HomeMy WebLinkAbout2022-17RESOLUTION 2022-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL CERTIFY A FINAL
PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT, APPROVE THE
TOWN’S 2023-2031 GENERAL PLAN HOUSING ELEMENT GPA22-0001, APPROVE
GENERAL PLAN AMENDMENT LAND USE AMENDMENT GPA22-0002,
GENERAL PLAN TEXT AMENDMENT GPA22-0003, ZONING TEXT AMENDMENT
ZTA22-0001, AND PLANNED UNIT DEVELOPMENT - REZONING PUD22-0001
WHEREAS, the California Legislature has determined that the availability of housing is a
matter of statewide importance and that cooperation between government and the private
sector is critical to attainment of the State's housing goals; and
WHEREAS, California Government Code Section 65588(b) requires the Town of Danville
to periodically prepare an update to the Housing Element of its General Plan; and
WHEREAS, the Town Council directed the Town Manager to cause the Development
Services Department to proceed with this update to the Town's Housing Element for the
2023-2031 planning period; and
WHEREAS, as provided in Government Code Section 65350 et. seq., and Public
Resources Code this Housing Element Update constitutes a General Plan Amendment
(GPA22-0001) ("Project"); and
WHEREAS, the Town of Danville prepared the draft 2023-2031 Housing Element in
accordance with California Housing Element Law (Government Code section 65580 et
seq.); and
WHEREAS, California Government Code Section 65583 requires that the Housing
Element Update contain: (i) an assessment of the Town’s housing needs and an analysis
of the resources and constraints, both governmental and non-governmental, relevant to the
meeting of these needs; (ii) an inventory of land suitable and available for residential
development and an analysis of the development potential of such sites; (iii) a statement
of the community's goals, quantified objectives, and policies relative to the maintenance,
preservation, improvement, and development of housing; and (iv) programs that set
forth a schedule of actions the local government is undertaking or intends to undertake
to implement the policies and achieve the goals and objectives of the Housing Element
Update; and
WHEREAS, the Town’s share of the regional housing need was established in the Regional
Housing Needs Assessment (RHNA) prepared and adopted by the Bay Area
Association of Governments (ABAG) on December 16, 2021. The allocation establishes the
number of new units needed, by income category, to accommodate expected population
growth over the planning period of the Housing Element; and
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
WHEREAS, Housing Element Law requires the Housing Element to identify adequate
sites to accommodate the Town's Regional Housing Needs Allocation (RHNA) for all
income categories, and the Housing Element Update identifies sites that can
accommodate housing exceeding the Town's RHNA; and
WHEREAS, proposed General Plan Amendment GPA22-0002 amends the Danville 2030
General Plan Land Use Map to change land use designations for specific properties
located outside of the Downtown Danville Land Use Districts from various current land
use designations to the Residential – Multifamily - High Density Special Land Use
Designation allowing and requiring a residential land use density of 30-35 units per acre;
and
WHEREAS, proposed General Plan Amendment GPA22-0002 also amends the Danville
2030 General Plan Land Use Map adding a new General Plan Land Use Designation of
Downtown Business District 13, Residential – Multiple Family – High Density Special
allowing a residential land use density of 30-35 units per acre; and
WHEREAS, proposed General Plan Amendment GPA22-0002 amends the text of the
Town’s 2030 General Plan to add a new General Plan Land Use Designation termed
Residential - Multifamily - High Density Special, 30-35 units per acre, and includes
associated descriptive narrative, also Special Concern Area language in the 2030 General
Plan associated with recommended General Plan Land Use Amendments need to be
amended to align with the sites’ new land use designations; and
WHEREAS, proposed Preliminary Development Plan – Rezonings would rezone the
properties proposed for General Plan Amendments outside of the Downtown Danville
Land Use Districts to P-1; Planned Unit Development District, establishing zoning land
use and development standard to guide the future development of each site; and
WHEREAS, proposed Zoning Text Amendments to the Town’s Municipal Code (Section
32-45), Downtown Business District, would add a new Downtown Business District 13;
Residential Multifamily High Density Special zoning district (30-35 units per acre) and
establishing land use and development standards to guide the future development of
each site; and
WHEREAS, in accordance with Government Code Section 65585(b), the Town on August
15, 2022, submitted a draft Housing Element to the California Department of Housing and
Community Development (HCD); and received a letter from HCD dated November 10,
2022, which found that the Town’s draft Housing Element required revisions to comply
with Housing Element Law; and
WHEREAS, the Town incorporated each of HCD's specific requirements identified in the
November 10, 2022, letter into the Town’s 2023-2031 Housing Plan Update; and
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
WHEREAS, the Town conducted substantial and broad public engagement using a
methodical process including informational webinars and live presentations, launched a
site selection website tool, conducted a Town-wide survey, and public workshops; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 2022, as prescribed by law; and
WHEREAS, notification regarding the Planning Commission public hearing was
published in a newspaper of general circulation. Property owners whose property is on
the Housing Opportunity Sites list received an owner-specific letter. A push notification
was sent to all subscribers of the Housing Element page on the Danville Town Talks online
platform. Lastly, 16,000 public hearing postcards were printed and mailed to all addresses
within the Town of Danville
WHEREAS, a staff report was submitted recommending the Planning Commission
recommend the Town Council approve the requests; and
WHEREAS, the Planning Commission considered all information related to the project,
including public testimony received in writing and presented orally; and
WHEREAS, on December 13, 2022, the Danville Planning Commission, in its
independent judgment and after fully considering all alternatives, recommended approval
of the Sixth Cycle Housing Element and related General Plan Amendments, Rezoning,
and Zoning Text Amendments; and
WHEREAS, the 2023-2031 Housing Element Update replaces in its entirety the Town’s
2014-2022 Housing Element of the General Plan; and
WHEREAS, the proposed update to the Housing Element is not a General Plan update
that is comprehensive in nature in that it is not titled as such and does not, except where
specifically directed, substantially change or re-adopt the text and maps of the existing
elements of the General Plan; and
WHEREAS, based on the totality of the record and evidence described and referenced in this
Resolution, the Danville Planning Commission finds that the proposed 2023-2031 Housing
Element is consistent with the requirement of State Housing Element Law and the
associated General Plan Amendments, Rezonings, and Zoning Text Amendments are
consistent with the purposes of the General Plan and Municipal Code and will provide
adequate sites with corresponding density to meet the Town’s RHNA allocation, adopting
State mandated and locally desired programs to implement the Housing Element
effectively; and
WHEREAS, the Town is the lead agency for the project, and has prepared an
Environmental Impact Report (EIR) for the project pursuant to and in accordance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.,
“CEQA”) and the Guidelines for Implementation of CEQA (Title 14, Cal. Code of Regs.,
Section 15000 et seq., the CEQA Guidelines); and
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
WHEREAS, CEQA requires that, in connection with the approval of a project for which
an EIR has been prepared which identifies one or more significant environmental effects,
the decision-making agency make certain findings regarding those effects.
NOW, THEREFORE, BE IT RESOLVED by the Danville Planning Commission at the
meeting held on December 13, 2022, the following:
Final Program Environmental Impact Report
1. That the above recitals are true and correct; and
2.A mitigation monitoring and reporting program (“MMRP”) has been prepared to
meet the requirements of Public Resources Code Section 21081.6. (Attachment 6 of
this Resolution). This MMRP is designed to ensure compliance with project
mitigation measures imposed to avoid or substantially lessen the significant effects
identified in the EIR for the project; and
3.The Commission was presented with, and has independently reviewed and
analyzed, the Final EIR and other information in the record and has considered the
information contained therein prior to acting upon or approving the project, and
has found that the Final EIR represents the independent judgment of the Town of
Danville as lead agency under CEQA for the project; and
4.The Commission finds and recognizes that the Final EIR contains additions,
clarifications, modifications, and other information in its responses to comments on
the Draft EIR and also incorporates information obtained by the Town of Danville
since the Draft EIR was issued and circulated for public review. The Commission
does hereby find and determine that such changes and additional information are
not significant new information, as that term is defined under the provisions of
CEQA, from that information disclosed in the Final EIR because such changes and
additional information do not indicate that any new significant environmental
impacts not already evaluated would result from the project and they do not reflect
a substantial increase in severity of any environmental impact; no feasible
mitigation measures considerably different from those previously analyzed in the
Draft EIR have been proposed that would lessen significant environmental impacts
of the project. Accordingly, the Commission hereby finds and determines that
recirculation of the Final EIR for further public review and comment is not
warranted; and
5.The Commission does hereby make the following findings with respect to the
significant effects on the environment of such project, identified in the hereinbefore
mentioned Final EIR, with the stipulations that all information in these findings is
intended as a summary of the full administrative record supporting the Final EIR,
which full administrative record should be consulted for the full details supporting
these findings and which consists of, but is not limited to, the Draft EIR, the
Mitigation Monitoring and Reporting Program, all testimony, documentary
evidence and all correspondence submitted to the Town
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
of Danville in connection with the project, and other documents relied upon or
prepared by Town Staff or consultants related to the project and this Resolution.
2023-2031 HOUSING ELEMENT UPDATE
SIGNIFICANT ENVIRONMENTAL IMPACTS
The following findings, including impact statements, mitigation measures, findings and
facts in support of findings, are based on the full administrative record, including, but not
limited to, the Draft EIR, which contains a fuller discussion of each issue.
Greenhouse Gas Emissions
Impact: Impact GHG-1.1: The mitigated service population emissions would be 3.31
MT CO2e/year, which would still exceed the threshold of 2.7 metric tons per
service population.
Mitigation: Refer to MM TRN-2.1 below.
Finding: Future residential development in Sub Areas 1, 4, 5, and 6 would be required
to implement mitigation measures MM TRN-2.1, which would require
project-scale and community-scale measures to reduce residential VMT.
These measures are expected to reduce VMT in these Sub Areas by 4.7 to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Area 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Impact: Impact GHG-2.1: The use of natural gas within new residential development
allowed under the Housing Element Update would conflict with the GHG
reduction requirements by 2030.
Mitigation: MM GHG-2.1: The Town proposes to adopt the following development
standard to prohibit new residential buildings from including infrastructure
to provide natural gas.
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
Development Standard:
New residential development shall not include natural gas infrastructure for use in
appliances and building heating.
With implementation of mitigation measure MM GHG-2.1, future development under the
Housing Element Update would be consistent with GHG reduction efforts by 2030 and
BAAQMD’s fair share design elements for achieving carbon neutrality by 2045.
Finding: Implementation of MM GHG-2.1 would ensure future development under
the Housing Element Update is consistent with State GHG reduction
requirements and reduce impacts to a less than significant level.
Facts in Support of Finding: BAAQMD has determined that projects that do not include
natural gas would not result in any wasteful, inefficient, or unnecessary
energy usage and would be doing their fair share of implementing the goals
of carbon neutrality by 2045.
Impact: Impact GHG-2.2: The Housing Element Update would increase VMT and
result in additional GHG emissions from vehicular travel.
Mitigation: MM GHG-2.2: The Town proposes to adopt the following development
standard to require compliance with off-street electric vehicle requirements
in the most recently adopted version of CALGreen Tier 2 requirements.
Development Standard:
New housing developments shall comply with off-street electric vehicle requirements in
the most recently adopted version of CALGreen Tier 2 requirements.
Finding: With implementation of mitigation measure MM-GHG-2.2, future
development under the Housing Element Update would be consistent with
GHG reduction efforts by 2030 and BAAQMD’s fair share design elements
for achieving carbon neutrality by 2045.
Facts in Support of Finding: BAAQMD has determined that projects that comply with the
most recently adopted version of CalGreen Tier 2 requirements would not
result in any wasteful, inefficient, or unnecessary energy usage and would
be doing their fair share of implementing the goals of carbon neutrality by
2045.
Impact: Impact GHG-C: The project would result in a cumulatively considerable
contribution to a cumulatively significant GHG emissions impact.
Mitigation: Refer to MM GHG-2.1 and MM GHG-2.2 above.
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
Finding: Future residential development in Sub Areas 1, 4, 5, and 6 would be required
to implement mitigation measures MM TRN-2.1, which would require
project-scale and community-scale measures to reduce residential VMT.
These measures are expected to reduce VMT in these Sub Areas by 4.7 to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Area 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Noise
Impact: Impact NOI-1.1: Future housing development under the Housing Element
Update could result in temporary construction noise level increases above
ambient conditions.
Mitigation: Implementation of General Plan Policy 27.13, which requires that noise
reduction measures be implemented during all phases of construction,
would minimize the exposure of neighboring properties to excessive noise
levels. The Town’s following standard noise reduction measures would be
required for all future development under the Housing Element Update.
•Prior to any grading or other construction activities, the applicant
shall develop a construction mitigation plan in close coordination
with the Town of Danville to minimize noise disturbance. The
following conditions shall be incorporated into the building
contractor specifications:
•Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-impact
tools generating a maximum noise level of 80 dB when measured at a
distance of 50 feet.
•Utilize “quiet” models of air compressors and other stationary noise
sources where technology exists.
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
•Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
•Prohibit unnecessary idling of internal combustion engines.
•Prohibit audible construction workers’ radios on adjoining
properties.
•Restrict noise-generating activities at the construction site or in areas
adjacent to the construction site to the hours between 8:00 a.m. and
5:00 p.m., Monday through Friday.
•Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
•Limit the allowable hours for the delivery of materials or equipment
to the site and truck traffic coming to and from the site for any
purpose to Monday through Friday between 7:00 a.m. and 6:00 p.m.
•The allowable hours for delivery of materials and equipment to the
site and truck traffic coming to and from the site for any purpose shall
be further limited to avoid the area’s peak morning and afternoon
weekday school commute hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m.
to 4:00 p.m.
•Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval of
the Town.
•Allowable construction hours shall be posted clearly on a sign at each
construction site.
•Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and for
each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that responsibility
of the Property Owners’ Association and/or home builder to
designate this Disturbance Coordinator for each lot for the duration
of construction until full site buildout. The Disturbance Coordinator
shall conduct the following: receive and act on complaints about
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
construction disturbances during infrastructure installation,
landslide repair, road building, residential construction, and other
construction activities; determine the cause(s) and implement
remedial measures as necessary to alleviate significant problems;
clearly post his/her name and phone number(s) on a sign at each
clustered development and home building site; and, notify area
residents of construction activities, schedules, and impacts.
Finding: Implementation of Town’s standard noise reduction measures would reduce
construction noise impacts to a less than significant level.
Facts in Support of Finding: Implementation of Town’s standard noise reduction
measures would ensure that future development under the Housing
Element Update develop a construction mitigation plan to reduce noise
during all phases of construction, consistent with General Plan Policy 27.13.
Transportation
Impact: Impact TRN-2.1: Residential development in Sub Areas 1, 4, 5, and 6 would
exceed the Town-wide threshold of 19.0 VMT per resident resulting in a
significant impact.
Mitigation: MM TRN-2.1: The Town proposes to adopt the following development
standard to require future development on Housing Element Update sites in
Sub Areas 1, 4, 5, and 6 incorporate project-scale and community-scale
measures to reduce residential VMT to the maximum extent possible.
Development Standard
Implement a comprehensive TDM program that includes the following
elements:
•Ride-sharing program
•Subsidize or discount transit passes
•Price and manage parking
Applicants shall coordinate with the Town and CCTA to implement the
following community-scale strategies:
•Improve the pedestrian network
•Increase transit service frequent
•Implement neighborhood or community-wide car-sharing programs
Finding: Implementation of MM TRN-2.1, would be able to reduce VMT by up to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
reduce residential VMT to 20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Impact: Impact TRN-C: The project would result in a cumulatively considerable
contribution to a cumulatively significant transportation impact.
The discussion of VMT impacts associated with the Project under Impact
TRN-2 is inherently a cumulative impact analysis as it compares the Project
to the Town-wide VMT threshold. As detailed under Impact TRN-2, the
addition of Project-generated VMT within the Town from Sub Areas 1, 4, 5,
and 6 would exceed the Town-wide threshold of 19.0 VMT per resident
resulting in a significant impact. Implementation of MM TRN-2.1 would
reduce VMT generated in Sub Area 1 to below the Town-wide VMT
threshold of 19.0 per resident. Implementation of MM TRN-2.1 would
reduce VMT in Sub Areas 4, 5, and 6 by a maximum of 5.2 percent. In order
to reduce VMT below the Town-wide threshold, Sub Areas 4, 5, and 6 would
need 13, 15, and 18 percent VMT reductions, respectively. Therefore, even
with implementation of MM TRN-2.1, residential VMT per resident would
exceed the Town’s significance threshold of 19.0. Therefore, the Project’s
contribution to substantial effects related to VMT would be cumulatively
considerable and significant and unavoidable.
Mitigation: Refer to MM TRN-2.1.
Finding: Implementation of MM TRN-2.1, would be able to reduce VMT by up to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Utilities and Service Systems
Impact: Impact UTL-2.1: The Project water demand would exceed water projections
in East Bay Municipal Utility District’s adopted 2020 Urban Water
Management Plan.
Mitigation: No feasible mitigation.
Finding: Future housing development under the Housing Element Update would be
subject to the same drought restrictions that apply to all District customers
during multi-year droughts. Furthermore, General Plan Policy 20.02 would
ensure that future development approvals are reviewed to ensure adequate
water supply is available to serve the proposed development. In addition,
there are several General Plan policies that promote efficient water use by
encouraging drought tolerant landscaping, use of water efficient plumbing
fixtures, use or reclaimed water (Policies 31.01 and 31.02). However, the
Project’s water demand would still exceed the 2020 UWMP’s projections,
this constitutes a significant and unavoidable impact.
Facts in Support of Finding: As documented in Table 3.19-1 of the Draft EIR, projected
population growth associated with the Housing Element Update would
exceed the Association of Bay Area Government’s 2040 growth projections
by 2,389 households. Based on a multi-family water use demand of 120
gallons per day, the additional households would generate approximately
286,680 gallons per day beyond what was accounted for in the 2020 UWMP.
ALTERNATIVES TO THE PROJECT
An EIR must describe a range of reasonable alternatives to the project, or the location of
the project, which would feasibly obtain most of the basic objectives of the project but
would avoid or substantially lessen any of the significant environmental effects of the
project. While CEQA does not require that alternatives must be capable of meeting all of
the project objectives, their ability to meet most of the basic objectives is considered
relevant to their consideration. The objectives for the Project are as follows:
•Goal 1: Develop infrastructure through funding mechanisms that support the
demands of current and future residents, housing, commercial, and retail
development.
•Goal 2: Promote a vibrant commercial and cultural downtown area that meets the
needs of residents and visitors and encourages a mix of retail, commercial, and
residential building through zoning.
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
•Goal 3: Promote environmental responsibility, long-term sustainability, and
adaptability in residential development and related infrastructure to minimize
impacts to global climate change.
•Goal 4: Promote housing opportunities for all persons regardless of race, age,
gender, sexual orientation, marital status, ability, or national origin.
•Goal 5: Affirmatively further fair housing by taking meaningful actions that
overcome patterns of segregation and foster inclusive communities.
•Goal 6: Promote the expansion of the housing throughout the Town to
accommodate a variety of housing types that are attractive and affordable to
potential renters and home buyers at a wide range of income levels.
•Goal 7: Promote access to affordable housing opportunities for persons with special
housing needs such as seniors, developmentally disabled, large households, and
very low to moderate income households.
•Goal 8: Facilitate a mix of housing types with density and height limitations
appropriate for the subject neighborhood.
•Goal 9: Promote a wide variety of housing types that balance valued aspects of the
existing community character, including quality design, scale, and preservation of
natural features.
•Goal 10: Adopt and implement a Housing Element that complies with State Law.
The Town Council of Danville may reject the alternative if it is determined that specific
considerations make the alternative infeasible. Pursuant to California Public Resources
Code Section 21081 and the CEQA Guidelines Section 15091 et seq., the Town Council of
Danville adopts and makes the following findings with respect to the alternatives
identified in the Final EIR, as described below.
No Project Alternative
Description: Under the No Project Alternative, the Town would continue to implement
the adopted 2014-2022 Housing Element as adopted in the 2030 General Plan. The Housing
Element goals, policies, and programs as well as the Land Use Map and Zoning Code
would not be updated to address the Town’s housing needs under this alternative. State
Housing law requires that all cities within the nine Bay Area counties (including each
county) complete the 6th Cycle Housing Element Update by January 2023. ABAG has
identified a RHNA allocation of 2,241 units for the Town.
Under this alternative, the Town would continue to develop under the existing General
Plan and Housing Element. The Town would be non-compliant with State Housing law
and could face penalties for non-compliance. No new significant environmental impacts
or an increased severity of environmental impacts identified in the General Plan EIR
would occur under this alternative because it would retain the currently General Plan land
use designations and policy provisions.
Comparison to the Project: Under this alternative, the Town would continue to develop
under the existing General Plan and Housing Element. Residential development in the
Town would continue to have significant VMT impacts, if located in a high VMT area.
GHG emissions would be reduced overall given the amount of development allowed
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
under the current General Plan but may exceed 2030 emissions thresholds on a per capita
basis depending on the location of the development sites. Under this alternative, the
proposed 2,577 residential units would not be constructed, and projected water demand
would not exceed projections in the adopted 2020 UWMP.
Finding: The No Project Alternative would achieve some of the Project objectives.
Under this alternative, the Town would continue to develop under the
existing General Plan and Housing Element. The Town would not expand
housing opportunities (Goal 6) to the same extent as the Project. In addition,
this Alternative would only partially satisfy Goals 7 through 9. The Town
would be non-compliant with state housing law (Goal 10) and could face
penalties for non-compliance.
The No Project Alternative would create specific legal and economic
problems for the Town if adopted. Legally, state housing law allows the
State of California and/or third parties to sue the Town to seek court-
ordered compliance with the housing element law. Such lawsuits can lead
to all loss of local discretion and control over review of proposed
developments. Even without litigation, provisions of the Housing
Accountability Act (Government Code Section 65589.5) allows certain
affordable housing projects to avoid local zoning when the housing element
does not substantially comply with state law (the so-called “builder’s
remedy”).
Adoption of the No Project Alternative would also lead to specific economic
problems for the Town. As mentioned above, failure to adopt a conforming
housing element can, and likely will, lead to litigation against the Town. In
addition to loss of local control, such a lawsuit can lead to significant
financial penalties imposed by the state, in addition to the expense of
defending any such lawsuits.
Reduced VMT Alternative
Description: Under The Reduced VMT Alternative, the Town would adopt a Housing
Element Update that only included sites in Sub Areas 2, 3, 7 and 8. All other
aspects of the Housing Element Update would remain the same.
Comparison to the Project: As discussed in Section 3.17 Transportation of
the Draft EIR, residential development in Sub Areas 2, 3, 7 and 8 would
generate VMT below the Town-wide residential VMT threshold and VMT
impacts would be less than significant. Therefore, the Reduced VMT
Alternative would avoid a significant and unavoidable VMT impact. Given
the reduction in VMT per capita under this alternative, GHG emissions per
capita would also be reduced. Under this alternative, the proposed 2,577
residential units would still be constructed in Sub Areas 2, 3, 7 and 8, and
projected water demand would exceed projections in the adopted 2020
UWMP. This alternative would result in the same significant and avoidable
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
water supply impact.
Finding: The Reduced VMT alternative would meet all the stated Project objectives.
Under this Alternative, the Town would accommodate 2,577 residential
units consistent with the RHNA target set by ABAG.
Adoption of the Reduced VMT alternative would require all the units to be
placed on fewer acres, requiring higher densities and, resulting in taller and
more massive buildings within the Downtown area. These developments
would not be consistent with existing development pattern and the character
of the Town.
As a result, development would not be consistent with the following General
Plan Policy:
Policy 1.02: Require that new development be generally consistent with the
scale, appearance, and small town character of Danville.
The Reduced VMY alterative would be inconsistent with State Housing Law,
including AFFH requirements, as it would concentrate all development in
and around the Downtown area, rather than integrate development into the
community.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to California Public Resources Code Section 21081 and the CEQA Guidelines
Section 15093 et seq., the Council adopts and makes the following statement of overriding
considerations regarding the remaining unavoidable impact of the project and the
anticipated benefits of the project.
Significant Unavoidable Impact
With respect to the foregoing findings and in recognition of those facts which are included
in the record, the Council has determined that the project would cause significant and
unavoidable greenhouse gas emission (Impact GHG-1.1 and GHG-C), VMT impacts
(Impact TRN-2.1 and TRN-C) and water supply impacts (Impact UTL-2.1), as set forth
above.
Overriding Considerations
Despite the existence of significant adverse impacts that may not be mitigated to below
the level of significance, the Council has balanced the benefits of the project against these
significant and unavoidable environmental impacts.
Pursuant to this balancing, the Council specifically adopts and makes this Statement of
Overriding Considerations that this project has eliminated or substantially lessened all
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
significant effects on the environment where feasible and finds that the remaining
significant and unavoidable impacts of the project are acceptable because the benefits of
the project outweigh the significant and adverse impacts of the project.
The Council hereby finds that each benefit listed below constitutes a separate and
independent basis of justification for the Statement of Overriding Considerations, and
each is able to independently support the Statement of Overriding Considerations and
override the significant and unavoidable environmental effects of the project. In addition,
each benefit is independently supported by substantial evidence contained in the
administrative record.
Benefits of the Proposed Project
The Council has considered the EIR, the public record proceedings on the proposed
project, and other written materials presented to the Town of Danville, as well as oral and
written testimony at all hearings related to the project, and does hereby determine that
implementation of the project as specifically provided in the project documents would
result in the following substantial public benefits: [Note to Town: please include reasoning
for adopting Statement of Overriding Considerations.]
•Approval of the project is necessary to comply with State Housing Element Law
•Approval of the project is necessary for the Town to provide suitable housing at
various affordability levels to provide adequate housing options for residents of the
Town and the region.
•Approval of the project is necessary to meet housing goals and programs described
in the plan, including fair housing needs.
•Approval of the project would allow the Town to retain the maximum level of local
review and discretion over proposed developments. Under state housing law,
failure to approve the project would lead to loss of direct local control over future
development proposals.
•Approval of the project is necessary to avoid costly fines and penalties as well as
the cost of litigation from the state and/or third parties to ensure compliance with
state housing law.
•Approval of the project ensures that the use of the so-called “builder’s remedy”
under the Housing Accountability Act is not used against the Town, potentially
leading to the mandatory approval of developments inconsistent with the Town’s
zoning ordinance.
Conclusion
The Commission has weighed the above benefits of the proposed project against its
significant and unavoidable environmental effects identified in the Final EIR and hereby
determines that each of these benefits outweighs the adverse environmental effects and,
therefore, further determines that the significant and unavoidable environmental effects
of the project is acceptable.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
Commission hereby finds as follows:
2023-2031 Housing Element (GPA22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The 2023-2031 Housing Element of the General Plan substantially
complies with Housing Element Law, as provided in Government Code 65580 et seq.
and is consistent the with Land Use and other elements of the Town's General Plan.
The proposed amendments are required to bring the Housing Element into consistency
with State law and are consistent with sound planning principles in that the proposed
policies and proposed implementing regulations are compatible and ensure that the
goals and policies of the General Plan can be adequately implemented to achieve the
community's vision.
SECTION 3. As required by Government Code Section 65585(e), the Planning
Commission has considered the comments made by the Department of Housing and
Community Development included in the Department's letter to the Town dated
November 10, 2022. Consistent with Government Code Section 65585(f), the Town has
modified the draft Housing Element in response to the comments of the Department
to substantially comply with the requirements of Article 10.6 of the Government Code as
interpreted by HCD.
SECTION 4. There is a real and substantial relationship of the Danville Housing
Element to the general welfare of the Town and the entire region. Danville has adequately
researched and considered the numerous competing interests in the region and, in view of
the demonstrated need for new housing, the approval constituted a reasonable
accommodation of those interests.
SECTION 5. The 2014-2022 Housing Element is hereby repealed in its entirety and
the 2023-2031 Housing Element (Attachment 1) is recommended for approval.
SECTION 6: The Chief of Planning, after the Town Council’s approval, is hereby
directed to file all necessary material with the Department of Housing and Community
Development for the Department to find that the 2023-2031 Housing Element is in
conformance with State law.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
General Plan Land Use Designation Amendments (GPA22-0002)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The General Plan land use amendments will provide sufficient lands
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
at land use densities and related affordability levels necessary to meet the Town’s
RHNA, implementing requirements of the Danville 2023-2031 Housing Element and in
compliance with State law.
SECTION 3. General Plan Amendment GPA22-0002, for properties that are not
contained within the Downtown Danville Land Use Districts, amending the Town’s
Land Use Map for the properties listed and shown on the map in Attachment 2 of this
Resolution from various exiting Land Use Designations to Residential – Multifamily -
High Density Special (30-35 units per acre) Land Use Designation and, for properties
contained within the Downtown Danville Land Use Districts, amending the Town’s
Land Use Map for the properties also listed and shown in the map in Attachment 2 of
this Resolution from various existing Land Use Designations to Downtown Business
District Area 13; Multifamily -Residential - High Density Special (30-35 units per acre)
Land Use Designating, is hereby recommended for approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
General Plan Text Amendment (GPA22-0003)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The General Plan Text Amendment is necessary to add a new
Residential – Multifamily - High Density Special (30-35 units per acre) Land Use
Designation to the Town’s 2030 General Plan to meet the Town’s RHNA requirements
and to implement programs contained within the Danville 2023-2031 Housing Element
and to comply with State law.
SECTION 3. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.39, after the
Residential – Multifamily – High Density (25-30 units per acre) to add the description
and compatible zoning districts for a new Residential – Multifamily – High Density
Special (30-35 units per acre) Land Use Designation. This new General Plan text language
is included in Attachment 3 of this Resolution and is hereby recommended for approved.
SECTION 4. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.55 within the
Special Concern Area language of the Danville 2030 General Plan for Fostoria East. This
new General Plan text language is included in Attachment 3 of this resolution and is
hereby recommended for approval.
SECTION 5. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.49 within the
Special Concern Area language of the Danville 2030 General Plan for Diablo/Green
Valley/ Stone Valley Corridor. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
SECTION 6. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use beginning on Page 3.56 within the
Special Concern Area language of the Danville 2030 General Plan for Downtown
Danville and North Hartz Avenue. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
SECTION 7: General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.50 within the
Special Concern Area language of the Danville 2030 General Plan for Historic Wood
Family Ranch Headquarters. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Zoning Text Amendments (ZTA22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. Zoning Text Amendments to the Danville Downtown Business
District Ordinance (Municipal Code Section 32-45) will provide land use and
development standards for newly created Downtown Business District Area 13;
Multifamily – Residential - High Density Special, implementing requirements of the
Danville 2023-2031 Housing Element and in compliance with State law.
SECTION 3. Zoning Text Amendments to the Town’s Downtown Business
District Ordinance (Municipal Code 32-45) to include the language contained within
Attachment 4 of this Resolution are recommended for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Preliminary Development Plan - Rezoning (PUD22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. In order to provide for land use and development standards for the
lands located outside of the Downtown Business Land Use Districts and provide the
necessary housing sites at necessary residential densities and in order to comply with
the Town’s RHNA and State Housing Element Law, the sites to receive General Plan
Land Use Amendments which are not located within the Downtown Danville Land
Use Districts and identified within Attachment 2 are rezoned from various existing
zoning districts to P-1; Planned Unit Development District. Land use, density, and
development standards established within these P-1; Planned Unit Development
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267
Districts are contained within Attachment 5 of this Resolution.
SECTION 3. Preliminary Development Plan – Rezonings creating land use,
density, and development standards are recommended for approval.
APPROVED by the Danville Planning Commission at a regular meeting on December
13, 2022 by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
DocuSign Envelope ID: 47539CEF-EA23-4FFF-B2DE-24364E8B4267