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HomeMy WebLinkAbout2017-01PLANNING COMMISSION RESOLUTION NO. 2017-01. APPROVING FINAL DEVELOPMENT PLAN REQUEST DEV16.OO14 (USE BY RrGHT-GOVT. CODE 6ss83.2(i)) (373-383 Diablo Road - APN: 216-120-037\ WHEREAS, Danville Office Partners, LLC (Property Owner and Applicant)is the owner of the property located at 373-383 Diablo Road (APN 216-120-037), located along the south side of Diablo Road, abutting the west side of the southbound onramp from Diablo Road to I-680 and also abutting the north side of a section of San Ramon Creek and is seeking approval of a 150-unit multifamily, for-rent residential project, with 13 of the 150 units being set aside for very-low income households; and WHEREAS, the property is designated in the Town's 2030 General Plan as DBD; Downtown Business District Area 1"2 - Multifamily Residential High Density (25-30 units per acre); and WHEREAS, subsequent to adoption of the 2030 General Plaru the Town adopted Zoning Text Amendment and Preliminary Development Plan - Rezoning request LEG13-02 (ZT A & PUD, Resolution No. 92-2013) which was required to ensure the zoning for the property was consistent with the General Plan designation. This rezoning amended DivisionS2- 45 DBD; Doutntown Business District of the Danville Municipal Code to create development standards for the newly created Area 12 - Multifamily Residential High Density land use designation of the 2030 Plan and established development criteria and standards for the property in order to ensure consistency with the 2030 General Plan; and WHEREAS, the Environmental Impact Report certified in conjunction with the review and approval of the Danville 2030 General Plan in March 2013 (the General Plan EIR) provided the CEQA review for the proposed change in the project site's land use designation in the general plan from an office designation to a multifamily high density designation; and WHEREAS, future development within the Town of Danville must conform to the 2030 Plan and related development regulations, with each development proposal required to be accompanied by a finding of general plan conformity and a citation of the relevant policies in the 2030 Plan which are the basis for action; and WHEREAS, as part of the State Housing Law,local agencies face certain constraints in reviewing residential developments, particularly those that have been identified in the agency's General Plan as being housing opportunity sites ("HOS") necessary to satisfy regional housing needs; and WHEREAS, Government Code Section 65583.2(Ð is one such provision in the State Housing Law and reads as follows: "(i) For purposes of this section and Section 65583, the phrase "use by right" shall mean that the local goverrunent's review of the owner- occupied or multifamily residential use may not require a conditional use permit planned unit development permit or other discretionary local goverrunent review or approval that would constitute a "project" for purposes of Division L3 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that "use by right" does not exempt the use from design review. Flowever, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all,rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5."; and WHEREAS, because the project is on an HOS identified by the Town and proposes multi- family uses with no subdivisiory it falls within the scope of Government Code Section 65583.2(Ð and as sucþ is not subject to the Town's normal processing for a final development plan; and WHEREAS, in order to comply with Government Code Section 65583.2(Ð within the parameters of the Town's existing regulations, the Town developed project-specific processing steps which are laid out in a letter dated September 16,2015 (attached to the Planning Commission Staff Report for DEV16-0014), which is incorporated herein by this reference; and WHEREAS, the September'1.6,2015 processing letter indicates that the project will be processed as a "Final Development Plan (Use by Right-Govt. Code 65583.2(ù" (hereafter, a "Modified Final Development Plan"), that the development is not a project for CEQA purposes (and thus exempt from CEQA review) and that the Town would make specified findings in considering the project; and WHEREAS, as part of the Modified Final Development Plan, the applicant has requested a density bonus as permitted by state law be applied to the project through the approval of DEVL6-001.4, with the applicant seeking up to a 35.0% increase to the otherwise allowable maximum project unit density; and WHEREAS, consistent with state regulations governing a density bonus project the applicant is eligible to request two development concessions, but as part of the application is requesting only one concessiory that being a request for relief from the maximum applicable floor area ratio (FAR) standard for conditioned space that would apply to the project site as the applicant seeks approval of an 88.4% FAR where the maximum FAR standard under the site's DBD Area 12 zoning is an 80.0% FAR; and PAGE 2 RESOLUTION NO. 2017-01 WHEREAS, consistent with state regulations governing a density bonus project the applicant is also eligible for a waiver or reduction in development standards. The waiver sought by the applicant, is a request for modification of the maximum allowable building height as provided for under the Danville 2030 General Plan as the applicant seeks approval for use oÍ a37' maximum building height where the Danville 2030 General Plan sets the maximum allowable building height at 35'; and WHEREAS, Modified Final Development Plan request DEV16-0014 includes a request for authorizationto remove on site trees that qualify as protected trees under the Town's Tree Preservation Ordinance due to their size andf or species; and WHEREAS, on October 27, 2016 after a noticed public hearing, the Town's Design Review Board reconunended that the Planning Commission approve the architecture and design of the projecÇ and WHEREAS, a staff report was submitted recommending that the Planning Commission approve the projecü and WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, during their deliberation of the project, the Planning Commission acknowledged statements made by the applicant indicating his willingness to work with the Town relative the mix of unit types making up the thirteen affordable units to be provided in the project to assure a mix of units is offered that is a representative cross section of the types of units to be offered in the projec! and WHEREAS, in recognition of this expressed commitment by the applicant, the Planning Commission encourages the Town Council, through its subsequent effort to review and approve an affordable housing agreement for the project that provides direction on the development and occupancy restrictions of the project's affordable housing units, to have the agreement specify a mix of unit types for the thirteen units in the project to be reserved as the affordable units be a mix of units that is a representative cross section of the types of units to be offered in the projecÇ and WHEREAS, the Danville Planning Commission did hear and consider all reports, reconunendations, and testimony submitted in writing and presented at the hearing concerning the project at a noticed public hearing on January 24,2017; therefore, be it RESOLVED that the Danville Planning Commission approves the Modified Final Development Plan request DEV16-001.4, per the conditions of approval contained herein, and makes the following findings in support of this action: PAGE 3 RESOLUTION NO. 2017.01 1 2. 6 8. 9 5 FINDINGS OF APPROVAL: Modified Final Development Plan Request The property owner / applicant intends to obtain permits for construction within 36 months from the effective date of the approval of Modified Final Development Plan request DEV16-0014. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. The project is surrounded by existing commercial buildings to the north and multifamily housing to the west. The project is set back a considerable distance and is largely screened from the view of Diablo Road. 3.The project is substantially consistent with the DBD; Downtown Business District Area 12 - Multifamily Residential High Density (25-30 units per acre) zoning standards. 4.The project as conditioned and approved is substantially consistent with the site specific zoning development criteria and standards contained in LEG13-02 (ZTA & PUD). The project is consistent with the provisions of Government Code Section 65583.2(Ð as it is located on a Housing Opportunity Site identified in the Town's 2030 General Plan and Housing Element and it proposes multifamily housing with no subdivision of land. Consistent with Government Code Section 65583.2(Ð, the Modified Final Development Plan is not project under CEQA. 'l'he proposed project will not be detrimental to the health, safety, and general welfare of the Town. The project as conditioned is consistent with all applicable Town standards and regulations. The one concession and one waiver of development standards requested as part of the density bonus associated with the project are consistent with Government Code Section 65915(d) and are hereby approved. The development proposal is in substantial conformance with the goals and policies of the Danville 2030 General Plan and the Downtown Master Plan, with specific conformance to the following goals and policies acknowledged through adoption of this finding: PAGE 4 RESOLUTION NO.201.7-01" a. b. Policy 1.03 - Recognize the need for suitably located housing, civic facilities, and services for all age groups within the community. Policy 1,.04 - Generally guide higher density residential development to locations within convenient walking distance of shopping centers and public transportation. The project is located in zaølking distance to the Green Vølley Shopping Center øs utell as doutntoutn Danaille and bus stops for County Connection Route 21. Policy 2.01, - Achieve a high standard of residential design through project review and approval for all new residential developments. Policy 2.07 - Improve the appearance of the community by encouraging aesthetically designed buildings, screening, adequate setbacks, and landscaping. Policy 3.07 - Where appropriate, encourage the use of shared circulation and parking. As conditioned, the project proaides an opportunity for future shøred circulation ruith the adjoining lønlois property. Policy 3.08 - Encourage the reuse of vacant and underutilized commercial buildings for more economically productive purposes, including new businesses, housing, and mixed use development. Deaelopment of multi- family housing on the site furthers the objectiae of this goø1. Goal4 Downtown Danville - Enhance Downtown Danville and its environs as the center of towrç with a mix of retail, office, residential, civic, and open space uses. Downtown should be a more vibrant and successful center, with more walkable streets, opportunities to live and work close to public transportation and shopping, and new housing for persons of all incomes and ages. Goal5 Housing - Protect the quality of Danville's residential neighborhoods while providing opportunities for new housing that meets community needs. The project proaides new multi,fømily housing necessarv to satis.fy the Toutn's obligations for proaision of suchhousing zohile sepørating the project from exis ting sin gle family residential districts. Policy 5.03 - Through development and implementation of various housing programs, enable the development of affordable housingatawide range of densities in a variety of locations. Policy 5.06 - Protect the long-term affordability of existing housing units built through the Town's affordable housing programs. Policy 6.02 - Give priority to developing vacant or underused land within the Town limits prior to extending development outside, unless the needs for housing and economic vitality require development that is difficult to achieve on an infill basis. Policy 6.06 - Implement the programs necessary to ensure that the Town of Danville receives its "return-to-source" funds from the sales tax revenues collected through County Measure ]. c. d. oÒ' h. e r. i. k. 1. PAGE 5 RESOLUTION NO.201"7-01. m. n. Policy 6.08 - Continue to implement a development mitigation program which ensures that development projects pay their share of the costs of local services (such as roads, parks, fire, police, sanitary sewer, water, and flood control facilities) associated with that development. New development projects may only be approved where the Town finds that adopted minimum performance standards will be observed. Subject to conditions of approaøl requiring, among other things, the payment of school impøct fees, pørk ønd trffic mitigøtion fees and contributing towards the construction of ø pedestrianþicycle bridge with associøted pathroays linking Diøblo Roød to the Tozttn Librøry/Community Center, the project obseraes øll applicable perþrmønce standards. Policy 7.10 - Consistent with the Housing Element of the General Plaru continue to expand housing opportunities for all income groups. As required by County Measure ], the Town will biannually report to the CCTA on its progress in providing housing opportunities, and its efforts to reduce the impacts of such housing on the transportation system. The project furthers the goøIs of the Housing Element, prouiding multi-family uses neør transportation. Policy 9.11, - Explore opportunities to reuse underperforming or underutilized commercial uses with more economically productive uses that are compatible in scale and character with their surroundings. Goal L1 Multi-Modal Circulation System - Provide a safe, efficient multi- modal circulation system. The project is required to dedicate easements, construct ø pøthway and pay touards construction of ø pedestriønþicycle bridge connecting Diablo Roød to the Toutn Library/Community Center. This neu access point to ciaic facilities and the dor.ontoun zoill greatly enhønce access for pedestrians and cy clists. Policy 11.03 - Implement physical and operational improvements to improve the transportation system. Such improvements should be: (1) consistent with the need to preserve the character of residential streets and neighborhoods; (2) sensitive to the requirements of bicycles and pedestrians; and (3) consistent with the goal of encouraging alternative modes of travel, whenever feasible. The project is required to dedicate easements, construct a pøthtoøy ønd pøy touørds construction tf ø pedestrianþicyclebridge connectingDiøblo Roød to the TorttnLibrøry/Community Center. This neru øccess point to ciaic facilities and the downtoutn uill greatly enhance øccess for pedestrians and cyclists. Policy 11,.06 - Create a connected circulation system in which it becomes easier to walk or bicycle from one point in Danville to another. On cul-de- sacs and dead-end streets, encourage pedestrian and bicycle paths that extend through to nearby streets, making it easier to reach destinations such as schools, parks, shopping, and public transit. The project is required to dedicøte easements, construct a pathruay ønd pøy toutards construction of a o p. q r PAGE 6 RESOLUTION NO. 201-7-01. pedestrianþicycle bridge connecting Diøblo Road to the Toun Library/Community Center. This neut ñccess point to ciaic facilities and the dountown wiII greøtly enhance access for pedestriøns and cyclists. s. Goal 12 Complete Streets - Create walkable neighborhoods and shopping areas, with streets that safely and comfortably accommodate pedestrians, bicyclists, and transit users as well as motor vehicles. The project is required to dedicøte easements, construct a pøthroøy ønd pøy toruards construction of ø pedestriønþicycle bridge connecting Diøblo Roød to the Tozun Librøry/Community Center. This nezo access point to ciaic føcilities and the doutntown will greatly enhønce access for pedestrians and cyclists. t. Policy \2.0'L - Design major roadways to function as "complete streets" which balance the needs of automobiles with the needs of pedestrians, bicyclists, transit users and other forms of travel. u. Policy 12.02 - Require design measures to accommodate access by pedestrians, bicycles, and transit within new development, and to provide connection to adjacent development. v. Policy 12.03 - Provide a pleasant and safe environment for pedestrian movement. w. Policy 12.05 - Limit the number of curb cuts and other access points along arterial streets to avoid congestion and improve traffic pedestrian safety. x. Policy 12.07 - Close the gaps in the Town's bicycle and pedestrian trail system in order to create a moÍe fully connected, logical, comprehensive system of facilities for non-motorized transportation. The project is required to dedicate easements, construct a pøthtuny ønd pøy touards construction of a pedestrinnþicycle bridge connecting Diablo Road to the Torun Library/Community Center. This neut nccess point to ciaic føcilities ønd the dountown uiII greøtly enhance access for pedestrians and cyclists. y. Policy 12.08 - Ensure the provision of adequate bicycle support facilities such as bicycle parking, at all major bicycle usage locations. z. Policy 12.11, - Recognize the benefits of walking and bicycling to public lrealth and the overall livability of Danville. Tlrc project is required to dedicøte eøsements, construct a pathtuøy and pay towørds construction "f a pedestriønþicycle bridge connecting Diablo Road to the Tozan Library/Community Center. This nero access point to ciaic føcilities and tLrc dountoutn will greatly enhance access for pedestrians and cyclists. aa. Policy 12.12 - To the extent permitted by law, ensure that the Town's transportation improvement fees may be used to support pedestriarç bicycle, and transit improvements as well as road improvements. bb. Goal L3 Transportation Choice - Create viable transportation alternatives to the single occupant automobile. cc. Policyl3.O5 - Create and maintain a safe, effective system of bikeways, including an integrated network of off-road bicycle trails, dedicated on- road bicycle lanes and signed bicycle routes along Danville streets. PAGE 7 RESOLUTION NO. 201.7-01. dd. Policy13.09 - Improve access to Downtown Danville for transit-dependent workérs, seniors, and persons traveling without an automobile. The bridge and pøthtuay reþrenced øbooe ruill proaide ø søfer, more direct meøns for pedestrians and cyclists to trøael.from the lron Horse Trnil and ciaic føcilities to Diablo Road. ee. Policy '1,4.02 - Require site-specific traffic studies for development that is likely to generate significant volumes of traffic. If such studies indicate that the development could cause the Town's transportation standards-to be exceeded, require modifications to the project andf or impose transportation improvements requirements which ensure that level of service standards are maintained. The project is required to contribute toutards ø potential future trffic signøl ruhich roould ensure better trffic flou along Diøblo Road. ff. Policy 1,4.03 - Maintain level of service (LOS) standards for Danville streets which balance vehicle speed and travel time objectives with other considerations, such as safety and comfort of pedestrians, bicyclists, and transit users. Standards may vary according to roadway function and the character of the surrounding uses. gg. Policy 14.05 - As a means of reducing peak hour trips, encourage owner/resident operated home occupations and telecommuting from home where the business is not perceptible from the exterior of the home. hh. Policy 15.03 - Require the design of streets in new development areas to incorporate traffic calming features. ii. Policy 17.14 - Enhance Danville's trail system by closing gaps in the existing system, providing adequate access points, and extending trails to achieve better connectivity to all areas of the town. The trail system should be logical, comprehensive and user friendly and should provide a variety of trail experiences, including opportunities for exercise, encounters with nature, and social walking.jj. Policy 17.15 - Public access easements shall be provided to designated public open space areas and along creeks and stream, where appropriate. \A/here appropriate and consistent with adopted trail plans, conditions of approval for new development should include requirements for land dedications and public access easements for trails. The bridge ønd easements described aboae will øssist in closing gaps in the trøil system along Søn Rømon Creek. kk. Policy 17.21, - Recognize the benefits of trails as an alternative transportation mode and integral part of the Town's strategy for reducing greenhouse gas emissions, as well as their role as a recreational amenity. 11. Policy 19.0-1, - Require new development to pay its fair share of the cost of civic and comrnunity facilities, based on the impacts attributed to that development. PAGE 8 RESOLUTION NO. 2017-01- ûun. Policy 20.05 - Continue to provide for flood control, protection from erosion and siltatiory and improvements to urbanrunoff as required by federal law. Continue to explore the recreational potential of flood control facilities and waterways, consistent with public safety and security, and stress aesthetic treatment of necessary facilities. The project utill be required to zaork uith the Contra Costø County Flood Control District to ensure continued søfety along San Rømon Creek. nn. Policy 2'1..10 - Require a biological assessment for development proposed on sites that are determined to have the potential to contain special-status species, sensitive natural communities, or wetland resources. Project conditions of øpproaøl require such a study. oo. Policy 22.01. - Maintain and enhance the natural quality of Danville's creeks, including the riparian vegetation along the banks. Setbacks should be maintained along creeks to maintain their natural appearance, reduce erosion and flood hazards, and protect their ecological functions. pp. Policy 22.02 Require qualifying new development projects and redevelopment projects to comply with the Municipal Regional Permit for stormwater control and treatment. qq. Policy 23.05 - Continue cooperative planning and implementation efforts at the countywide level to ensure that qualifying new development projects and redevelopment projects comply with the hydro-modification plan/program requirements imposed through the Municipal Regional Permit. rr. Policy 27.02 - Require acoustical studies for major residential and other development projects, as appropriate, and impose noise mitigation measures accordingly. ss. Policy 27.09 - Generally maintain exterior noise levels below 60 Ldn in areas where outdoor use is a major consideratiorL such as in residential backyards. Where the Town determines that this level cannot be achieved after reasonable mitigation has been applied, higher standards may be permitted at the discretion of the'I'own Council. In such cases, indoor noise levels should not exceed an Ldn of 45 dB. tt. Policy 27.11, - Ensure that the design of new development near major noise sources (such as Interstate 680) reduces the potential for future occupants to be exposed to high levels of noise. Development on such properties should incorporate appropriate noise mitigation measures. uu. Policy 27.13 - Utilize noise reduction measures during all phases of construction activity to minimizethe exposure of neighboring properties to excessive noise levels. vv. Policy 31,.06 - Require new and rehabilitated multifamily developments to provide on-site shared collection bins for recyclable and compostable waste. PAGE 9 RESOLUTION NO.2017-01. ww. Policy 32.06 - Encourage the use of permeable pavers for parking lots, driveways, walkways and other paved surfaces as a way to absorb stormwater, recharge the aquifer, and reduce urban runoff. xx. Policy 33.04 - During the development review process, impose appropriate mitigation measures on new development to reduce greenhouse gas emissions. yy. Policy 34.04 - Consistent with CEQA and the measures necessary to mitigate General Plan impacts, require site-specific air quality studies for future development under the Plan that includes sensitive receptors (such as schools, hospitals, daycare centers, or retirement homes) located within a designated buffer area along Interstate 680. zz. Policy 34.06 - Consistent with CEQA measures necessary to mitigate General Plan impacts, require indoor air filtration systems to reduce particulate concentrations to acceptable levels for projects where there would be a significant cancer risk exposure as defined by BAAQMD. Tree Removal Permit Request Based on the preliminary tree report prepared for the project, there are 42 trees withiry or adjacent to, the project site that qualify as "protected" trees and there are L3 trees that qualify as "heritage" trees, with four trees appearing on both lists and considered to be both "protected" and "heritage" trees. Based on the preliminary site plan and preliminary grading plaru project development would result in the removal of 20 "protected" trees and one "heritage" tree, being trees with an aggregate dimension at a trunk height oÍ. 54" of approximately 433" and including 19 London Plane trees, one Western Sycamore tree, and two Valley Oaks (12' and 24" in respective diameter). The precise locatiorç number, and makeup of "protected" trees and "heritagd' trees that would be removed as a result of the construction of the project will be determined fully prior to issuance of a grading permit or a building permit for the project. The removal of onsite "protected" trees and "heritage" trees whose location is in direct conflict with the approved project improvements is approved as part of the approval for DEV16-0014 based on the following findings set forth in Municipal Code Section 32-79.6: Necessit)¡. Removal of the "protected" and "heritage" trees is necessary to acconunodate the proposed residential development of the property, including the creation of a new roadway system, project at-grade parking, and grading to create the residential structures and associated podium parking garage. The project size, including the use of the podium parking garage,has been reduced as much as feasible given the permitted density and the state authorized density bonus. 1. PAGE 10 RESOLUTION NO. 2017-01 2. 3 Erosion/surface water flow. Removal of the "protected" and"heritage" trees will not cause significant soil erosion or cause a significant diversion or increase in the flow of surface water. The installation of mandated C-3 stormwater retention improvements (no such improvements currently exist on-site) along with planting of new trees and landscaping will minimize any potential erosion. Visual effects. The project site contains some number of existing trees that will be retained and is surrounded by a significant number of additional mature trees, including additional Town-protected Oak trees that would not be removed for the project. In additiory the project developer will be required to mitigate the loss of "protected" arrd "hetitage" trees that will be removed with trees of an approved species and of a cumulative number and diameter necessary to equal the diameter of the tree(s) which have been approved for removal in accordance with the Town's Tree Preservation Ordinance. Removal of the "protected" arrd "heritage" trees will not significantly affect off- site shade or adversely affect privacy between properties due to the site's topography, the other trees that would remain, the locations of the trees in relation to other properties, and the planting of new project trees. CONDITIONS OF APPROVAL Conditions of approaal with an asterisk ç"t"") itx the left-hand column are standard project conditions of approaal. Unless otherwise specified, the follouting conditions shøllbe complied uith prior to issuance of grading or building permits þr the project. Each item is subject to Town reuiew ønd øpproaal unless otherwise specified. A. GENERAL This approval is for Modified Final Development Plan request DEVL6-0014, with said approval also serving as authoizattonto remove "protected" and "heritage" trees to facilitate the development of the approved multifamily residential project. Development shall be substantially as shown on the project drawings and project studies as follows: (u) Preliminary Architectural Plans labeled "Riverwalk at Downtorn¡n Danville," depicting the proposed development as prepared by LCA Architects and consisting of 17 sheets dated November 22,2016. (b) Project Civil Engineering Drawings, depicting existing conditions and preliminary project plans for grading and drainage, utilities, stormwater control, and stormwater treatment analysis, as prepared by BKF Engineers, Surveyors and Planners and consisting of seven sheets and dated November 14,2016 or November 17,2016. 4. 1, PAGE T1 RESOTUTION NO.2017-01 2. 3 (.) Landscape Site PlarU as prepared by LCA Architects and consisting of one sheet dated September 20,201,6. This entitlement includes the authoization to deviate from otherwise applicable DBD Area 12 maximum building height standards and maximum floor area ratio (FAR) zoning standards, with said deviation authorized as concessions/waivers provided under State and local density bonus regulations. The project developer shall be responsible for the payment of all development processing fees and impact fees associated with the project and may seek offsets for the current use of the property as authorized by the applicable regulation or fee. The fee amounts to be paid shall be reflective of the fee schedules in effect at the time payment is made, with fees to be paid prior to issuance of grading or building permits. In addition to building permit plan check and inspection fees, notice should be taken of the following processing fee and impact fee categories that will be applicable to the project - with this listing not necessarily to be construed as a complete listing of applicable fees: (u) Improvement Plan Check Fee (3% of cost estimate) (b) Engineering Inspection Fee (5% of cost estimate) (.) Grading Plan Check,Inspection and Permit (d) Child Care Facilities - Residential ($1L5 per unit) (") Parkland In-lieu Fee - Residential (fi6,124 per unit) (f) Storm Water Pollution Program Fee ($228 per structure) (g) SCC Regional Fee - Residential (fi1,,349 per unit) (h) Residential Trans. Improvement Program Fee ($1,400 per unit) (Ð Tri-Valley Transportation Fee - Residential (92,951per unit) Prior to submittal for building permits, but in no case later than thirty days of the effective date of this approval, the project developer shall reimburse the Town for notifying surrounding residents and interested parties for notification of the public hearing for the project. The fee shall be $241..22 ($130.00 plus 134 notices at $0.83 per notice). Prior to any construction work on the site, including preliminary site clearing or site grading, the project developer shall install a sign (minimum dimensions of 3'x3') at the project entry which specifies the allowable construction work days and hours and lists the company name, phone number, and contact person for the overall project manager and for all contractors and sub-contractors working on the job. * * 4. 5 PAGE 12 RESOLUTION NO. 2017.01 7 6. 8. Prior to the issuance of grading or building permits, the project developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. The District's initial comments on this project are dated November 28,20'I-,6 were received by the Town in response to the Town's "Request for Comments" mailing of November L6, 201'6. [Note: See Advisory Comment #6 Íor District's advisory comments.] Prior to the issuance of building permits for the residential portion of the project, the project developer shall verify that payment of the applicable school impact fees have been paid to the San Ramon Valley Unified School District. The District's comments onthis project are dated December 1,2016 and were received by the Town in response to the Town's "Request for Comments" mailing of November 1-6,20L6. [Note: See Advisory Comment #5 for summation of the District's comments.l The project developer shall make payment of a fi2,21,6.25 California Department of Fish and Wildlife (CDFW) CEQA Environmental Document Filing Fee within four days of the effective date of the project approval, unless the project developer submits to the Town of Danville a written explanation as to the basis, under Cal. Code Regs., tit. L4, $S 15260-15333 and Fish & G. Code, S 71'1.4, subd. (dX1), that the project is exempt from paying filing fee. A copy of this written explanation shall concurrently be forwarded to CDFW. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site: (a) all land alteration work within 100 feet of the find shall be halted; (b) the Town of Danville Development Services Department shall be notified; and (c) a professional archeologist, certified by the Society of California Archeology andf or the Society of Professional Archeology, shall be notified. Site work in this area shall not occur until the archeologist has had an opportunity to evaluate the significance of the find and to outline appropriate mitigation measures, if they are deemed necessary. If prehistoric archaeological deposits are discovered during development of the site, local Native American organizations shall be consulted and involved in making resource management decisions. The developer shall provide security fencing, to the satisfaction of the City Engineer andf or the Chief Building Official, around the site during construction of the project. All security fencing shall be fitted with woven polyethylene privacy and windscreen fabric, 85% minimum closed mesh with grommets for securing to chain link fabric 9 10. PAGE 13 RESOLUTION NO. 201.7-01. ìk 11, tr 12. *13 14 A watering program, which incorporates the use of a dust suppressant and which complies with Regulation 2 of the Bay Area Air Quality Management ' District, shall be established and implemented for all on- and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. All physical improvements shall be in place prior to occupancy of any building in the project. If occupancy within the project is requested to occur in phases, all physical improvements serving that phase shall be required to be in place prior to occupancy, except for items specifically excluded in a construction-phases occupancy plan approved by the Danville Development Services Department. No buitding shall be occupied until heavy construction activity in the adjoining area is complete, the area to be occupied is determined to be safe, accessible, provided with all reasonably expected services and amenities, and is appropriately separated from remaining additional construction activity. As part of the initial submittal for the demolition permit andf or building permit review process (whichever occurs first), the project developer shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. This report shall list each condition of approval followed by a description of what the developer has provided as evidence of compliance with that condition. The report is subject to review and approval by the City Engineer, Chief of Planning, andf or Chief Building Official, and may be rejected if it is determined to not be comprehensive with respect to the applicable conditions of approval. The residential units developed in the project may be used for home occupation uses, as that activity is defined in Section 32-2.2 ("Words and Phrases Defined") of the Danville Municipal Code and as regulated in Section 32-22.5.b. ("Home Occupation" requirements) of the Danville Municipal Code. Any home occupation use established shall be clearly ancillary to the primary, residential use of the unit it is located within. Home occupation compliance reports shall be processed for each proposed home occupation through the Planning Division and business license applications shall be processed through the Finance Department before the home occupation use is established. Planning Division approval is required prior to final occupancy being authorized for any building in the project by the Building Division. *15. PAGE 14 RESOLUTION NO. 201-7.01- 16 17. 18. T9 B. SITE PLANNING The developer shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. This plan shall be subject to review and approval by the Danville Development Services Department prior to the issuance of a demolition permit, grading permit or building permit. No staging or storage shall occur in the public right-of-way or on publically owned property unless preauthorizationis secured from the Engineering Division through an encroachment permit. No post-completion exterior modifications to buildings established in the project shall occur without prior review and approval of a Revised Modified Final Development Plan application, which may be processed as an administrative permit if the Danville Development Services Department determines the request does not constitute a significant alteration to the affected building. Prior to the issuance of grading permits, the project developer shall retain a specialist to assess rodent control impacts anticipated to be associated with grading activity and installation of project improvements. As deemed necessary, following the Planning Division's review of the specialist's assessment, the project developer shall develop and implement the corresponding rodent control plan to reduce impacts to surrounding properties to the extent reasonably possible for the time periods of heavy construction activity. The report shall include a schedule for regular rodent inspections and mitigation based on the development schedule for the project. This rodent control,plan is subject to review and approval by the Planning Division. The project developer shall be responsible for washing the exterior of abutting residential and office structures and cleaning pools, patios, etc. at the completion of project mass grading activity. The structures to receive cleaning, the extent of the cleaning efforts to be performed, and the timing of such cleaning shall be subject to review and approval by the Planning Division. Exterior wall-mounted lighting shall be at the minimum lighting intensity nece'ssary to provide adequate lighting for safety and security purposes. Project light fixtures shall be of a design that generally screens the view of the light source and provides down-directed lighting. Prior to the issuance of building permits, the project developer shall submit a photometric plan as part of the lighting plan that indicates lighting locations and fixture 1 PAGE 15 RESOLUTION NO. 2017-01. 2. details and provides the corresponding photometric information. This plan shall be subject to review and approval by the Danville Development Services Department and the Design Review Board (DRB). If required by the Planning Divisionandf or the DRB, field modifications found necessary to prevent inappropriate levels of off-site light intrusion andf or glare shall be made. The location of any pad mounted electrical transformers, if different than shown on the plans referenced in Condition 4.1 above, shall be subject to review and approval by the Danville Development Services Department and DRB prior to the issuance of a building permit. Unless determined not feasible by these reviewing bodies, such transformers shall not be located between any street and the front of a building and shall be adequately screened and mitigated with appropriate landscaping. The raised center landscape rnedian proposed for inclusion in western project entry driveway off of Diablo Road shall be modified to eliminate conflicts with existing parking spaces along the eastern edge of the western entry driveway. Except for use of a short raised landscape median at both the north and south extents of the western project entry driveway, which may be constructed to provide a physical expression of the separation of entry and exit driveways, the area between the entry and exit driveways shall be accent paving provided at the same grade level as the abutting driveways. The layout of the raised landscape medians and accent paving shall be subject to review and approval by the Planning Division as part of the review of the Final Landscape and lrrigation Plans. 3 t( C. LANDSCAPING 1 tç 2. Final Landscape and Irrigation Plans (Landscape Plans), with planting shown at 1" =20' scale, shall be submitted for review and approval by the Danville Development Services Department and DRB. The plan shall include coûrnon names of all plant materials and shall indicate the size that various plant materials will achieve within a five-year period of time. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. The irrigation system shall comply with East Bay Municipal Utility District's Section 3L Water Efficiency requirements, including use of a weather-based controller with soil moisture probe and rain-shutoff switch. The Final Landscape and Irrigation Plans submitted for the Project shall be accompanied by a written report prepared by the Project Landscape tr 3. PAGE 16 RESOLUTION NO. 201.7-01. * tç 4 5 Architect documenting how the plans comply with applicable outdoor water-use efficiency recoÍrnendations and requirements in place at the time of their submittal. The report shall, at a minimum, speak to conformance to applicable East Bay Municipal Utility District (EBMUD) recornmendations and requirements and the State of California Department of Water Resources requirements that would pertain to the project regarding the Water Conservation in Landscaping Act oÍ2006 (AB 1881). All trees shall be a minimum of 15-ga11on container size. All trees shall be properly staked. All shrubs used in the project which are not used as ground cover, shall be a minimum of five gallons in size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover areas shall be planted and maintained so that they fill in the affected landscape areas within a two year period. The project's Final Landscape and Irrigation Plan shall detail the planned adjustments to edge project grading and edge project fencing andf ot retaining wall improvements along the western edge of the project at the shared Janlois Apartments/Danville Office Partners, LLC (DOP) property line. The presence of existing encroachment of improvements into the DOP property appear to have the potential to affect the functionality of the proposed public pedestrian easement and sidewalk and landscaping improvements shown on the project plans along the west side of the project site (e.g., there are existing mature trees shown to occupy the same alea shown to be a pedestrian walkway). The project developer shall be responsible, through the implementation of the approved project Final Landscape and Irrigation Plan, to address and remove, as necessary and appropriate, the existing encroaches to assure the functionality and aesthetic desirability of the improvements for the planned public pedestrian walkway improvements. ARCHITECTURE 1 All ducts, meters, air conditioning andf or any other mechanical equipment, whether on the building or on the ground, shall be effectively screened from view with landscaping or materials architecturally compatible with the main buildings. TrastU refuse and recycling shall be contained within trash/recycling enclosures that are architecturally compatible with the project architecture. Unless otherwise authorized by the Planning Divisioru the enclosure design 6. D * 2 PAGE 17 RESOLUTION NO.2017-0\ tr J. 5 4 and location shall be substantially as depicted on the project drawings cited in Condition of Approval #A.L.a., above. The trash/recycling area shall have lockable and self-closing doors. Prior to initiating the application for building permit, the project developer shall document to the Town's satisfaction that adequate coordination has been made with the project site's solid waste purveyor to verify that the planned trash/recycling areas are appropriately sized and located to handle projected trash and recycling generation levels for the project. The trash/recycling area shall be designed so as not to allow stormwater run-off to enter the area from adjacent surfaces nor to allow wastewater originating from the area to seep outside the area. The area drains for the trash/recycling areas shall be connected to the sanitary sewer, not the storm drain system. The trash/recycling enclosures shall be equipped with a hot/cold water supply. The project trash/recycling program shall include provision for on-site shared collection bins for compostable waste. Prior to the issuance of building permits, the proposed method to denote street numbers for the approved structures and the individual residential units in the project shall be submitted for review and approval by the Planning Division. Street numbering of the approved structures shall be posted so as to be easily seen from the street at all times, day and night by emergency service personnel. If project entry signage for the development is desired, a Sign Review permit shall be submitted to the Town for consideration under a separate application prior to sign installation. Samples of final materials and the proposed color palette shall be submitted for review and approval by the Design Review Board (DRB) prior to the issuance of building permits for new construction. Color mock-ups shall be made available at the project site prior to scheduling the project buildings for final DRB review. The second phase of the project's linear review of preliminary architectural design shall provide for a review and approval of architectural elevations, details and revisions (as well as design specifications, materials, height, etc. for the coÍìmon boundary structure on the western side of the property abutting the Janlois property.by the Design Review Board (DRB) a minimum of forty-five days prior to developer-initiation of the building permit plan check process. This layer of review shall provide project architectural details as called for by the Danville Design Review Board Submittal Requirement Checklist (as revised April 2000). The project architectural sections developed and submitted for review shall include, at 6. PAGE 18 RESOLUTION NO.201.7-01. 7 a minimum, twelve representative building sections for the project as mutually selected by the Planning Division and the Project Architect. In advance of submittal for the second phase of the projecfs linear review of preliminary architectural desigru the developer is encouraged to incorporate design features into the project that add further architectural interest and detailing. Examples of items that would add the desired architectural interest and detailing include: (a) integration of unique project signage into project architecture; (b) recessing of windows at second and third floors; (c) use of a pool or water feature as a focal feature in one or both of the central pedestrian courtyard areas; (d) use of custom designed light fixtures; (e) use of high-end/elegant architectural pottery; (f) use of a substantial trellis as an entry treatment to some or all of the pedestrian courtyard areas; (g) selective second floor building setbacks (to further break up building massing and in addition to third floor building setbacks depicted on the approved project plans); (h) introduction of landscape planting (e.g., vines) on selected ground floor building elevations; (i) variation in building plane where exterior building material changes occurred; and O use of recesses between top of wall and parapet roof features. As an enhanced architectural detail and to serve as a traffic calming design feature, the three-way driveway intersection of the onsite driveway system at the south side of the 60' width entry driveway shall be developed as a raised intersection box with enhanced paving details. The design of the raised intersection and the abutting pedestrian walkway crossings of the affected project driveways shall be subject to review and approval by the Transportation Division and the Planning Division. Final architectural elevations, details and revisions, presented in construction plan detail, shall be submitted for review and approval by the DRB prior to issuance of building permits for the project. Ten full size sets of progress construction drawings for the project shall be submitted for the review. This review, which shall follow completion of the second phase of the project's linear review of preliminary architectural design described in Conditions of Approvals D.6. andD.7., above, may be concurrent with the plan check review of building permits for new project construction. Unless otherwise directed through building code regulations, roof vents established on the residential buildings which are visible from the surrounding public or private roadway system shall be limited to 1ow profile roof vents. All residential roof vents shall be painted a color to blend with the roof and shall be painted with a flat finish tr 8. 9 *10 PAGE 19 RESOLUTION NO.2017-01. 11,. 12. 13. E. PARKING 1 tr 2. ,r 3. 4. In conjunction with the preparation of the final working drawings for the residential buildings, to the extent feasible, efforts shall be made to maximize the size of individual storage areas available to all project residential units. The exact locatiory size and configuration of the storage areas shall be subject to review and approval by the Planning Division prior to the issuance of building permits. To the extent feasible, the project developer shall install bicycle storage facilities serving the project. The exact locatiort size and configuration of the bicycle storage facilities shall be subject to review and approval by the Planning Division prior to the issuance of building permits. The design of the project buildings shall be modified as may be necessary to hold the building heights of the buildings to a maximum height of 37 feet. An exception to the approved maximum building height is granted for an elevator tower and, as may be required, for a roof access for each of the approved buildings. *All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles and to avoid narrowing abutting walkways to an inappropriate clear width dimension. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking. Compact spaces shall be no less than 8 feet by 1,6 feet in size, inclusive of an allowable 2 foot maximum overhang. Regulatory signage / curb painting for non-parking sections of the interior roadways shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the Transportation Division. The project developer shall work with the Engineering Division and the Transportation Division and the appropriate transit agency to determine if new or alternate bus stop locations along the south side of Diablo Road in near proximity of the project site are warranted with the redevelopment of this property. If new or alternate bus stop locations are deemed warranted, then all necessary improvements shall be the developer's responsibility to install. PAGE 20 RESOLUTION NO.201.7.01. F * GRADING 1 2. J 4 * Any grading on adjacent properties will require prior written approval of those property owners affected. At least one week prior to commencement of demolition or grading activities, the project developer shall post the site and mail to: (a) the owners of property within 300 feet of the exterior boundary of the project site; (b) the business owners of businesses within 300 feet of the project boundary; and (c) the Planning Divisiory a notice that construction work will be corrunencing at the project site. The notice shall include the appropriate list of project contact persons, indicating name, title, phone number and area of responsibility of such persons. The person responsible for maintaining the list shall also be indicated on the notice. The notice shall be kept current at all times, posting the persons with authority to initiate corrective action in their area of responsibility. Where geotechnical conditions encountered in grading operations and/or site preparation work are different from that anticipated in the preliminary geotechnical report or the design-level geotechnical exploration, a revised report shall be prepared and submitted for review and approval by the Engineering Division. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. All development shall comply with Danville Ordinance 2004-06 (which added Chapter 20 to the Danville Municipal Code relating to Stormwater Management and Discharge Control). All development shall also comply with the Municipal Regional Permit 2.0 (MRP), adopted by the State Water Resources Control Board in November, 2015. These regulations require, among other things, that a Stormwater Pollution Prevention Plan (SWPPP) be prepared by a Qualified SWPPP for submission to the State of California via the on-line Storm Water Multi-Application Reporting & Tracking (SMARTS) system. No land-disturbing activity shall occur until a Notice of Intent (NOI) is filed and a Waste Discharge Identification (WDID) number is issued by the State of California. A copy of the NOI, including the WDID number and attached SWPPP, shall be kept at the site at all times, with a copy provided to the Engineering Division. The requirements of the S\¡VPPP and all other Permit Registration Documents shall be fully implemented during land-disturbing activities. To adequately mitigate the shaking effects associated with a moderate to high earthquake within the San Francisco Bay region, all project buildings ,r tr 5. PAGE 21 RESOLUTION NO. 2017.01 tr tç 6. 8. 9 7 shall, at a minimum, be designed using sound engineering judgment and the California Building Code requirements applicable at building permit submittal. Buildings shall be designed to reflect the project site's Seismic Site Classification and shall provide for the soil profile and seismic coefficients cited in a project-specific geotechnical report. Prior to submittal for project building permits, a design-level geotechnical exploration of the project site shall be made that shall include soil sampling and laboratory testing for the evaluation of the expansion potential of soils present at the site. Mitigation measures called for in that report for both general site improvements and for structure foundation design shall be followed to mitigate potential impacts resulting from the presence of expansive soils. Prior to commencing drilling activities for any soil borings associated with the geotechnical investigation (or any environmental investigation andf or cleanup) a permit from the Contra Costa Environmental Health Division shall be secured. The design-level geotechnical exploration shall be of a sufficient scope and detail to document whether compressible soil layers are present at the project site. As dictated by the findings of that report, project foundation design utilized in the project shall be as necessary to mitigate potential total or differential settlement of compressible soil layers as a result of planned loading at the surface associated with new buildings and/or fill. An evaluation of the site's soil corrosion potential shall be determined through the preparation of a soil corrosion study, which shall be integrated into the designJevel geotechnical exploration and shall be prepared by a corrosion consultant. The soil corrosion study shall be subject to review and approval by the San Ramon Valley Fire Protection District and the Engineering Division. As dictated by the findings of that study, site-specific design measures shall be developed and implemented to protect buried pipelines and other infrastructure elements against corrosion. If toxic or contaminated soil is encountered during construction, all construction activity in that area shall cease until the appropriate action is determined and implemented. The concentrations, extent of the contamination and mitigation shall be determined by the Contra Costa County Health Department. Suitable disposal andf or treatment of any contaminated soil shall meet all federal, State and local regulations. If deemed appropriate by the Health Department, the project developer shall make provisions for immediate containment of the materials. Runoff from any contaminated soil shall not be allowed to enter any drainage facility, inlet or creek. PAGE 22 RESOLUTION NO.2017-01 * * tr * * 10 11 STREETS 1, 2. J. 4. 5 All stockpiles of debris, soil, sand or other materials that can be blown by the wind shall be covered. Any abandoned wells (water, environmental, or geotechnical) and septic tanks shall be destroyed under permit from the Contra Costa Environmental Health Division (CCEHD). If the existence of such wells or septic tanks are known in advance or discovered during construction or other activities, these shall be clearly marked, kept secure, and destroyed pursuant to CCEHD requirements. G *The project developer shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. Traffic signs and parking restriction signs, which may be required to be installed, shall be subject to review and approval by the Transportation Division and the Police Department. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is prohibited. A.y damage to street improvements now existing or done during construction on or adjacent to the project site shall be repaired to the satisfaction of the Engineering Division by the developer. As determined warranted by the Engineering Division, such repair may include slurry seal; pavement overlay; andf or street reconstruction. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards andf or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Danville Municipal Code. At the time project improvement plans are submitted, the developer shall supply to the Engineering Division an up-to-date title report for the project site. tr 6. PAGE 23 RESOLUTION NO. 2017-01. *7 8. Appropriately designed and constructed disabled access ramps shall be provided at all pedestrian street and driveway crossing locations, as required by the Engineering Division or the Building Division. The developer shall fund all Town costs and shall prepare all necessary documents associated with the Town's abandonment of the public interest in the offer of dedication for street and highway and incidental purposes/ to Contra Costa County, recorded September 2,1977 as Series No. L24124 in Book 8492, Page 611. of Official Records. The project developer shall be responsible for the installation and maintenance of a five-foot minimum width public pedestrian walkway extending along the western edge of the project development area. The o415' long walkway shall extend from the back edge of sidewalk in the public right-of-way at the property's northwestern frontage along Diablo Road to the top-of-bank for San Ramon Creek at the southwest corner of the project development area. The walkway shall be contained within a public pedestrian easement that extends a minimum of eight feet into the property from the western edge of the project development area. The public pedestrian easement shall be widened to a minimum width of 30' from the western edge of the property within =30' of the north top-of-bank for San Ramon Creek at the southwest corner of the project development area. The public pedestrian easement shall maintain this same width to the southern edge of the property (mid-slope of the northern bank slope of San Ramon Creek). The project developer shall offer a non-revocable offer of dedication for the public pedestrian easement and for the associated construction easements necessary to construct the planned pedestrian bridge across San Ramon Creek to connect the project site to the Danville Library/Community Service Center at the south side of the creek. The walkway and associated landscape and irrigation improvements are subject to review and approval as part of the Town's review of the Final Landscape and Irrigation Plan. The walkway and associated landscape and irrigation improvements shall be the responsibility of the property owner to maintain and shall be installed prior to the initial residential occupancy in the apartment project. A public pedestrian easement shall also be created covering appropriate sidewalk and drive aisle areas to allow public pedestrian access from the southwest corner of the development area to the southeast corner of the development area, with the intent of allowing public pedestrian access to walk parallel to the top-of-bank for the north side of San Ramon Creek for the entire project frontage of San Ramon Creek. The construction costs for installation of the pedestrian walkway shall be included in the reimbursement agreement or benefit district provided for in Condition G.12 below. 9 PAGE 24 RESOLUTION NO. 201.7-01. Consistent with the requirements of the Diablo Gateway Special Concern Area set forth in the 2030 General Plaru the project development plans shall make provision of an appropriate public access easement and the provision of corresponding pedestrian pathway improvements extending from the southwestern corner of the development area to the southeastern corner of the development area which are determined by the Town to be adequate in layouf width; and physical improvements to accommodate the provision of the need for public pedestrian easement movement running parallel to the property's entire creek frontage along San Ramon Creek. Consistent with the Diablo Gateway Special Concern Area provisions of the 2030 General Plary project development plans shall make provision for a pedestrian bridge crossing of San Ramon Creek, with such crossing to allow an enhanced connection between the Danville Library and Community Center and Old Town Danville to that portion of the Downtown Master Plan lying north of San Ramon Creek. Fifty percent of the cost of the bridge shall be the responsibility of the Town, fifty percent the responsibility of development occurring in the Diablo Gateway Special Concern area. The project developer shall be pay the 50% of the current project estimate for the bridge crossing (i.e., not to exceed fi202,125 of the projected cost for CIP No. C-596 - San Ramon Valley Creek Footbridge at Danville Green). Prior to payment of the fee, the Town shall create a reimbursement agreement or benefit district to ensure that the project applicant receives reimbursement for the cost of the bridge as subsequent development occurs in the Diablo Gateway Special Concern area. H. INFRASTRUCTURE 1 Domestic water service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. The District's initial comments on this project are dated November 2'1,,20'1,6 and were received by the Town in response to the Town's "Request for Comments" mailing of November 1,6,20'l'6. [Note: See Advisory Comment #3 at the end of the conditions of approval for summation of the Districfs comments.] *2 All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District. The District's initial comments on this project were received as an email received from the District dated December 2,201,6, received in response to the Town's "Request for Comments" mailing of November16,201,6. [Note: 10. 11. * PAGE 25 RESOLUTION NO. 201.7.01. ,r tr * 5tç 6tr 7* 3 4. 8. 9 See Advisory Comments #1 and #2 at the end of the conditions of approval for summation of the District's comments.] Drainage facilities and easements shall be provided to the satisfaction of the Engineering Division and the Contra Costa Flood Control and Water Conservation District. Stormwater entering or originating within the project site shall be collected and conveyed via an approved storm drain facility to the nearest adequate man-made drainage facility or adequate natural watercourse, without diversion of the watershed (unless otherwise authorized by the City Engineer), in accordance with the Preliminary Stormwater Control Plan; the C-3 Provision of the adopted Municipal Regional Permit; and as determined by the Engineering Division. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. No concentrated drainage shall be permitted to surface flow across sidewalks. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. If a storm drain must cross a property line it shall be contained in an easement whose width shall be equal to or at least double the depth of the storm drain. The project developer shall furnish proof to the Engineer Division of the acquisition of all necessary rights of entry, permits andf or easements for the construction of off-site temporary or permanent road and drainage improvements. All new utilities required to serve the development shall be installed underground in accordance with the Town policies and existing ordinances. All utilities shall be located and provided within public utility easements, sited to meet utility company standards or in public streets. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. * *10. PAGE 26 RESOLUTION NO.2017-01" I. TRAFFIC IMPACTS Policy 1,4.02 of the Danville 2030 General Plan states: "Require site-specific trffic studies for deaelopment thøt is likely to generate significønt aolumes of trffic. If such studies indicøte thøt the deaelopment could cause the Town's transportøtion støndards to be exceeded, require modifications to the project ønd/or impose transportation improaements requirements zuhich ensure thøt leael of seraice standørds øre maintøined." Such analysis must be consistent analysis consistent with Contra Costa Transportation Authority's Technical Procedures. In addition to Policy 1,4.02 of the Danville 2030 General Plan, the project site is subject to the following directive contained in the Diablo Gateway Special Concern Area text of the Danville 2030 General Plan: "Proaisions for shared ingress ønd egress. As there are multiple parcels along the south side of Diablo Road, coordinating access into contiguous properties and cross access between these properties should be pursued. Future traffic studies should determine the optimal location for ingress and egress points and the need for furning lanes and other improvements along Diablo Road. Interim solutions may be considered if development is phased." A traffic impact analysis was prepared and submitted for the ROEM Development Corporation (ROEM) project, the project application preceding the current application from Danville Office Partners, LLC (DOP). The analysis was prepared by LSA Associates, Inc. and dated JuIy 27,2015. A second revision of the traÍfic impact analysis was prepared and submitted by LSA Associates,Inc., dated May 12,2016 for the current application. The traffic impact analysis was presented to the Planning Commission on January 24,2017. With the Planning Commission determining the traffic impact analysis inconclusive, the applicant was directed to revise and resubmit the traffic impact analysis. A third revision of the traffic impact analysis was then prepared by LSA Associates, Inc. and, at the direction of the Town, was distributed for an independent third party peer review. With the third party peer review complete, the traffic impact analysis dated February 22, 2017 lrras been determined complete and accepted by the Town. The project developer shall be responsible for the following conditions of approval related to traffic safety and circulation: 1. At the direction and approval of the City Engineer, project developer shall be responsible for the installation of "KEEP CLEAR" traffic signage and pavement markings on Diablo Road at the two project driveway locations as follows: PAGE 27 RESOLUTION NO. 2017.01. Diablo Road/Project Driveway 1- eastbound travel lane Nos. '1-, and2: Diablo Road/Project Driveway 2- eastbound travel lane No.2. Project developer shall be responsible for full reimbursement of costs incurred for the third party peer review of the traffic impact analysis and shall make this reimbursement to the Town within thirty days of the effective date of this approval. J. TREE PRESERVATION AND REMOVAL Policy 21,.06 of the Danville 2030 General Plan states: "Discourøge øctiuities that would harm the heølth of existing trees. Preaent the unnecessary remoaal ønd alterøtion of such trees, including "protected" trees as defned by the Town's Tree Preseraøtion Ordinønce and other trees thøt contribute to thn scenic beøuty of the town. Public and priaøte improaements should be designed to minimize the remoaal of mature trees, regardless of species. If remoaal is necessøry, trees should be repløced with øn øppropriate number ønd species." The preservation of protected and heritage trees is also addressed in the Town's Tree Preservation Ordinance, Municipal Code Chapter 32-79. The Town has received the following documents regarding tree preservation: A biological resources assessment study prepared by LSA Associates (dated luly 23,2015). An "Existing Conditions" analysis prepared by LCA Architects (dated July 23, 2015), which is based on a document entitled "373 Diablo Road Apartments Tree Survey" prepared by Gates and Associates. The project plans and the cited study and analysis show that there are a total of L25 trees on the site, of which 42 are "protected" trees and L3 are "heritage" trees, as defined by the Danville Tree Preservation Ordinance (Municipal Code Chapter 32-79). A total of four trees appeared on both lists as they qualified as both "protected" and "heritage" trees. The documents submitted show that 21, protected trees will be removed as part of the project. At least 90 days prior to the initiation of a grading permit application process for the project, the applicant shall submit to the Town an updated Tree Report, including a tree survey, (consistent with Municipal Code Section 32-79.5b) reflecting the following: The final approved layout of the project, including the approved landscape plan; The final approved C-3 stormwater treatment facilities; 2. a O o a PAGE 28 RESOLUTION NO. 2017.01 a The direction from the Contra Costa Flood Control and Water Conservation District (CCFC&WCD) to remove select trees located in the existing CCFC&WCD flood control easement or their restrictions on new or replacement tree planting in the existing or modified flood control easement area in proximity to the top-of-bank along San Ramon Creek. The need to address offsite "protected" aÍtd"heritage" trees which have >\5o/o of their dripline area overlapping into the project site. a 1. Consistent with the requirements of the Town's Tree Preservation Ordinance, the updated report shall identify the steps necessary to ensure the health and safety of protected and heritage trees to be retained. This updated report shall be subject to a third party consultant review selected by the Town if determined necessary by the Town. The cost of the third party review shall be borne fully by the developer. To compensate for the proposed removal of Town-protected trees, the project developer shall assule the implementation of the following measures: a.The project developer's Consulting Arborist shall calculate the total inches of diameter of Town-protected trees to be removed, as of the date of the grading permit application (i.e., the "Total Inches"), and submit that calculation to the Planning Division. The project developer shall be required to replace the Town-protected trees to be removed with a number and size of oak trees (or approved alternate species) equal to the total inches of the diameter of the trees to be removed. The required tree mitigation planting shall be in addition to the project trees otherwise required to be planted as part of the projecf s landscape plan. It is anticipated that tree mitigation planting cannot be wholly accommodated onsite. The tree mitigation planting conducted on site shall be 24-inckr box size trees, which shall receive a credit of four-inches per tree toward the total mitigation planting requirement or 15-ga11on size trees, which shall receive a credit of two-inches per tree toward the total mitigation planting requirement. Tree mitigation planting that cannot be accoÍìmodated onsite shall be handled through the project developer's payment of an inJieu fee, which shall be made payable to the Town of Danville. This in-lieu fee shall be in the amount of $135.00 per off-site mitigation tree. This mitigation fee is based on a $135.00 installed cost per lS-gallon tree indicated in recently approved Town-sponsored capital improvement projects. The in- lieu mitigation funds received by the Town will be applied to an b PAGE 29 RESOLUTION NO. 201.7.01. account chosen by the Town for use by the Danville Maintenance Department staff to allow the purchase and planting of beautification trees within the Town of Danville. As site construction activity is proposed to occur in the direct vicinity of the on-site and off-site protected trees which are not approved for removal, a security deposit in the amount of the assessed value of the trees (calculated pursuant to the Town's Tree Protection Ordinance) shall be posted by the project developer with the Town prior to the issuance of a grading permit to maximize the probability that the affected trees will be retained in good health. The project developer shall be required to secure an appraisal of the condition and value of all such potentially affected trees. The appraisal shall be done in accordance with the current edition of the "Guide for Establishing Values of Trees and Other Plants," by the Council of Tree and Landscape Appraisers under the auspices of the International Society of Arboriculture, The appraisal shall be performed by a Certified Arborist, and shall be subject to review and approval by the Chief of Planning. A tree preservation agreement shall be prepared and shall be submitted for review and approval by the Planning Division that outlines the intended and allowed use of funds posted as a tree preservation security deposit. That portion of the security deposit still held by the Town two full growing seasons after project completion shall be returned upon verification that the trees covered by the deposit are as healtþ as can be provided for under the terms of the approved tree preservation agreement. K. BIOLOGICAL RESOURCES Policy 2'1,.10 of the Danville 2030 General Plan states: "Require abiological assessment for deaelopment proposed on sites that øre determined to haae the potentiøI to contain special-støtus species, sensitiae naturøl communities, or zttetlønd resources." The Town received a biological resources assessment study prepared by LSA Associates, Inc. (dated July 23,2015). In order to ensure compliance with Policy 21,.10 and applicable regulatory standards, the following conditions shall apply: 1". Prior to the start of constructiory the project developer shall retain a qualified biologist to train all construction personnel regarding habitat sensitivity, identification of special status species, and required practices. Prior to the start of constructiory the project developer shall retain a qualified biologist to conduct pre-construction surveys to ensure that western pond turtle (CRLF) are absênt from the construction area. If CRLF are presertt, a qualified biologist possessing all necessary permits shall 2. 2. PAGE 30 RESOLUTION NO. 2017-01. 3. 4. relocate them or they shall be allowed to move out of the construction area on their own. Immediately following the pre-construction surveys and a determination that western pond turtle (CRLF) are not present in the construction zone, the construction zone shall be cleared and silt fencing erected and maintained around construction zones to prevent CRLF from moving into these areas. If western pond turtles are found to be absent from the construction zone, immediately following the pre-construction surveys the project developer shall clear the construction zone and install/maintain silt fencing around the construction zone to prevent western pond turtles from entering these areas. A qualified biologist shall conduct a pre-construction survey for nesting migratory birds and tree- and ground-nesting raptors in all line-of-site trees, vegetation, or ground squirrel burrows occurring within 250 feet of construction activities. Preconstruction suÍveys shall also be conducted prior to tree trimming or tree removal. These surveys shall be conducted within 30 days of the first ground disturbance if construction activities occur during the breeding season (i.e., between February to August) of nesting migratory birds and tree- and ground-nesting raptors. If more than 30 days elapses between the survey and commencement of site disfurbance activity, the survey shall be repeated. To the extent practicable and feasible, trees planned for removal shall be removed during the non-breeding season for tree-nesting raptors and other tree- or ground-nesting migratory birds (i.e., the period from September 1 through January 31). If it is not feasible to avoid tree removal or other disturbances during the breeding season (i.e., the period from February L through August 31), a qualified biologist shall conduct a pre-construction survey for tree-nesting raptors and other tree- or ground-nesting migratory birds in all trees or other areas of potential nesting habitat within the construction footprint and within 250 feet of the footprint, if such disturbance would occur during the breeding season. This survey shall be conducted no more than 1,4 days prior to the initiation of demolition/construction activities during the early part of the breeding season (i.e., the period of February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (i.e., the period of May through August). If nesting raptors or migratory birds are detected on the site during the survey, a suitable construction-free buffer shall be established around all active nests. The 5. 6. PAGE 31 RESOLUTION NO. 2017-01. precise dimension of the buffer (up to 250 feet) shall be determined at that time and may vary depending on location and species. Buffers shall remain in place for the duration of the breeding season or until it has been confirmed by a qualified biologist that all chicks-have fledged and are independent of their parents. Pre-construction surveys during the non- breeding season are not necessary, as the birds are expected to abandon their roosts during construction activities. To prevent sediments associated with construction activity from entering San Ramon Creek and its riparian woodland vegetation and to deter western pond turtles (VVPT) or Alameda whipsnakes (AW) from accessing the project site from the creek area, a silt fence shall be installed along the southern boundary of the construction zone (i.e., at the top of bank along the northerly banks of San Ramon Creek for the length of the property's interface with the creek). Prior to the placement of the silt fence a pre- construction survey shall be conducted to ensure that \¡VPT and AW are absent from the construction area. If WPT or AW are present, a qualified biologist possessing all necessary permits shall relocate them. L. STORMWATER CONTROL PLAN Policy 22.02 of the Danville 2030 General Plan states: "Require quølifying neu deaelopment projects and redeaelopment projects to comply uith the Municipal Regionøl Permit for stormutøter control ønd treatment." A variety of project conditions of approval have been incorporated into this approval that provide direction as to requirements needed to be met prior to the issuance of project building permits. The applicable conditions of approval ("COAs") include: COA #F.4; COA #H.4; COA #Q.5; and COAs #Q.11 through #Q.17. M. SOILS AND GEOLOGIC REPORT Policy 24.03 of the Danville 2030 General Plan states: "Require soils ønd geologic reports for øll projects proposed in scenic hillside deaelopment areøs, as defined by the ToTDn's Scenic Hillside and Major Ridgeline Deaelopment Ordinønce, and in other øreas where the potential þr løndslides, liquefaction, subsidence, or seaere ground shøking exists. Assure that deaelopment in these øreas mitigates potential landslide høzards ønd other geologic hazards." Policy 24.10 of the 2030 General Plan states: "Require submittal of ø Geotechnicøl report by a qualified engineering geologist, that specifies the location of actiae føults, ønd recommends appropriøte setbøcks prior to construction of any structure intended for human occupancy uithin the Alquist-Priolo Føult Zone." 7 PAGE 32 RESOLUTION NO. 2017-01. A variety of project conditions of approval have been incorporated into this approval that provide direction as to requirements needed to be met prior to the issuance of project building permits. The applicable conditions of approval ("COAs") include: COA #G.3; and COAs #G.5 through#G.9. N. ENVIRONMENTAL NOISE Policy 27.02 of the Danville 2030 General Plan states: "Require øcousticnl studies for møjor residential ønd other deaelopment projects, øs øppropriøte, ønd impose noise mitigation measures øccordingly." Policy 27.1'1, of the 2030 General Plan states: "Ensure that the design of nezo deaelopment near møjor noise sources (such as Interstate 680) reduces the potential for future occupants to be exposed to high leaels of noise. Deuelopment on such properties should incorporate appropriøte noise mitigation meøsures." Policy 27.13 of the 2030 General Plan states: "Utilize noise reduction meøsures during ølI phases of construction øctiuity to minimize the exposure of neighboring properties to excessiae noise leaels." In addition to the three cited policies from the Danville 2030 General Plan, the project site is subject to a noise-related directive contained in the Diablo Gateway Special Concern Area text of the Danville 2030 General Plaru which reads as follows: "The minimum building setback requirements shall be as established through a site-specific Final Development Plan approval. Development shall set back from the I-680 freeway to the extent feasible to mitigate potential impacts associated with freeway noise, vibration, andf or air quality." An environmental noise study was prepared by LSA Associates (dated ]uly 201-5). Based on that study, which reviewed potential impacts associated with the proposed ROEM project, which had potentially different noise characteristics due to the design of that project (i.e., the four-story above-grade parking structure occupying the eastern third of the project site), the following conditions of approval shall apply: Noise: Unless determined unnecessary by the updated environmental noise study, the project shall be subject to the following measures to address and minimize impacts associated with project-facilitated construction noise: a. ConstructionSchedullng. Noise-generatingconstructionactivityshall be limited to the hours between 7:30 a.m. to 5:30 p.m., Monday through Friday, and project construction activity is prohibited on PAGE 33 RESOLUTION NO. 2017.01. '1, b. Saturdays, Sundays and holidays, unless authorized in advance by the Town's Planning Division. Construction Equþment Mufflers and Maintenønce. All internal combustion engine-driven equipment utilized on the project site and all stationary noise sources shall be equipped with intake and exhaust mufflers that are maintained in good condition and are equipment-specific accordance with the manufacturers' recornmendations for the respective equipment utilized. Construction Equipment ldling. The developer shall take reasonable efforts to assure unnecessary idling of internal combustion engines is limited. Equipment Locøtions. stationary noise-generating equipment shall be located as far as reasonably feasible from sensitive receptors. ConstructionTraffic, Construction traffic to and from the construction sites shall be routed via routes as directed by the City Engineer. Construction-related heavy truck traffic are expressly prohibited from traveling through residential areas and shall generally be routed onto major roadways and as far as feasible from sensitive receptors. Quiet Equipment Selection. To the extent feasible, the project shall make use of quiet construction equipmen! particularly ait compressors. Air compressors and pneumatic equipment shall be equipped with mufflers, and impact tools shall be equipped with shrouds or shields. [Note: "Quiet construction equipment" is considered to be equipment that typically generates noise levels 5 dBA lower than that of comparable equipment.] Noise Construction Liøison A noise construction liaison shall be designated by the developer to ensure coordination between construction staff and property owners and residential and comrnercial tenants within 350 feet of the external boundaries of the project site. These property owners and tenants shall be notified in writing of the contact information for the construction liaison a minimum of 15 days prior to the initiation of construction or pre- construction activity. Prior to commencement of any construction activity, a qualified acoustical professional shall be secured by the developer to review c d. e r o¡, h. PAGE 34 RESOLUTION NO. 2017-01 2 specific equipment arid site locations that would be expected to generate noise levels above 80 dBA within 350 feet of adjacent residential properties and above 85 dBA within 350 feet of adjacent commercial properties. The report shall determine appropriate mitigation measures, as feasible, to reduce noise levels by at least five decibels and below the aforementioned limits. osure of to Noise Levels Standards: Unless determined unnecessary by the updated environmental noise study, the project shall be subject to the following measures to address and minimize noise impacts to future project residents: a.Detailed analysis of residential interior noise levels shall be completed during design following the requirements of the 2016 California Building Code. The report shall confirm that the design includes the noise control treatments necessary to achieve compliance with the noise standards set forth by the 201,6 Calilornia Building Code or such code in place at the time construction of the project coffunences. b.Sound-rated building construction shall be used to achieve acceptable indoor noise levels (i.e., maximum of 45 dBA Ldn,50 dBA Lmax in bedrooms, and 55 dBA Lmax in other rooms) in residential units throughout the project. Building sound insulation treatment shall be utilized in the project as appropriate and shall include, but not be limited to: sound retardant windows and doors; resilient wall constructions; heavy siding and roofing materials (".g., stttcco, Hardi-plank, etc.); ventilation silencers; and gasketing. d.The residential units in the project shall be provided with mechanical ventilation or a sound attenuating "zee" ducts as appropriate to allow for air circulation while windows are closed for noise control. The specification of these treatments shall be developed during the architectural design of the buildings and shall be summarized in a report submitted with the application for building permit. This report shall be subject to review and approval by the Building Division prior to issuance of building permits. c PAGE 35 RESOLUTION NO. 2017.01 The project applicant may, but is not required to, submit a supplemental noise analysis a minimum of 90 days prior to submitting for building permit in order to establish that any of the above conditions are unnecessary or should be modified. O. PHASE I ENVIRONMENTAL SITE ASSESSMENT (ESA) Policy 28.02 of the Danville 2030 General Plan states: "Require a Phøse I EnaironmentøI Site Assessment (ESA) uthen deaelopment chønges øn existing use to a more sensitiae use (e.g., commercial use to residential use). If potentialhazørdous møterials concerns are identified, ensure that they are inoestigated and that sites øre cleaned up to residential standards under appropriøte regulatory agency oaersight prior to deaelopment." A variety of project conditions of approval have been incorporated into this approval that provide direction as to requirements needed to be met prior to the issuance of project building permits. The applicable conditions of approval ("COAs") include: COAs #P.22through #P.25. P. AIR QUALITY AND GREENHOUSE GASES ANALYSIS STUDY Policy 33.04 of the Danville 2030 General Plan states: "During the deaelopment reaiezo process, impose appropriate mitigøtion measures on nero deuelopment to reduce greenhouse gøs emissions." Policy 34.02 of the 2030 General Plan states: "Consider øir pollution impacts during the local Deaelopment Reaieu process. Deaelopment shouldbe locøted ønd reguløted to minimize the emission of direct and indirect øir contaminants." An air quality and greenhouse gases analysis study dated March 23, 20'1,6, prepared by Northgate Environmental Management,Incorporated for the project application was submitted for the Danville Office Partners, LLC. In ordcr to cnsurc consistcncy with the applicable General Plan policies the project shall be subject to the following measures to address and minimize afu quality and greenhouse gas impacts: The project's construction contractor shall assure the project complies with the following best management practices, as generally set forth by the Bay Area Air Quality Management District (BAAQMD) for reduction of construction emissions of PM10 and PM2.5: Water all active construction areas at least twice daily, or as often as needed to control dust emissions. Watering provided as a'dust control measure shall be as necessary to prevent airborne dust from leaving the site. Increased watering frequency shall occur as 1 a PAGE 36 RESOLUTION NO.201.7.01. c b. d. necessary whenever wind speeds exceed 15 miles per hour. Reclaimed water shall be used unless otherwise authorized by Danville and EBMUD. In place ol or in addition to, site watering as set forth above, apply non-toxic soil stabilizers on all unpaved access roads, parking areas, and staging areas at construction sites. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to maintain at least two feet of freeboard (i.e., the minimum required space between the top of the load and the top of the trailer). To control dust that may be generated from paved access roads, parking areas, and staging areas at the construction site and from offsite paved areas in vicinity of the Project site, sweep the affected paved areas daily, or as often as needed, with water sweepers. Unless otherwise authorized by Danville and EBMUD, water sweepers shall use reclaimed water. Hydroseed or apply non-toxic soil stabilizers to inactive construction areas Enclose, cover, water twice daily, andf or apply non-toxic soil binders to exposed stockpiles (i.e., dirt, sand, etc.). Limit vehicle traffic speeds on unpaved roads to L5 mph. Replant vegetation in disturbed areas as quickly as possible. Install sandbags or other erosion control measures to prevent silt runoff from public roadways. A publicly visible sign with the telephone number and person to contact regarding dust complaints shall be established and maintained at the project site. The contact person listed shall have the responsibility to respond to calls and take corrective action, as appropriate, within43 hours of receipt of the complaint. The contact name and phone number for the person at Danville to contact and the BAAQMD's phone number shall also be provided on the sign to ensure compliance with applicable regulations. e Í oô' h. i. PAGE 37 RESOLUTION NO. 201.7-01 2 To address the potential that the Project may expose off-site sensitive receptors to pollutant concentrations from construction activities, the project's construction contractor shall assure the project adheres to one of the following: The construction contractor shall use Level 3 Diesel Particulate Filters (DPFs) for construction equipment over 75 horsepower. (Note: In terms of best management practices, it is understood use of these types of filters are capable of reducing particulate matter emissions by 85 percent.) -or- Alternatively, the project developer shall prepare a Construction Health Risk Assessment (HRA). If the Construction HRA can demonstrate that construction toxic air contaminants (TAC) and fine particulate matter (PM2.5) emissions can be mitigated under the Bay Area Air Quality Management District's (BAAQMD) threshold of 10 in a million for a lifetime cancer risk using only Level 2 DPFs, which are capable of reducing particulate matter emissions by 50 percent, or a combination of Level 2 and Level 3 DPFs, then the construction contractor shall use the required mix of Level 2 and Level 3 DPF specified in the revised Construction HRA for construction equipment over 75 horsepower. The HRA shall be subject to review and approval by Danville prior to issuance of building permits and prior to any demolition work or site preparation work. a a a b c Under either scenario above, the following shall occur A list of construction equipment by type and model year shall be prepared and maintained by the construction contractor on-site. The construction contractor shall ensure that all construction equipment is properly serviced and maintained to the manufacturer's standards to reduce operational emissions. The construction contractor shall ensure that non-essential idling of construction equipment is limited to the extent possible, but in no case more than five consecutive minutes (as required by the California airborne toxics control measure Title 13, Section 2485 of California Code of Regulations ICCRI). The restrictions regarding engine idling shall be indicated to all project construction workers by way of provision of clear signage provided at all access points. PAGE 38 RESOLUTION NO. 201.7-01. 3. d.To the extent feasible, construction equipment shall not be staged adjacent to existing residences or sensitive receptors. To the extent required by BAAQMD or other regulatory agencies, the project developer shall prepare a cancer risk assessment for future project residents analyzing the potential for exposure to unhealthy levels of toxic air contaminants (TACs), as may be emitted by existing or anticipated vehicle traffic on Interstate 680 adjacent to the project site. Should such a study be required, it shall be submitted to the Tow's Planning Division prior to the issuance of project-related demolition permits, grading permits, or building permits. At the discretion of the Town of Danville, this cancer risk assessment study shall be reviewed by an independent third party review, with the cost of such review to be borne by the project developer. Should this study determine that unhealthy levels of TACs may exist the applicant shall comply with all applicable construction requirements (imposed by BAAQMD or other regulatory agencies) and resident notifications. * A. MISCELLANEOUS 1 *2. ,ç J The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. Any other change will require Planning Commission approval through submittal of a Revised Final Development Plan application. The project developer shall defend, indemnify and hold harmless the Town of Danville and its agents, officers and employees from any claim, action or proceeding against the Town or its agents, officers or employees to attack, set aside, void, or annul, the Town's approval concetning this application, The Town will promptly notify the project developer of any such claim, action or proceeding and cooperate fully in the defense. In conjunction with the submittal for a project demolition permit andf or a building permit, the project developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site, consistent with Chapter L0-10 of the Danville Municipal Code. Prior to obtaining framing inspection approval for the project, the developer shall provide the Planning Division with written documentation (e.g., receipts and records) documenting that waste materials created from the demolition of existing buildings and the construction of new buildings were f are being recycled according to the approved recycling plan or in an equivalent manner. In conjunction with observance of the approved recycling plan, developer shall have the PAGE 39 RESOLUTION NO.201.7-01, 4 responsibility to document proper recycling/ disposal of fluorescent light bulbs and ballasts, security light bulbs, electrical switches, and other demolition by-product containing mercury, PCBs, refrigerants, etc. in accordance with applicable regulations. As appropriate, a California licensed hazardous waste hauler shall conduct transportation of these items from the site. The project shall comply with both the treatment and flow control guidelines set forth by the 2015 Municipal Regional Permit (MRP) C.3. Requirements issued by the San Francisco Regional Water Quality Control Board. The project site is over one acre in size and shall comply with the abide hydrograph modification management (i."., flow control) requirements of the MRP. Pursuant to the MRP, the existing developed site conditions shall be used as a baseline for the determination of the pre- and post-project runoff conditions and to define the required volume of the flow control facilities. Project compliance with its hydro-modification requirements shall be through the construction and maintenance of Engineering Division-approved stormwater detention/retention facilities. The project is in the San Ramon Creek watershed. The project shall mitigate the impact of additional stormwater runoff from development on San Ramon Creek by either of the following methods: a.Remove 1 cubic yard of channel excavation material from the inadequate portion of San Ramon Creek for each 50 square feet of new impervious surface area created by the development, All excavated material shall be disposed of off-site by the project developer at his own cost. The site selection, land rights, and construction staking will be performed by the Contra Costa County Flood District & Water Conservation District (FC District). or, upon written request by the project developer: b Provide for a cash payment in lieu of actual excavation and removal of material from the inadequate portion of San Ramon Creek. The cash payment will be calculated at a rate of $0.10 per square foot of new impervious surface area created by the development. The added impervious surface area created by the development will be based on the FC District's standard impervious surface area ordinance. The FC District will use these funds to work on San Ramon Creek annually. The mitigation fee for this project will be based on the increase of impervious area. The project developer shall supply a worksheet to the FC District, which includes a scalable *5. PAGE 40 RESOLUTION NO. 2017-01. 6 map that shows the square footage of the existing and proposed impervious areas. Prior to issuance of a building permit, the project developer shall secure a Flood Control Encroachment permit from the Contra Costa County Flood District & Water Conservation District (FC District) for any work inside the FC District easement, and shall finalize any right-of-way transactions with the FC District necessary for the project. The project developer shall not construct any improvements that will obstruct FC District access to adjacent properties. The project developer shall be responsible for payment of all related FC District costs. Unless otherwise authorized by the Contra Costa County Flood Control & Water Conservation District (FC District), the existing non-native trees planted in the San Ramon Creek banks and slopes shall be removed as it is the FC Districfs understanding that those trees were planted without the requisite FC District consent. The FC District does not allow trees inside their easements, in general, to avoid fufure damage to creek banks and to avoid costly repairs should trees grow large and collapse into the creek, potentially blocking the water flow and creating erosion issues. In additioru the FC District does not allow trees inside their easements, in general, as trees can obstruct maintenance access and flood fighting efforts of the FC District. \¡Vhite acknowledging FC District's ability to regulate trees planted in their easement, the project developer, in conjunction with the preparation of Final Landscape Plans for review by the Design Review Board, shall document to the Town's satisfaction that a diligent effort has been made to secure approval from the FC District to retain andf or replace tree planting irç or near, the FC District easement, as generally reflected on the plans prepared by the Project Landscape Architect labeled "Flood Control Tree Planting Option L Saving All Existing Trees & Adding Trees Per Flood Control Regulation." The goal of this effort shall be to secure the maximum flexibility feasible through FC Control's review and approval process to provide screen tree planting benefitting offsite views of the project as viewed from the residential project located opposite the project site across San Ramon Creek. Preparatory to Design Review Board (DRB) review of the Draft Final Landscape Plan for the project, notification shall be supplied to the Stony Brook community of the availability the plans for review and of the scheduled DRB meeting date for DRB's review of the plans. Unless otherwise authorized by the Contra Costa County Flood District & Water Conservation District (FC District), the site plan shall be modified as necessary to have onsite drive aisles designed to accommodate the FC 7 8 PAGE 41 RESOLUTION NO. 201.7.01" 9 District turning radius minimums for FC District trucks and to be meet the FC District road section requirements (i.e., be "H-20loading capable"). To meet the FC District standards adjustments may be required to the proposed locations of trash enclosures and the location andf or design of some of the onsite parking spaces. Unless otherwise authorized by the Contra Costa County Flood District & Water Conservation District (FC District), the site plan shall be modified to eliminate the two proposed parking spaces in the southeastern corner of the development area to reflect the FC District requirement that the FC District access road along the north side of San Ramon Creek has unencumbered access to adjacent properties to the east. A final Stormwater Control Plan (SCP) that defines all Drainage Management Areas (DMAs) and related Integrated Management Practices (IMPs) shall be submitted for review and approval by the Engineering Division prior to issuance of grading or building permits for the project. The SCP shall be substantially consistent with the Preliminary Stormwater Control Plan cited in Project Condition of Approval #4.1.e., above. 411C.3 stormwater facilities detailed in the SCP shall conform in size and dimension to the minimum requirements contained the latest Contra Costa Clean Water Program Stormwater C.3 Guidebook in place at the time application in made for project grading or building permits. All final constructiorU architecture, landscaping and improvement plan details prepared for the project shall conform to the approved final SCP. Unless otherwise authorized by the Engineering Divisiory the SCP shall be submitted for review and approval prior to submittal of the project improvement plans or grading plans to verify that all DMAs are properly described, sized, and located. A Stormwater Facilities Operation and Maintenance Plan, consistent with the project's SCP and applicable Contra Costa Clean Water Program instructions, shall be submitted for review and approval by the Engineering Division prior to approval of the initial frame inspection lor a project building permit. The approved Stormwater Facilities Operation and Maintenance Plan shall be executed and recorded prior approval of the initial final inspection for a project building permit. The project's Prelminary Stormwater Control Plan (refer to Condition of Approval #A.L.1., above) indicates that a portion of the project C.3. treatment requirements may potentially be requested to be allowed to be met by the construction offsite treatment-only improvements and/or by payment of an in-lieu fee. Pursuit of the in-lieu fee option for that portion 10 11,. 12. PAGE 42 RESOLUTION NO. 201.7-01 13 1.4 15. 1,6. of the C.3 treatment requirements not handled on the project site may only be utilized if approved by the Town Council prior to issuance of project grading permit. The SCP shall include final calculations and designs for both the planned onsite and offsite IMPs. The SCP shall include page cross-references to all related architectural, landscaping and improvement plan construction details for both onsite and offsite improvements. The location and general design of any proposed offsite IMPs serving the project shall be subject to review and approval by the Engineering Division prior to approval of the SCP and approval of any final construction drawings. Prior to issuance of grading or building permits for the project, the project developer, project general contractor, and appropriate project sub- contractors shall attend a pre-construction meeting with the assigned Engineering Division and Stormwater inspection staff to discuss the project SCP and related IMPs and to discuss the inspection process to be used to assure IMPs are installed consistent with the SCP. Written Engineering Division or Stormwater Program inspection staff sign- offs shall be secured for construction and installation of all project IMPs, with IMPs inspections observing the following minimum inspection sequence: a) layout inspection (required prior to beginning project excavation); b) excavation inspection (required prior to backfilling IMPs with any material or pipe installation); c) overflow inlet/surface connection to storm drain system inspection (required prior to backfilling IMPs with any material); d) underground connection to storm drain outlet or orifice inspection (required prior to backfilling IMPs with any material); e) drain rock/sub-drain inspection (required prior to soil media mix inspection/test and installation); f) soil media mix inspection/test (required prior to soil media installation); S) soil media installation inspection (required prior to irrigation installation); h) irrigation inspection (required prior to plant material installation); Ð planting inspection (required prior to final Engineering Division Inspection); and j) Engineering Division Final (required prior to building permit final). The developer shall utilize the inspection log provided by the Engineering Division at the pre-construction meeting. Prior to issuance of the building permit, the project developer shall prepare and submit a detailed Operation and Maintenance Agreement to the Development and Services Department for review and approval. The 17 PAGE 43 RESOLUTION NO. 201.7-01- 18. Operation and Maintenance Agreement shall identify the maintenance and funding for proposed storm water management features at the project site (i.e., bio-retention f.acility, storm water detention basin). All features shall be maintained and funded by the local homeowners' association (HOA)' GHAD, or other instrument determined to be acceptable to the Town. The maintenance protocols shall address both routine and non-routine maintenance activities and shall explicitly identify monitoring and reporting requirements. These protocols shall include an estimate of annual monitoring and maintenance costs. Through the project approval, the project is granted a density bonus, with such density bonus reflective of a project developer commitment to provide a specified number of units in the project as affordable units for a minimum term of 30 years. As provided for by State density bonus regulations (i.e., Government Code Section 65915) and the Danville Municipal Code, the LL1-unit baseline unit count applicable to the project site is authorized to receive a 35% density bonus. The density bonus takes the maximum allowable unit count for the proposed for-rent multifamily residential project to 150 units, authorizing 39 more units than would be otherwise allowed given the property's underlying general plan land use designation. The density bonus is provided in response to a commitment to establish and maintain thirteen of the project units as units affordable to very low income households. Requirements for restricted occupancy units shall be evidenced by an affordable housing agreement between the developer and the Towry completed and recorded on the property to each affected unit before issuance of a building permit and with said agreement to run with the land. The affordable housing agreement shall indicate the qualification criteria for the target households for the restricted occupancy units (i.e., very low income households); the intended household type (i.e., rental restricted occupancy units); the number of restricted occupancy units and their corresponding number of bedrooms; standards for maximum qualifying household incomes for restricted occupancy units with affordability restrictions; standards for maximum rents or sales prices for restricted occupancy units with affordability restrictions; standards for qualifying for occupancy of senior or handicapped restricted occupancy units; party / process responsible for certifying qualifications of households which occupy restricted occupancy units; construction scheduling; procedures for marketing and filling vacant restricted occupancy units; restrictions and enforcement mechanisms binding on property upon sale or transfer of the property; maintenance provisions of restricted occupancy units; and any other information as required by the Town to comply with the intent and requirements of these conditions of approval and the density bonus regulations of the State and the Town. The affordable housing PAGE 44 RESOLUTION NO.201.7.01. 19 20 21, 22. agreement shall include a provision which allows the Town of Danville to assign its authority to regulate and enforce the agreement to the Contra Costa County Housing Authority, a nonprofit housing agency or other similar entity. The Project Developer shall document to the Town's satisfaction, the due diligence and effort taken to notify members of the community and those who work in the community (including but not limited to local school employees and service workers) of the initial and ongoing availability of the affordable for-rent units to be provided in the project. In case the residential project is built as, or converted to, individually owned condominium units, an Owner's Association shall be formed. The Owner's Associatiorç through project-specific covenants, conditions and restrictions (CC&Rs), shall be responsible for commonly owned facilities. The CC&Rs shall include appropriate restrictions relating to the use of project parking and storage to meet the intent and requirements of these conditions of approval. Draft CC&Rs shall be submitted to the Planning Division and City Attorney for review and approval a minimum of 60 days prior to the individual sale of any of the units. A note shall be placed on the final map for this project which specifies the requirement that the City Attorney shall have review and approval authority of project-specific CC&Rs prior to the individual sale of any of the units. Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and California Division of Occupational Safety and Health (Ca\/OSHA) certified building inspector to determine the presence or absence of asbestos containing- materials (ACMs). If ACMs are located, abatement of asbestos shall be completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the Bay Area Air Quality Management District (BAAQMD) Regulation L1, Rule 2. If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material for lead by a qualified Environmental Professional. If lead-based paint is found, the project developer shall be responsible for abatement, which shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead-based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532|J,, which specifies exposure limits, exposure monitoring and respiratory PAGE 45 RESOLUTION NO. 2017-01 protectiorL and mandates good worker practices by workers exposed to lead. Contractors performing lead-based paint removal shall provide evidence of abatement activities to the Town Engineer. 23 If the asbestos containing-materials (ACM) report determines there are ACMs presen! the developer shall have the responsibility to: (a) remove and dispose all ACM in accordance with applicable Fed.eral, State and local regulations governing asbestos including, but not limited to those promulgated by OSHA, EPA, Ca1-OSHA, Cal-DPH, DTSC, and the Bay Area Air Quality Management District (BAAQMD); þ) supply notification to employees, contractors, subcontractors, and tenants having access to the buildings on the project site as to the presence, locatiory and quantity of ACMs documented to be present at the site, with such notification to occur within 15 days of receiving such information; (c) retention of a State of California licensed and Ca1-OSHA registered asbestos contractor to complete the recommended pre-demolition abatement of all ACM at the site; (d) provision of a L0 working day minimum advanced written notification to BAAQMD prior to demolition activities (with said notice to be accompanied by payment of requisite administrative fees); and (e) provision of an "Intent to Conduct ACM Related Work" notification to Cal- OSHA. 24.If the lead-based paint (LBP) report determines there are LBPs present, the project developer shall have the responsibility to: (a) remove and dispose all LBPs in accordance with applicable Federal, State and local regulations; (b) advise contactors engaged in work at the site that LBPs are present and that said LBPs shall only be impacted by properly trained workers, using appropriate lead-related work practices in compliance with applicable Cal- OSHA worker exposure regulations; and (c) provision of an "Intent to Conduct Lead Related Work" notification to Ca1-OSHA. ADVISORY COMMENTS: According to Central Contra Costa Sanitary District (CCCSD) records, the project site is within CCCSD's service area and sanitary sewer service is being provided to the existing buildings on site. Some of the existing sewer would need to be properly abandoned when the buildings are removed. The developer would need to construct a set of on-site mains and laterals to serve the proposed multi-family units. CCCSD has initiated a capacity study to determine if the existing sewer system in the vicinity is adequate for the additional wastewater which will be generated by the proposed project. The developer will be required to 1. 2. PAGE 46 RESOLUTION NO. 201-7.01. ^J submit full-size building plans for CCCSD Mainline review in advance and to pay fees and charges at the time of connection to the sewer system. The payment of capital improvement fees is required for the development or expansion of a property use'which generates an added wastewater capacity demand to the sanitary sewer system. This project may be subject to substantial capital improvement fees due to its size or use. To receive an estimate of project fees and charges, the developer should promptly contact the District's Permit Section at (925) 229-7371,. As indicated in East Bay Municipal Utility District's (EBMUD)'s preliminary comments on the project (comments dated November 30,201,6), separate dwelling units on the same property require separate water meters. A main extension, at the project sponsor's expense, may be required depending on EBMUD metering requirements and fire flow requirements set by the local fire department. \¡Vhen the development plans are finalized, the project sponsor should contact EBMUD's New Business Office and request a water service estimate to determine the cost and conditions of providing water service to the project. Engineering and installation of water mains and meters may require substantial lead time, which should be accounted for in the project sponsor's development schedule. No water meters are allowed to be located in driveways. The project sponsor should be aware that Section 3L of EBMUD's Water Service Regulations requires that water service shall not be furnished for new or expanded service unless all the applicable water- efficiency measures described in the regulation are installed at the project sponsor's expense. Due to EBMUD's limited water supply, all customers should plan for shortages in time of drought. The preliminary comments on the project from the Contra Costa County Flood District & Water Conservation District (FC District) were reflected in their letter dated December 13,20].6. Some of the comments contained in that letter have been integrated into the project conditions of approval. The following additional comments constitute advisory comments from the FC District: a.The A.L.T.A./A.C.S.M. Land Title Survey submitted by the applicant as part of the project application shows a 60-foot-wide FC District access and maintenance easement on the west side of the project parcel, which is also dedicated to Contra Costa County for street and highway and incidental purposes, and a 21.-foot-wide existing FC District and incidental easement on the east side of the property. The southern side of the property has a FC District easement over San Ramon Creek and adjacent areas. However, it appears on the proposed site plan that these existing easements are to be modified 4. PAGE 47 RESOLUTION NO.2017.01. b. c. by the project, on the east side and south side of the project parcel. Since the project will include modification of existing FC District easements, the applicant will be required to contact the FC District to cliscuss FC District's continued access to the San Ramon Creek flood control channel, review improvement and planting plans, review proposed changes to existing easements, and review acceptance and recordation of real property documents. The applicant needs to approach the FC District to set up a Fee-for-Service account to cover for our staff and begin transactions. The site plan needs to show the proposed points of access and paths to the San Ramon Creek flood control channel. Our access road should be clear to adjacent parcels. The landscape plan proposes additional planting of trees along San Ramon Creek, which, in addition to the existing trees, might impair the access to the creek for future maintenance and emergency repair work. We recommend that the applicant sets up an appointment with the FC District to discuss existing and proposed trees. [The applicant was referred to the FC District's Typical Landscaping Limits on Creek/ Chanel Embankments detail.] The San Ramon Creek Watershed has inadequate capacity and the FC District recornmends that no increase in peak discharge to San Ramon Creek be allowed in conjunction with the redevelopment of the project site. The FC District is operating from an assumption that redevelopment of the project site from the existing office use to uses allowed with the DBD Area 12 Multifamily Residential High Density land use designation will result in an increase in project-related runoff. We recommend considering the proximity of the San Ramon Creek flood control channel during construction of the project and requiring that Best Management Practices be implemented during site preparation and construction to avoid contaminants and silt from entering the San Ramon Creek channel, as well as restricting storage of construction equipment or materials adjacent to the creek or in the FC District's right-o f-w ay . If the existing onsite San Ramon Creek stormwater outfall is modified, a FC District permit and hydrology study may be required. d e r. PAGE 48 RESOLUTION NO.201.7.01. oö'The project is adjacent to the San Ramon Creek flood control channel, which is inside a FEMA Special Flood Hazard area,"Zorre A", which is subject to inundation by t}ire 1o/o annual chance flood. We reconunend that the project addresses this issue and comes up with a contingency plan should the 100-year flood event occur. The proposed project is located in Drainage Area L8, an unformed drainage area. Therefore, there are no drainage area fees (for Drainage Area 18) due at this time. h. 1.The FC District is not the approving local agency for this project as defined by the Subdivision Map Act. As a special district, the FC District has an independent authority to collect drainage fees that is not restricted by the Subdivision Map Act. The FC District reviews the drainage fee rate every year the ordinance is in effect and adjusts the rate annually on January L to account for inflation. The drainage fee rate does not vest at the time of tentative map approval. The drainage fee due and payable will be based on the fee in effect at the time of fee collection. The preliminary comments on the project from the San Ramon Valley Unified School District (District) were reflected in their letter dated December 1,201,6. The District advises as follows: The residential project located at373-379 Diablo Road, Danville, CA will be subject to a residential rate developer fee, currently fi6.22per square foot. The project is within the San Ramon Valley Unified School District. b.The residential project will be subject to higher developer fees as a result of the impact of Senate Bill 50 (5850), the Leroy F. Greene School Facilities Act of 1998. SB50 states that if the District conducts a School Facilities Needs Analysis report and meets certain other requirements, it may impose an alternate developer fee that may be significantly higher than the previously permitted Level 1 fees of $3.48 per square foot of new residential development. On October 18, 201.6, the Board of Directors adopted Resolution No. 16/1.6-17, Establishing Alternative School Facility Fees (Level2) in accordance with the provisions of Senate Bill50. The above-mentioned project is subject to current fees. The district's current student generation factors (SGF) for this type of project are listed below: 5 a c PAGE 49 RESOLUTION NO. 201.7-01. d. UNITS: 150 MULTIFAMILY GRADE SGF RATE STUDENTS K-5 0.32 48 6-8 0.13 20 9-12 0.18 27 The resident schools for this project are Montair Elementary, Stone Valley Middle, and San Ramon Valley High Schools. Due overcrowding in the District it is possible that students residing in this subdivision may be diverted to other schools. 6.The preliminary comments on the project from the Northwest Information Center of the California Historical Resources Information System at Sonoma State University were reflected in their letter dated November 30, 20'1,6. Project Condition of Approval #A.9 integrates one recoÍunendation for the project. The letter, including all other comments and recoÍunendations, is included as an exhibit to the Planning Commission Staff Report dated lanuary 24,2017 for the project. The preliminary comments on the project from the San Ramon Valley Fire Protection District (SRVFPD) were reflected in their Planning Application Review Letter dated November 28,20L6. That letter was included as part of Exhibit I of the Planning Commission Staff Report dated January 24,2017 for the project. The preliminary comments on the project from the Contra Costa Environmental Health Division (CCEHD) were reflected in their letter dated January 5,2017. Some of the comments contained in that letter have been integrated into the project conditions of approval (see Conditions of Approval #F.6 and #F."11. The following additional comments constitute advisory comments from the FC District: Debris from construction or demolition activity must go to a solid waste or recycling facility that complies with the applicable requirements (e.g., solid waste permit, EA notificatiory etc.) 7. 8 PAGE 50 RESOLUTION NO.2017-0L APPROVED by the Danville Planning Commission at its regular meeting onJanuary 24, 2017, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: CITY ATTORNEY Bowles, Combs, Graham, Habrel, Radich Verriere Havilk, Heusler CHAIRMAN \, CHIEF G PAGE 51 RESOLUTION NO.201.7-01. None