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