Petition circulated to challenge Danville council’s approval of Magee Preserve project | Town Square | |

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Petition circulated to challenge Danville council’s approval of Magee Preserve project

Original post made on Jul 22, 2019

The Danville Town Council formally approved the latest version of the long-debated Magee Preserve housing development in eastern Danville on Tuesday, but the community contention might still be far from over.

Read the full story here Web Link posted Sunday, July 21, 2019, 8:12 PM

Comments (12)

18 people like this
Posted by Dewey Hinds
a resident of another community
on Jul 22, 2019 at 10:01 am

SOS is becoming rediculous. The developer is setting aside over 90% of the land for open space for all time, meaning that future generations will forever enjoy the property. SOS is nothing more than a no growth group. They will never be happy no matter how much is given to satisfy their demands.

18 people like this
Posted by mlc
a resident of Danville
on Jul 22, 2019 at 3:08 pm

Personally, I think that SOS-Danville should accept the decision by the Town of Danville on this project. They appealed and filed a lawsuit in 2013- Danville has addressed those concerns that the judge validated and now they should accept the project instead of costing Danville taxpayers more money to answer their, in my opinion, self serving NIMBY/no growth demands.

In addition, I'm not too keen on residents of unincorporated Contra Costa County (like Diablo), telling Danville residents and the Danville Town Council how they should vote on this issue.

14 people like this
Posted by Mrs A
a resident of Los Cerros Middle School
on Jul 22, 2019 at 6:10 pm

SOS Danville, the Diablo Country Club NIMBY group, has said the same lies for so long that they actually believe them to be true. It's sad and unfortunate for the residents of Danville. In their last lawsuit against the project, the Court ruled against all of their arguments minus bicycle safety, which needed further clarification. Their arguments about Measure S are untrue, as the Court ruled against that as well. This group has wasted so much time and energy, which could have been done to do something productive. What were they doing these past five or six years? Nothing! Absolutely, nothing.

BTW, I don't hear any residents of Diablo volunteering their property to grant the Town an easement to widen Diablo Rd!?! The Magee family, apparently, is supposed to do this out of the kindness in their hearts. Please keep in mind that these Diablo residents are the same people suing to keep the bicyclists off their neighborhood streets.

Please, save your rant back, SOS Danville. Nothing you say is true about this project. You're obsessiveness over this project is not productive for the Town and especially the taxpayers of Danville. Do NOT sign that petition!

5 people like this
Posted by Rex
a resident of Danville
on Jul 23, 2019 at 2:35 pm

How can we solve problem when we have NIMBY attitudes?

5 people like this
Posted by Jim
a resident of Danville
on Jul 23, 2019 at 10:17 pm

Where’s the petition to end SOS-Danville? No more need for the Diablo NIMBY’s.

6 people like this
Posted by DiabloTony
a resident of Diablo
on Jul 24, 2019 at 8:19 am

Mrs. A, your observations are appalling at best. I am, indeed, a resident of Diablo. However the majority of SOS Danville are from Danville not Diablo. SOS-Danville is NOT simply a Diablo CC group as you have stated. You also stated that many of SOS’ s arguments are lies. I challenge you to prove ONE lie. Do you not care about the problems that 1000 additional car trips per day will add to the already overcrowded Blackhawk Road corridor? What are your solutions for the almost 100,000 bicycle trips being made up to the summit each year? Just send them throughout Diablo. Please have some empathy for the many Danville residents along Diablo and Blackhawk Roads who will be adversely affected by the project or do you simply not care because it is not in your neighborhood?

30 people like this
Posted by Challenge Accepted DiabloTony
a resident of Danville
on Jul 24, 2019 at 1:10 pm

From the SOS Website:


"This is the same unacceptable project that the Town approved in 2013!"


No, it isn't. The amount of acreage permanently deeded to open space is larger.


"A Measure S public vote is needed to approve the rezoning to P-1 Planned Unit Residential Development zoning necessary for the project"

"Because P-1 is not an allowable zoning on Agricultural use land, a Measure S public vote is required before the land may be rezoned to accommodate the project!"


The Court of Appeal specifically held that the Town's interpretation of Measure S as not requiring a vote is a reasonable interpretation. As the Court of Appeal said, "Measure S does not require voter approval to authorize zoning changes consistent with the General Plan." The Court of Appeal went on: "Ultimately, this case turns on the tension between the General Plan's description of agricultural open space and its more specific guidance on the development of the Magee Ranch special concern area. The former ostensibly prohibits P-1 zoning on the 100 acres of agricultural open space on the Project site, while the latter arguably allows it. There are various ways to harmonize these two sections. As we must review the Town's decisions for an abuse of discretion, we need not determine which construction is the most reasonable. Rather, we need only determine whether a reasonable person could agree with the Town's proposed construction. Here, we cannot say that the Town's interpretation of the General Plan is unreasonable."

Great effort, though. If you keep lying to yourself enough, you may just believe it is true!

10 people like this
Posted by Have anything to say DiabloTony?
a resident of Danville
on Jul 26, 2019 at 11:48 am

Well? Any response?

2 people like this
Posted by John Giddens
a resident of Danville
on Aug 2, 2019 at 7:08 am

Save our Space is an organization to save "our" space? Did "we" buy that land? So "we" own that land now?
Does an owner of a property have any rights anymore? Or do a few lefties who like to control everything get to tell him/her (watch the pronouns!) what to do with their property? They are attempting to steal that land from the owners, who bought it and possess it as an asset, and it will be worth much less if they can't develop it.

30 people like this
Posted by Mike
a resident of Danville
on Aug 2, 2019 at 8:46 am

If the owner wanted it zoned for residential they should have made that change 50 years ago. But they did not because they did not want to pay the taxes. Now it is time to switch and it is to bad that they waited to rezone until now. They had a lot of warning that laws about rezoning were changing but made no effort to rezone before the changing law. Investing in land is a risk when you make financial decision that limit what the land can be used for. The people of Danville should get to make the decision. If you think it is wrong that voters get to make this decision ask the owner why he limited what the land can be used for. I believe the owner liked the ever increasing property values for residential land and thought he could cash out when it was time by just paying off some politicians to allow the property to be rezoned. The owners made the gamble and now wants to be given a pass.

I trust the voters of Danville more than I trust the politicians of Danville.

Like this comment
Posted by Bill
a resident of Danville
on Aug 11, 2019 at 3:41 pm

SOS can't even get out to solicit signatures for their cause. The guy that came to my front door this morning certainly wasn't from this area and didn't want to slow down to explain the merits of the petition. Only interested in getting signatures and moving on. Is he getting paid per signature?

6 people like this
Posted by Mike d
a resident of Danville
on Aug 20, 2019 at 9:57 am

My question is who's going to pay to maintain this "open space", the answer is us the tax payer. Danville is already congested, are we trying to make another Walnut Creek or San Ramon? I have zero respect to our politicians here in Danville, I will be voting accordingly.

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