HomeMy WebLinkAbout102020 WENTER, BRYAN - MILLER STARR REGALIA
1331 N. California Blvd. T 925 935 9400
Fifth Floor F 925 933 4126
Walnut Creek, CA 94596 www.msrlegal.com
Bryan W. Wenter, AICP
Direct Dial: 925 941 3268
bryan.wenter@msrlegal.com
October 19, 2020
VIA E-MAIL
Mayor Karen Stepper
Town of Danville
Danville Town Office
510 La Gonda Way
Danville, CA 94526
E-Mail: kstepper@danville.ca.gov
Re: October 20, 2020 Town Council Agenda Item 7.2; Tassajara Parks
Project
Dear Mayor Stepper and Honorable Members of the Town Council:
On behalf of our client, FT Land, LLC, we write to briefly address item 7.2 on the
October 20, 2020 agenda regarding the Tassajara Parks Project.
and
recommends adoption of a resolution opposing the Project but does not appear to
al that
they have resulted in early favorable feedback from a range of important
stakeholder entities. Similar to at least one other notable project the Town has
recently approved, we believe these benefits warrant affirmative consideration by
the Town of Danville and outweigh any of the issues that could support adopting the
resolution.
If the Agreement Regarding Preservation and Agricultural Enhancement in the
is adopted and the Project approved, the Project will
provide many public benefits, including all of the following:
permanently preserve approximately 727 acres of land in the Tassajara
Valley (approximately 94% of the project site) for non-urban uses such as
recreation, open space, agriculture, grazing, scenic, wetland preservation
and creation, and habitat mitigation-
twice as much open space as at Magee Preserve;
provide an irrevocable dedication of at least $4M to an agricultural
enhancement fund established by the County to support, develop, and
implement a broad array of policies, programs, and other actions intended
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Offices: Walnut Creek / San Francisco / Newport Beach
Mayor Karen Stepper
October 19, 2020
Page 2
to enhance agriculture and to preserve open space, wetlands, parks, and
other non-urban uses in the Tassajara Valley;
construct off-site improvements on the adjacent Tassajara Hills Elementary
School parking lot/entrance to improve existing parking and circulation
deficiencies, particularly during drop off and pick up times;
dedicate to East Bay Regional Park District and construct a
pedestrian staging area;
dedicate to EBRPD an equestrian staging area;
dedicate to EBRPD and construct an approximately 4,880 linear foot
natural surface trail between the two staging areas; and
offer for dedication to the San Ramon Valley Fire Protection District an
approximately 7-acre parcel for potential future public use.
County staff have described the growth-deterring components of the Project, such
as the dedication of approximately 727 acres to EBRPD, as creating
along approximately 1.5 miles of the
preclude opportunities for future ULL expansions in this area of the County.
Creating a permanent ULL is objectively a major strength of the Projectmuch
that exists in this area today and could expire and
not be extended by the voters. All by itself this benefit warrants affirmative
consideration by the Town, if not support; and at a minimum it serves as a major
argument against adoption of a resolution opposing the Project.
While the staff report notes that several groups have expressed opposition to the
Project (i.e., Greenbelt Alliance, Sierra Club, and the Tassajara Property Owners), it
does not mention the support provided by County staff, Save Mount Diablo, and
EBRPD, each of which possesses a deep and well-seated interest in and
understanding of these complicated issues. Save Mount Diablo has been a strong
including the project open space and
dedication to East Bay Regional Park District, which will help strengthen the Urban
Limit Line, the Ag Enhancement Area MOU, and the Ag Enhancement Fund of
$4 million.
In recommending approval of the Project, County staff explained that it:
will be consistent with applicable goals and policies of the General Plan, and
also with the intent of the proposed P-1 district
will play a significant role in protecting open space areas and deterring further
urban development within the Tassajara Valley.
In expressing support for the proposed Agreement, Save Mount Diablo stated that:
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Mayor Karen Stepper
October 19, 2020
Page 3
the project is .
ULL can already be moved, and by much more than 30 acres. If a
. . .
thousands of acres could be brought within the ULL instead of just 30.
30 acres proposed for development is right next to an already
developed area. The rest of the project site that would be protected covers
a huge swath of the Valley that possesses higher conservation values than
what would be developed. The open space which would be protected
permanent
is a much better project than what has been proposed before and is a
good way to get a powerful developer out of the Valley by allowing him to
develop just 4% of the 771 acres he owns here. If T Parks fails, nothing
succeed
a lopsided ratio of protection (710 acres) for development (30 acres)
is a very positive precedent.
And the EBRPD wrote that in permanently protecting open space, stretching from
Dublin to Pleasanton:
he Regional Parks Foundation intends to transfer the land to the Park
parklands. Agricultural use of the land would continue and would form a
permanent urban limit line as protected open space
his network of protected lands creates a green open space buffer on the
eastern edge of San Ramon, preventing further development into this
histori Limiting
development deeper into this naturally fire-prone landscape also protects the
surrounding communities by reducing potential sources of ignition in and
around newly developed areas.
Un
would continue, and public trails would be provided. The project is adjacent
When
complete, the Tassajara Creek Regional Trail will connect the communities
of Dublin and Pleasanton to Morgan Territory Regional Preserve, Mount
Diablo State Park, and beyond. This open-space buffer also acts as a
wildlife corridor, enhancing connectivity for species movement within and
across the Tassajara Valley.
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Mayor Karen Stepper
October 19, 2020
Page 4
If the project is approved and the open space is dedicated to the Regional
Parks Foundation (RPF), Park District staff will be pleased to recommend
that our Board of Directors accept the open space
We understand the various legal and political complexities of this Project, including
that there are some who
despite its many demonstrable merits. As you consider the issues and concerns
raised in your staff report, we hope you will weigh the Project
benefits carefully and, having fairly balanced the two, elect not to oppose the
Project.
Very truly yours,
MILLER STARR REGALIA
Bryan W. Wenter
Bryan W. Wenter, AICP
BWW/kli
cc: Vice Mayor Lisa Blackwell (lblackwell@danville.ca.gov)
Councilmember Renee Morgan (rmorgan@danville.ca.gov)
Councilmember Newell Arnerich (narnerich@danville.ca.gov)
Councilmember Robert Storer (rstorer@danville.ca.gov)
Marie Sunseri, City Clerk (Msunseri@danville.ca.gov)
Michael R. Bonnifield
David Bowlby
Nadia L. Costa, Esq.
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