HomeMy WebLinkAbout032-2017RESOLUTION NO. 32-2017
DENYING THE APPEAL FILED BY DANVILLE CITIZENS FOR RESPONSIBLE
GROWTH AND UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF
FINAL DEVELOPMENT PLAN REQUEST DEV 16-0014
(373-383 DIABLO ROAD-APN 216-120-037)
WHEREAS, Danville Office Partners, LLC owns the property located at 373-383 Diablo
Road (APN 216-120-037) in Danville and is the applicant for a 150 -unit multifamily, for -
rent residential project, including a density bonus pursuant to Government Code Section
65915 (DEV 16-0014); and
WHEREAS, in order to satisfy its Regional Housing Needs Allocation (RHNA)
obligation, the Town of Danville designated the subject property in the Town's 2030
General Plan as DBD: Downtown Business District Area 12 -Multifamily Residential High
Density (25-30 units per acre) and subsequently changed the zoning on the property to
match the General Plan designation; and
WHEREAS, as a result of these legislative acts, residential development at the specified
density was established as a use by right, and
WHEREAS, on February 28, 2017, the Town's Planning Commission unanimously
adopted Planning Commission Resolution No. 2017-01, approving DEV 16-0014, based
on the findings and subject to the conditions of approval contained in the resolution; and
WHEREAS, on March 9, 2017, Danville Citizens for Responsible Growth filed a timely
appeal of the Planning Commission's decision; and
WHEREAS, the Town Council held a noticed, public hearing to consider the appeal on
April 18, 2017 and considered all written and oral testimony and evidence presented; and
WHEREAS, at the conclusion of that hearing, the Town Council continued the hearing
to a date uncertain and directed Town staff and the applicant to provide specified
technical studies and provided direction to the applicant on concerns regarding project
design and landscaping; and
WHEREAS, the applicant has updated and further developed the technical studies
requested by the Town Council and has submitted revisions to the project design and
landscape plans; and
WHEREAS; the Town Council held a continuation of the public hearing on July 18, 2017,
after providing notice of the public hearing and at the hearing considered all written and
oral testimony and evidence presented, both from the April 18 and July 18 hearings; now,
therefore, be it
RESOLVED, that the Danville Town Council hereby denies the appeal filed by Danville
Citizens for Responsible Growth, based on the following findings;
1. The Town of Danville took legislative action to establish General Plan and zoning
designations for the subject property allowing multifamily residential
development at a density of 25-30 units per acre. Collectively, these actions
created residential development at this density as a "use by right."
2. The potential environmental impacts of these actions were studied in the
Environmental hnpact Report (EIR) certified by the Town Council for the adoption
of the 2030 General Plan. That FIR looked at the potential impacts of adding 338
new residential units on the south side of Diablo Road between I-680 and Front
Street.
3. These actions were taken by the Town in order to satisfy, in part, the Town's
Regional Housing Needs Allocation (RHNA) assigned by the State of California
and the Association of Bay Area Governments for the 2007-2014 and 2014-2022
Housing Elements.
4. As a result of these legislative actions to comply with the State Housing Law,
Government Code Section 65583.2(i) is applicable to the current application.
Pursuant to that statute, the application is not subject to any discretionary review,
other than design review, and is not a project for purposes of the California
Environmental Quality Act (CEQA).
5. On September 16, 2015, the Town sent a letter to ROEM Development Corporation
(the initial applicant for this project) which set forth how the Town would process
an application and the findings that would be necessary to approve the project in
light of Government Code Section 65583.2(1). That letter (the "Processing Letter")
has'served as the basis for the Town's review and consideration of the project.
6. Government Code Section 65589.5(f), referenced in both Section 65583.2(1) and the
appeal letter, states that the project must comply with all "objective, quantifiable,
written development standards, conditions, and policies appropriate to, and
consistent with, meeting the jurisdiction's share of the regional housing need
Pursuant to Section 65584." With the exception of the density bonus concession
for floor area ratio (FAR) and the use of tandem parking in the underground
parking garage, the project complies with all such applicable standards.
7. The project has invoked a density bonus, including one incentive and a use of
tandem parking, consistent with the requirements of Government Code Section
65915.
8. The Town Council finds that the project, with the applicable conditions of
approval, conforms to all applicable Town General Plan and zoning ordinance
PAGE 2 RESOLUTION NO. 32-2017
requirements, including, but not limited to, creek and tree preservation and air
quality.
9. The Town Council finds that the traffic study for the project conforms to the
Technical Procedures of the Contra Costa Transportation Authority and is a
complete, adequate study of the potential traffic impacts of the project;
and, be it further
RESOLVED, that the Danville Town Council, in affirming the Planning Commission's
approval of the project, adopts the following findings and conditions of approval:
FINDINGS OF APPROVAL:
Modified Final Development Plan Request
1. 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.
2. 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).
5. The project is consistent with the provisions of Government Code Section
65583.2(1) 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.
6. Because the project does not involve a subdivision, under Government Code
Section 65583.2(1), the Modified Final Development Plan is not a project under
CEQA. However, should any future development application for this property be
submitted which does include a subdivision of land, the Town reserves the right
apply all applicable laws, including CEQA, to such application to the extent
permitted by law.
7. The 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.
8. The one concession and use of tandem parking -requested as part of the density
bonus associated with the project is consistent with Government Code Section
65915(d) and (p) and is hereby approved.
9. 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:
a. Policy 1.03 - Recognize the need for suitably located housing, civic facilities,
and services for all age groups within the conununity.
b. 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 zoalking distance to the Green
Valley Shopping Center as zaell as dozontozon Danville and bus stops for County
Connection Ronte 21.
C. Policy 2.01 - Achieve a high standard of residential design through project
review and approval for all new residential developments.
d. Policy 2.07 - Improve the appearance of the community by encouraging
aesthetically designed buildings, screening, adequate setbacks, and
landscaping.
e. Policy 3.07 - Where appropriate, encourage the use of shared circulation
and parking. As conditioned, the project provides an opportunihj for future
shared circulation zoith the adjoining Janlois property.
f. 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. Development of nntilti-
family housing on the site fisrthers the objective of this goal.
g. Goal 4 Downtown Danville - Enhance Downtown Danville and its environs
as the center of town, 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.
h. Goal 5 Housing - Protect the quality of Danville's residential neighborhoods
while providing opportunities for new housing that meets community
PAGE 4 RESOLUTION NO. 32-2017
needs. The project provides neu7 multifamily housing necessary to satisfij the
Town's obligations for provision of such housing while separating the project frons
existing single family residential districts.
i. Policy 5.03 - Through development and implementation of various housing
programs, enable the development of affordable housing at a wide range of
densities in a variety of locations.
j. Policy 5.06 - Protect the long-term affordability of existing housing units
built through the Town's affordable housing programs.
k. 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.
1. 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 J.
M. 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
approval requiring, among other things, the payment of school impact fees, park
and traffic mitigation fees and contributing towards the construction of a
pedestrian/bicycle bridge with associated pathzt?ays linking Diablo Road to the
Tozi7n Library
/Community Center, the project observes all applicable performance
standards.
n. Policy 7.10 - Consistent with the Housing Element of the General Plan,
continue to expand housing opportunities for all income groups. As
required by County Measure J, 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 goals of the Housing Element, providing multi family uses near
transportation.
o. 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.
p. Goal 11 Multi -Modal Circulation System - Provide a safe, efficient multi-
modal circulation system. The project is required to dedicate easements,
construct a patlzzaay and pay tozmrds construction of a pedestrian/bicycle bridge
connecting Diablo Road to the Town Library/Conimunity Center. This nezo access
point to civic facilities and the dour ntou�n will greatly enhance access for
pedestrians and cyclists.
PAGE 5 RESOLUTION NO. 32-2017
q. 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 patlizaay and pay tozvards construction of a
pedestrian/bicycle bridge connecting Diablo Road to the Tozvn Library/Community
Center. This nezo access point to civic facilities and the downtown will greatly
enliance access for pedestrians and cyclists.
r. 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
dedicate easefnents, construct a pathway and pay tozvards construction of a
pedestrian/bicycle bridge connecting Diablo Road to the Tozvn Library/Community
Center. This nezo access point to civic facilities and the douintozvn will greatly
enhance access for pedestrians 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 dedicate easements, construct a pathway and pay tozvards construction of a
pedestrian/bicycle bridge connecting Diablo Road to the Tozvn Library/Conirnunity
Center. This nezo access point to civic facilities and the dou�ntozvn will greatly
enhance access for pedestrians and cyclists.
t. Policy 12.01 - 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
coinfection 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 more fully connected, logical, comprehensive
system of facilities for non -motorized transportation. The project is required
to dedicate easements, construct a pathway and pay tozvards construction of a
pedestrian/bicycle bridge connecting Diablo Road to the Town Library/Community
Center. This nezo access point to civic facilities and the downtown will greatly
enhance access for pedestrians and cyclists.
PAGE 6 RESOLUTION NO. 32-2017
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
health and the overall livability of Danville. The project is required to dedicate
easements, construct a pathway and pay tozoards construction of a
pedestrian/bicycle bridge connecting Diablo Road to the Town Library/Community
Center. This nezo access point to civic facilities and the dozimtou7n will greatly
enliance 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 pedestrian,
bicycle, and transit improvements as well as road improvements.
bb. Goal 13 Transportation Choice - Create viable transportation alternatives to
the single occupant automobile.
CC. Policy13.05 - 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.
dd. Policy13.09 - Improve access to Downtown Danville for transit -dependent
workers, seniors, and persons traveling without an automobile. The bridge
and pathway referenced above vaill provide a safer, more direct means for
pedestrians and cyclists to travel from the Iron Horse Trail and civic facilities to
Diablo Road.
ee. Policy 14.02 - 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 and/or impose
transportation improvements requirements which ensure that level of
service standards are maintained.
ff. Policy 14.03 - 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.
PAGE 7 RESOLUTION NO. 32-2017
jj. Policy 17.15 - Public access easements shall be provided to designated
public open space areas and along creeks and stream, where appropriate.
Where 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 and easements
described above zaill assist in closing gaps in the trail system along San Ramon
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 19.01 - Require new development to pay its fair share of the cost of
civic and community facilities, based on the impacts attributed to that
development.
mm. Policy 20.05 - Continue to provide for flood control, protection from erosion
and siltation, and improvements to urban runoff 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 zaill be required to zwrk with the
Contra Costa Connty Flood Control District to ensure continued safety along San
Ramon Creek.
nn. Policy 21.10 - 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. Study
competed and recommendations reflected in project design and conditions of
approval.
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 consideration, such as in residential
backyards. Where the Town determines that this level cannot be achieved
PAGE 8 RESOLUTION NO. 32-2017
after reasonable mitigation has been applied, higher standards may be
permitted at the discretion of the Town Council. In such cases, indoor noise
levels should not exceed an Ldn of 45 dB. Updated noise study contains
recommendations to meet this standard, which are incorporated into conditions of
approval.
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 minimize the 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.
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. Study completed and
recommendations are incorporated into conditions of approval.
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. Study
completed and recommendations are incorporated into conditions of approval.
Tree Removal Permit Request
Based on the preliminary tree report prepared for the project, there are 42 trees within, or
adjacent to, the project site that qualify as "protected" trees and there are 13 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 plan, 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 of 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
PAGE 9 RESOLUTION NO. 32-2017
precise location, number, and makeup of "protected" trees and "heritage" 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:
1. Necessity. Removal of the "protected" and "heritage" trees is necessary to
accommodate 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.
2. 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.
3. 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 addition, the project developer will be required to mitigate the loss of
"protected" and "heritage" 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.
4. Removal of the "protected" and "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 approval with an asterisk ("*") in the left -Band column are standard project
conditions of approval. Unless otherzoise specified, the follozz7ing conditions shall be complied zaitli
prior to issuance of grading or building permits for the project. Eacli item is subject to Tov2n
revieza and approval unless otherwise specified.
PAGE 10 RESOLUTION NO. 32-2017
A. GENERAL
1. This approval is for Modified Final Development Plan request DEV16-0014,
with said approval also serving as authorization to 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:
a. Preliminary Architectural Plans labeled "Riverwalk at Downtown
Danville," depicting the proposed development as prepared by LCA
Architects and consisting of 17 sheets dated June 20, 2017.
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 June 19, 2017 and June 20, 2017.
C. Preliminary Landscape Plans, as prepared by Gates and Associates
and consisting of eight sheets dated June 19, 2017.
d. Project ALTA/ ACSM Land Title Survey, as prepared by Carlson,
Barbee & Gibson, Inc. and consisting of one sheet dated February 5,
2013.
e. Precast Concrete Site Wall at West Property Line (Janlois), as
prepared by LCA Architects and consisting of one sheet dated July
7, 2017.
2. This entitlement includes the authorization to deviate from otherwise
applicable DBD Area 12 maximum floor area ratio (FAR) zoning standards,
with said deviation authorized as a concession provided under State and
local density bonus regulations.
3. 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
PAGE 11 RESOLUTION NO. 32-2017
applicable to the project - with this listing not necessarily to be construed
as a complete listing of applicable fees:
a. Improvement Plan Check Fee (3% of cost estimate)
b. Engineering Inspection Fee (5% of cost estimate)
C. Grading Plan Check, Inspection and Permit
d. Child Care Facilities - Residential ($115 per unit)
e. Parkland In -lieu Fee - Residential ($6,124 per unit)
f. Storm Water Pollution Program Fee ($228 per structure)
g. SCC Regional Fee - Residential ($1,349 per unit)
h. Residential Trans. Improvement Program Fee ($1,400 per unit)
i. Tri -Valley Transportation Fee - Residential ($2,951 per unit)
4. 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 $964.88
($130.00 plus 134 notices at $0.83 per notice for a total for four public notices
sent for the project's public hearings).
5. 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.
6. 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, 2016 and were received by the Town in response to the
Town's "Request for Comments" mailing of November 16, 2016.
Supplemental comments (i.e., the District letter dated July 13, 2017) have
been submitted from the District which serve to summarize the status of
issues between the District and the project developer that had needed
resolution.
7. 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 on this project are dated December 1, 2016
and were received by the Town in response to the Town's "Request for
PAGE 12 RESOLUTION NO. 32-2017
Comments" mailing of November 16, 2016. [Note: See Advisory Comment
#5 for summation of the District's comments.]
8. The project developer shall make payment of a $2,216.25 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. 14, §§ 15260-15333
and Fish & G. Code, § 711.4, subd. (d)(1), that the project is exempt from
paying filing fee. A copy of this written explanation shall concurrently be
forwarded to CDFW.
9. 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
and/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.
10. The developer shall provide security fencing, to the satisfaction of the City
Engineer and/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.
* 11. 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.
* 12. 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
PAGE 13 RESOLUTION NO. 32-2017
a construction -phases occupancy plan approved by the Danville
Development Services Department. No building 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.
13. As part of the initial submittal for the demolition permit and/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,
and/or Chief Building Official, and may be rejected if it is determined to
not be comprehensive with respect to the applicable conditions of approval.
14. 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.
15. Planning Division approval is required prior to final occupancy being
authorized for any building in the project by the Building Division.
16. 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 preauthorization is secured from the Engineering Division
through an encroachment permit.
17. 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
PAGE 14 RESOLUTION NO. 32-2017
an administrative permit if the Danville Development Services Department
determines the request does not constitute a significant alteration to the
affected building.
18. 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.
19. 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.
B. SITE PLANNING
1. Exterior wall -mounted lighting shall be at the minimum lighting intensity
necessary 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
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 Division and/or the DRB, field modifications found necessary
to prevent inappropriate levels of off-site light intrusion and/or glare shall
be made.
2. The location of any pad mounted electrical transformers, if different than
shown on the plans referenced in Condition A.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
PAGE 15 RESOLUTION NO. 32-2017
between any street and the front of a building and shall be adequately
screened and mitigated with appropriate landscaping.
3. The layout of the raised landscape medians and accent paving proposed for
inclusion in the western project entry driveway off of Diablo Road shall be
subject to review and approval by the Planning Division as part of the
review of the Final Landscape and Irrigation Plans.
C. LANDSCAPING
* 1. 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 common names of all plant materials and shall indicate the size that
various plant materials will achieve within a five-year period of time.
* 2. 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 31
Water Efficiency requirements, including use of a weather -based controller
with soil moisture probe and rain -shutoff switch.
* 3. The Final Landscape and Irrigation Plans submitted for the Project shall be
accompanied by a written report prepared by the Project Landscape
Architect documenting how the plans comply with applicable outdoor
water -use efficiency recommendations 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)
recommendations 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 of 2006 (AB 1881).
* 4. All trees shall be a minimum of 15 -gallon 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.
* 5. 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.
6. The project's Final Landscape and Irrigation Plan shall detail the planned
adjustments to edge project grading and edge fencing and retaining wall
PAGE 16 RESOLUTION NO. 32-2017
improvements along the western edge of the project at the shared Janlois
Apartments/ Danville Office Partners, LLC (DOP) property line. As the
presence of existing encroaching improvements into the DOP property
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, 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 encroachments to assure
the functionality and aesthetic desirability of the improvements for the
planned public pedestrian walkway improvements. The edge project
grading and edge fencing and retaining wall improvements shall be subject
to review and approval by the Design Review Board a minimum of forty-
five days prior to developer -initiation of the building permit plan check
process.
7. Prior to the second phase of the project's linear review of preliminary
architectural design, the developer shall contact the County Flood Control
District regarding installation of fencing (such as split rail or similar) along
the top bank on San Ramon Creek. If the Flood Control District approves
such fencing, the fencing shall be reviewed by the Design Review Board. If
the Flood Control District will not permit such fencing, the developer shall
present confirmation of such denial.
8. The interactive play area to be provided on site shall include features
appropriate for children up age 10. The play area shall be fenced. The DRB
shall review the site plan with the developer to determine the most
appropriate location on the site for the play area.
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/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.
2. Trash, refuse and recycling shall be contained within trash/recycling
enclosures that are architecturally compatible with the project architecture.
Unless otherwise authorized by the Planning Division, the enclosure design
and location shall be substantially as depicted on the project drawings cited
in Condition of Approval #A.1.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
PAGE 17 RESOLUTION NO. 32-2017
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.
3. 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.
4. 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.
* 5. Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board (DRS) 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.
6. 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 by the Design Review Board (DRS) 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 a minimum,
twelve representative building sections for the project as mutually selected
by the Planning Division and the Project Architect.
7. In advance of submittal for the second phase of the project's linear review
of preliminary architectural design, the developer is encouraged to
incorporate design features into the project that add further architectural
PAGE 18 RESOLUTION NO. 32-2017
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 (j) use of recesses between top of wall and parapet roof
features.
8. 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.
* 9. 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. and D.7., above, may be concurrent with the
plan check review of building permits for new project construction.
* 10. 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 low
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.
11. 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 location, size and configuration of the storage
PAGE 19 RESOLUTION NO. 32-2017
areas shall be subject to review and approval by the Planning Division prior
to the issuance of building permits.
12. To the extent feasible, the project developer shall install bicycle storage
facilities serving the project. The exact location, 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.
13. 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.
E. PARKING
* 1. 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.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking. Compact spaces shall be no less than 8 feet
by 16 feet in size, inclusive of an allowable 2 foot maximum overhang.
* 3. 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.
4. 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.
5. The project's basement parking area is authorized to utilize tandem parking
spaces, with a design and layout substantially as detailed on Sheet A6 of
the Project Preliminary Architectural Plans cited in Condition of Approval
#A.1., above.
PAGE 20 RESOLUTION NO. 32-2017
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. 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 Division, a notice that construction work will be
commencing 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.
* 3. Where geotechnical conditions encountered in grading operations and/or
site preparation work are different from that anticipated in the preliminary
geotechnical report (i.e., the geotechnical report entitled 373 Diablo Road
Apartments Danville, California, as prepared by Geocon Consultants dated
July 2015) 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. The preliminary geotechnical report shall be updated to address
the project design changes between the prior ROEM project submittal
(proposing a "wrap" parking garage beside a single large three story
residential structure) and the approved Diablo Office Partners, Inc.
submittal (authorizing a 1.5+ acre basement parking podium beneath three
residential structures).
* 4. 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
PAGE 21 RESOLUTION NO. 32-2017
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
SWPPP and all other Permit Registration Documents shall be fully
implemented during land -disturbing activities.
5. To adequately mitigate the shaking effects associated with a moderate to
high earthquake within the San Francisco Bay region, all project buildings
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.
* 6. 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 and/or cleanup) a permit from the Contra Costa
Environmental Health Division shall be secured.
7. 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.
8. 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 design -level 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.
* 9. 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
PAGE 22 RESOLUTION NO. 32-2017
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/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.
* 10. All stockpiles of debris, soil, sand or other materials that can be blown by
the wind shall be covered.
11. 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. STREETS
* 1. 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.
* 2. 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.
* 3. 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.
4. Any 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; and/or street reconstruction. Prior to commencement
of any site work, the project developer shall establish baseline
prc.cornstructi_on roadway conditions in a manner satisfactory to the City
Engineer for that portion of Diablo Road that would potentially be
impacted by construction and for the private roadways that would be
retained after project construction on the subject property and the two
PAGE 23 RESOLUTION NO. 32-2017
abutting commercial properties between the main development area on the
project site and Diablo Road.
* 5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/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.
* 6. 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.
* 7. 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.
8. 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. 124124
in Book 8492, Page 611 of Official Records.
9. The project developer shall be responsible for the installation and
maintenance of an eight -foot minimum width public pedestrian walkway
extending along the western edge of the project development area. The
-415' 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 X30' 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 record a non -revocable offer of
dedication. (form and content as deemed acceptable to the City Engineer)
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
PAGE 24 RESOLUTION NO. 32-2017
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.
10. Consistent with the requirements of the Diablo Gateway Special Concern
Area set forth in the 2030 General Plan, 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
layout; 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.
11. Consistent with the Diablo Gateway Special Concern Area provisions of the
2030 General Plan, 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 $202,125 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.
PAGE 25 RESOLUTION NO. 32-2017
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 21, 2016 and
were received by the Town in response to the Town's "Request for
Comments" mailing of November 16, 2016. [Note: See Advisory Comment
#3 at the end of the conditions of approval for summation of the District's
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, 2016, received in response to
the Town's "Request for Comments" mailing of November 16, 2016. [Note:
See Advisory Comments #1 and #2 at the end of the conditions of approval
for summation of the District's comments.]
* 3. Drainage facilities and easements shall be provided to the satisfaction of the
Engineering Division and the Contra Costa Flood Control and Water
Conservation District.
* 4. 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.
* 5. No concentrated drainage shall be permitted to surface flow across
sidewalks.
* 6. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
PAGE 26 RESOLUTION NO. 32-2017
* 7. 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.
* 8. The project developer shall furnish proof to the Engineer Division of the
acquisition of all necessary rights of entry, permits and/or easements for
the construction of off-site temporary or permanent road and drainage
improvements.
* 9. 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.
* 10. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
I. TRAFFIC IMPACTS
Policy 14.02 of the Danville 2030 General Plan states: "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 Touln's transportation standards to
be exceeded, require modifications to the project and/or impose transportation
improvements requirements zohich ensure that level of service standards are maintained."
Such analysis must be consistent analysis consistent with Contra Costa
Transportation Authority's Technical Procedures.
In addition to Policy 14.02 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:
"Provisions for shared ingress and 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 turning 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 July 27, 2015. A second revision of the traffic
PAGE 27 RESOLUTION NO. 32-2017
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 was determined by the Planning Commission as being complete and
adequate. An addendum to the third version of the traffic impact analysis was
prepared by LSA (dated March 31, 2017) and presented to the Town Council in
conjunction with their public hearing for the item on April 18, 2017. The
addendum, in part, confirmed the project design changes (which included
relocating the ingress/egress to the proposed project parking garage from the
north side of the basement podium structure to the west side of the basement
podium structure) would not change the findings of the February 22, 2017 traffic
impact analysis and would, in fact, serve to improve traffic flow.
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:
Diablo Road/Project Driveway 1 - eastbound travel lane Nos. 1 and 2:
Diablo Road/Project Driveway 2 - eastbound travel lane No. 2.
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: "Discourage activities that would
harm the health of existing trees. Prevent the unnecessary removal and alteration of such
trees, including "protected" trees as defined by the Tozi)n's Tree Preservation Ordinance
and other trees that contribute to the scenic beauty of the tozon. Public and private
improvements should be designed to minimize the removal of mature trees, regardless of
species. If removal is necessary, trees should be replaced zu)ith an appropriate number and
species." The preservation of protected and heritage trees is also addressed in the
Town's Tree Preservation Ordinance, Municipal Code Chapter 32-79.
PAGE 28 RESOLUTION NO. 32-2017
The Town has received the following documents regarding tree preservation:
• A Biological Resources Assessment Study prepared by LSA Associates (dated
July 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.
• "Tree Report for the Riverwalk Project, Town of Danville" prepared by LSA
Associates (dated May 1, 2017)
The project plans and the cited study and analysis show that there are a total of
124 trees on the site, of which 42 are "protected" trees and 13 are "heritage" trees,
as defined by the Danville Tree Preservation Ordinance (Municipal Code Chapter
32-79). A total of four trees qualify as both "protected" and "heritage" trees. The
documents submitted show that a total of 71 trees will be removed based on the
project design footprint (Table A, Figure 1 of the May 1, 2017 Tree Report). A total
of 24 of the trees slated for removal are considered to be "protected" trees and
seven trees slated for removal are considered to be "heritage" trees, of which two
are considered to qualify both as "protected" and "heritage" trees by the
ordinance.
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 update to the May 1, 2017
Tree Report, reflecting the following:
• The final approved layout of the project, including the approved landscape
plan;
• The final approved C-3 stormwater treatment facilities;
• 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 and 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.
Consistent with the requirements of the Town's Tree Preservation Ordinance, the
project developer shall identify and implement the steps necessary to ensure the
health and safety of protected and heritage trees to be retained and to provide
mitigation for protected and heritage trees authorized for removal.
1. To compensate for the proposed removal of Town -protected trees, the
project developer shall assure the implementation of the following
measures:
PAGE 29 RESOLUTION NO. 32-2017
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
project's landscape plan.
b. It is anticipated that tree mitigation planting cannot be wholly
accommodated onsite. The tree mitigation planting conducted on
site shall be 24 -inch box size trees, which shall receive a credit of
four -inches per tree toward the total mitigation planting
requirement or 15 -gallon size trees, which shall receive a credit of
two -inches per tree toward the total mitigation planting
requirement. Tree mitigation planting that cannot be
accommodated onsite shall be handled through the project
developer's payment of an in -lieu 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 15 -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
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.
2. 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
PAGE 30 RESOLUTION NO. 32-2017
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 healthy as can be provided for under the
terms of the approved tree preservation agreement.
3. Unless determined to not be necessary and/or appropriate by the Town -
approved update to the May 1, 2017 Tree Report, the project developer shall
provide for the following in conjunction with exercising this project
approval:
a. Any changes to the plans affecting "protected" trees and/or
"heritage" trees located onsite that are slated for retention or located
offsite that have >15% of their dripline overlapping into the project
site (collectively project "protected" trees and/or "heritage" trees
slated for retention) shall be reviewed by the project consulting
arborist with regard to potential tree impacts. "Plans" subject to this
requirement include, but are not limited to, demolition plans, site
plans, improvement plans, utility and drainage plans, grading plans,
and landscape and irrigation plans.
b. The vertical and horizontal locations of the project "protected" trees
and/or "heritage" trees slated for retention shall be established and
plotted on appropriate plans. Once trunk locations are plotted on
plans and reviewed by the project consulting arborist, potential
construction impacts on individual trees shall be assessed and tree
protection zones for those trees shall be established.
C. A tree protection zone shall be established as appropriate around
each project "protected" trees and/or "heritage" trees slated for
retention. No grading, excavation, construction or storage of
materials shall occur within that zone. However, up to 12 inches of
fill may be placed around the trunks of these trees.
d. Underground services including utilities, sub -drains, water or sewer
shall be routed around tree protection zones. Where encroachment
cannot be avoided, special construction techniques, such as hand
digging or tunneling under roots, shall be employed where
necessary to minimize root injury.
e. Tree Preservation Notes, prepared by the project consulting arborist,
shall be included on all plans.
PAGE 31 RESOLUTION NO. 32-2017
f. Irrigation systems shall be designed so that no trenching will occur
within a tree protection zone.
g. Any herbicides placed under paving materials must be safe for use
around trees and labeled for that use.
h. No lime treatment applied during grading and compaction
operations shall occur within 50' of any project "protected" trees
and/or "heritage" trees slated for retention.
i. The demolition contractor and construction superintendent shall
meet with the project consulting arborist before beginning work to
discuss work procedures and tree protection.
The updated tree report shall indicate the type tree protection
measures that shall be utilized for project "protected" trees and/or
"heritage" trees slated for retention - indicating where protection
measures consisting of either hay bales stacked 6 -foot high or rolls
of erosion control material wrapped around the tree trunks shall be
utilized and where protection may take the form of installation of
fencing to enclose the tree protection zone prior to demolition,
grubbing or grading.
k. As tree pruning may be required to clean the tree crowns and to
provide construction clearance for project "protected" trees and/or
"heritage" trees slated for retention, all such pruning shall be done
by a State of California Licensed Tree Contractor (C61/D49) and all
such pruning shall be done in accordance with the Best Management
Practices for Pruning (International Society of Arboriculture, 2002)
and shall adhere to the most recent editions of the American
National Standard for Tree Care Operations (2133.1) and Pruning
(A300).
1. Supplemental irrigation for project "protected" trees and/or
"heritage" trees slated for retention that may affected by project
construction may be required, with such irrigation to be provided as
may be specified by the project consulting arborist.
K. BIOLOGICAL RESOURCES
Policy 21.10 of the Danville 2030 General Plan states: "Require a biological assessment
for development proposed ori sites that are determined to have the potential to contain
special -status species, sensitive natural communities, or 117etland resources."
PAGE 32 RESOLUTION NO. 32-2017
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 construction, the project developer shall retain a
qualified biologist to train all construction personnel regarding habitat
sensitivity, identification of special status species, and required practices.
2. Prior to the start of construction, the project developer shall retain a
qualified biologist to conduct pre -construction surveys to ensure that
western pond turtle (CRLF) are absent from the construction area. If CRLF
are present, a qualified biologist possessing all necessary permits shall
relocate them or they shall be allowed to move out of the construction area
on their own.
3. 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.
4. 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.
5. 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 surveys 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 cornmencement of site disturbance
activity, the survey shall be repeated.
6. 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 1
through August 31), a qualified biologist shall conduct a pre -construction
PAGE 33 RESOLUTION NO. 32-2017
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 14 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
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.
7. To prevent sediments associated with construction activity from entering
San Ramon Creek and its riparian woodland vegetation and to deter
western pond turtles (WPT) 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 WPT 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 qualifying nezo
development projects and redevelopment projects to comply zt)ith the Municipal Regional
Permit for stornzimter control and treatment."
A Revised Stormwater Control Plan was prepared for the project by BKF
Engineers (dated May 4, 2017).
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
PAGE 34 RESOLUTION NO. 32-2017
("COAs") include: COA #F.4; COA #H.4; COA #Q.4; and COAs #Q.10 through
#Q.17.
M. SOILS AND GEOLOGIC REPORT
Policy 24.03 of the Danville 2030 General Plan states: "Require soils and geologic
reports for all projects proposed in scenic hillside development areas, as defined by the
Toznn's Scenic Hillside and Major Ridgeline Development Ordinance, and in other areas
Where the potential for landslides, liquefaction, subsidence, or severe ground shaking exists.
Assure that development in these areas mitigates potential landslide hazards and other
geologic hazards." Policy 24.10 of the 2030 General Plan states: "Require submittal of
a Geotechnical report by a qualified engineering geologist, that specifies the location of
active faults, and reco3runends appropriate setbacks prior to construction of any structure
intended for human occupancy znithin the Alquist-Priolo Fault Zone."
A soils and geotechnical report was prepared for the project (i.e., the report
entitled 373 Diablo Road Apartments Danville, California, as prepared by Geocon
Consultants dated July 2015) which outlines an extensive amount of
recommendations that shall be incorporated into the final project design (i.e.,
Section 6 - Conclusions and Recommendations found on Pages 7 through 19 of the
report)..
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.3; and COAs#F.5 through #F.9.
N. ENVIRONMENTAL NOISE
Policy 27.01 of the Danville 2030 General Plan (2030 Plan) states: "Ensure that nein
residential development projects should meet acceptable noise level guidelines, as shozon in
Figure 26". Policy 27.02 of the 2030 Plan states: "Require acoustical studies for major
residential and other development projects, as appropriate, and impose noise mitigation
measures accordingly," Policy 27.03 of the 2030 Plan states: "The. Protect the noise
environment in existing residential areas shall be protected. Where acceptable noise levels
in residential areas (as shozon on Figure 5 - the Land Use Map) mould be exceeded or
further impacted as a result of nein development or transportation improvements, require
the use of noise mitigating measures, such as mall barriers, berms, snufflers, sound traps,
and baffles to reduce noise intrusion." Policy 27.05 of the 2030 Plan states: "Open space
should be used, znherever practical, to provide an adequate spatial separator betzneen noise
sources and sensitive land uses." Policy 27.09 of the 2030 Plan states: "Generally
maintain exterior noise levels belozn 60 Ldn in areas zohere outdoor use is a major
consideration, such as in residential backyards. Where the Toznn determines that this level
cannot be achieved after reasonable mitigation has been applied, higher standards may be
PAGE 35 RESOLUTION NO. 32-2017
permitted at the discretion of the Toum Council. In such cases, indoor noise levels should
not exceed an Ldn of 45 dB." Policy 27.11 of the 2030 Plan states: "Ensure that the
design of nein development near major noise sources (such as Interstate 680) reduces the
potential for fiiture occupants to be exposed to high levels of noise. Development on such
properties should incorporate appropriate noise, mitigation measures." Policy 27.13 of the
2030 Plan states: "Utilize noise reduction measures during all phases of construction
activity to minimize the exposure of neighboring properties to excessive noise levels."
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 Plan, 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 1-680 freeway to the extent feasible to mitigate
potential impacts associated with freeway noise, vibration, and/or air
quality."
A Noise Impact Analysis was prepared for the project by LSA Associates (dated
May 2017). Based on the findings and recommendations of that analysis, and
reflective of the Town standard practices to assure construction related noise is
appropriately addressed, the project developer shall implement the following
measures:
1. Project -Facilitated Construction 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. Construction Scheduling. Noise -generating construction activity shall
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
Saturdays, Sundays and holidays, unless authorized in advance by
the Town's Planning Division.
b. Construction Equipment Mufflers and Maintenance. 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'
recommendations for the respective equipment utilized.
PAGE 36 RESOLUTION NO. 32-2017
C. Construction Equipment Idling. The developer shall take reasonable
efforts to assure unnecessary idling of internal combustion engines
is limited.
d. Equipment Locations. Stationary noise -generating equipment shall be
located as far as reasonably feasible from sensitive receptors.
e. Construction Traffic. 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.
f. Quiet Equipment Selection. To the extent feasible, the project shall
make use of quiet construction equipment, particularly air
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.]
g. Noise Construction Liaison. A noise construction liaison shall be
designated by the developer to ensure coordination between
construction staff and property owners and residential and
commercial 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.
h. Prior to commencement of any construction activity, a qualified
acoustical professional shall be secured by the developer to review
specific equipment and 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.
2. Potential Exposure of Sensitive Receptors to Noise Levels Exceeding
Standards:
PAGE 37 RESOLUTION NO. 32-2017
a. Detailed analysis of residential interior noise levels shall be
completed during design following the requirements of the
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 2016 California
Building Code or such code in place at the time construction of the
project commences.
b. Sound -rated building construction shall be used to achieve
acceptable indoor noise levels (i.e., maximum of 45 dBA CNEL).
C. To ensure that interior noise standards are met for residential units
built in this project, all units shall be equipped with functional
mechanical ventilation (e.g., HVAC system) with a sound
attenuating "zee" duct to allow for air circulation while windows are
closed for noise control. Additional measures for sound -reducing
shall include the use of: (i) resilient channels (RC) for walls that are
exposed to. excessive exterior noise levels; (ii) windows with
relatively high sound transmission class (STC) ratings (e.g., in the
range of 35-40 or more); (iii) other special building construction
techniques for the purpose of minimizing exterior sound, such as
sound rated doors and sound rated walls. The specification of these
treatments shall be as developed during the architectural design of
the buildings and shall meet such to assure the interior noise
standard of 45 dBA CNEL will be meet for all units in the project.
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 Pliase I
Environmental Site Assessment (ESA) zolien development changes an existing use to a
more sensitive use (e.g., commercial use to residential use). If potential hazardous materials
concerns are identified, ensure that they are investigated and that sites are cleaned up to
residential standards under appropriate regulatory agency oversight prior to
developsien t. "
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.22 through #P.25.
PAGE 38 RESOLUTION NO. 32-2017
P. AIR QUALITY AND GREENHOUSE GASES ANALYSIS STUDY
Policy 33.04 of the Danville 2030 General Plan states: "During the development reviezi;
process, impose appropriate mitigation measures on nezc) development to reduce greenhouse
gas emissions." Policy 34.02 of the 2030 General Plan states: "Consider air pollution
impacts during the local Development Revieza process. Development should be located and
regulated to minimize the emission of direct and indirect air contaminants."
An Analysis of Air Quality Impacts prepared by Northgate Environmental
Management, Incorporated (dated March 23, 2016) was submitted for the Danville
Office Partners, LLC. This analysis was supplemented by a Health Risk
Assessment prepared by LSA Associates (dated May 2017).
In order to ensure consistency with the applicable General Plan policies, the project
shall be subject to the following measures to address and minimize air quality and
greenhouse gas impacts:
1. 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:
a. 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
necessary whenever wind speeds exceed 15 miles per hour.
Reclaimed water shall be used unless otherwise authorized by
Danville and EBMUD.
b. In place of, 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.
C. 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).
d. 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.
PAGE 39 RESOLUTION NO. 32-2017
Unless otherwise authorized by Danville and EBMUD, water
sweepers shall use reclaimed water.
e. Hydroseed or apply non-toxic soil stabilizers to inactive construction
areas.
f. Enclose, cover, water twice daily, and/or apply non-toxic soil
binders to exposed stockpiles (i.e., dirt, sand, etc.).
g. Limit vehicle traffic speeds on unpaved roads to 15 mph.
h. Replant vegetation in disturbed areas as quickly as possible.
i. Install sandbags or other erosion control measures to prevent silt
runoff from public roadways.
j. 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, within 48 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.
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
PAGE 40 RESOLUTION NO. 32-2017
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.
Under either scenario above, the following shall occur:
a. A list of construction equipment by type and model year shall be
prepared and maintained by the construction contractor on-site.
b. The construction contractor shall ensure that all construction
equipment is properly serviced and maintained to the
manufacturer's standards to reduce operational emissions.
C. 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 [CCR]). 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.
d. To the extent feasible, construction equipment shall not be staged
adjacent to existing residences or sensitive receptors..
3. The results of the inhalation risk analysis conducted for the project's Health
Risk Assessment indicated special construction design features needed to
be integrated into the project to reduce health risks to future residents who
would occupy project units along the eastern portion of the development.
The affected units would be units that are located close enough to I-680 to
exceed the individual source significance threshold for cancer risk as
established by the BAAQMD. As directed by the analysis in the Health Risk
Assessment, the project developer shall provide air ventilation systems
with filtration capable of removing particulate matter from indoor air to a
level sufficient to achieve compliance with the BAAQMD threshold. To
reduce the health risk level to an appropriate level, the control efficiency of
the installed systems must result in a reduction of 7.5 percent of particulates
of 2.5 microns or less, such as a Minimum Efficiency Reporting Value
(MERV) - 5 filters or other indoor air filtration systems, which would reduce
carcinogenic health risks for future residents of the site. Air intakes for
systems utilized shall be located as far away from 1-680 as feasible.
PAGE 41 RESOLUTION NO. 32-2017
Q. MISCELLANEOUS
1. 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.
2. 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 concerning this application,
The Town will promptly notify the project developer of any such claim,
action or proceeding and cooperate fully in the defense.
3. In conjunction with the submittal for a project demolition permit and/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 10-10 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/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
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.
4. 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 abide with the
hydrograph modification management (i.e., 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.
PAGE 42 RESOLUTION NO. 32-2017
* 5. 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
map that shows the square footage of the existing and proposed
impervious areas.
6. Prior to issuance of a grading permit, the project developer shall obtain 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. The project developer shall not construct any
improvements that will obstruct FC District access to adjacent parcels as
shown on the Reference Site Plan, Sheet A2, prepared by LCA Architects
with the last revision date of May 4, 2017.
7. Prior to issuance of a grading permit, the project developer shall submit
signed and stamped civil engineering plans depicting adherence to FC
District minimum turning radius and depicting H-20 loading pavement
within FC District easements.
8. A Final Stormwater Control Plan (FSCP) that defines the final Drainage
Management Areas (DMAs) and related Integrated Management Practices
(TMPs) shall be subject to review and approval by the Engineering Division
prior to submittal of the project improvement plans or grading plans to
PAGE 43 RESOLUTION NO. 32-2017
verify that all DMAs are properly described, sized, and located. The FSCP
shall be substantially consistent with the Revised Stormwater Control Plan.
(SCP) prepared for the project by BKF Engineers (dated May 4, 2017). All
C.3 stormwater facilities detailed in the FSCP 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
construction, architecture, landscaping and improvement plan details
prepared for the project shall conform to the approved FSCP. The FSCP
shall reflect plan revisions and modifications to address the following
Engineering Division comments on the Stormwater Control Plan prepared
for the project by BKF Engineers (dated May 4, 2017):
a. The Final Stormwater Control Plan (FSCP) shall be labeled as the
project's "Final Stormwater Control Plan;
b. The C.3. sizing calculator used in the FSCP text document shall be
modified from the calculate used in the SCP to include the actual
print out from the calculator and shall also include date run
information and verification that there were no warnings generated
during the data run;
C. The FSCP shall specify the type of porous pavement planned for use
in the project, along with applicable installation instructions and
industry cut -sheet information (to be accompanied with product
photographs);
d. In recognition that while the preliminary soils report only addressed
the use of "asphalt concrete" or AC and the SCP C.3 sizing calculator
and plans rely on the use of "porous asphalt", an addendum to the
soils report shall be provided that addresses the appropriateness of
using porous pavement at this project location and that forwards
more detailed design specifications for the planned porous
pavement than has submitted to date - with the addendum to give
particular attention to the installation condition where porous
pavement would directly interface with AC in the driveways, as the
construction methods utilized for these two pavement types varies
significantly;
e. In conjunction with the addendum to the soils report called for
above, the addendum shall provide direction on the base course
depth and compaction level to be used under the porous pavement;
PAGE 44 RESOLUTION NO. 32-2017
f. In recognition that the SCP indicates that porous asphalt is proposed
for all at -grade parking areas and for the drive aisle along the creek,
the FSCP shall address standards needed to align the requisite
pavement strength and durability standards with the corresponding
required minimum depth of base course;
g. The FSCP shall specify if sub -drains for pervious asphalt are
necessary or proposed and, if sub -drains are used, shall specify the
outlet elevations (which must be a minimum of three inches above
the bottom elevation of the base course);
h. The FSCP shall specify that porous asphalt shall be installed by
crews with special training and tools - Industry Associations
maintain lists of qualified contractors - and shall detail in the text of
the FSCP how this installation will be handled;
i. The building permit submittal for the project shall detail plumbing
runs for each rooftop DMA to ensure that they flow to the intended
IMP;
j. The underground storm drain pipes for the raised IMPs shall be
shown on the civil plans in the same manner as the ground -level IMP
storm drains are shown;
k. The project's final civil plans shall detail how the drainage in the
plaza areas atop the basement parking podium will be collected and
how the stormwater on the driveway to the underground parking
stricture will be captured and treated;
The FSCP shall address the inconsistency present between the design
of the IMPs as shown on L4.1 of the SCP and their design on the
preliminary civil plans;
M. The FSCP shall properly reference the location of the section details
shown on Sheet L4.1 the project SCP, with the IMP design details to
be modified as may be necessary to be consistent with the design
details contained in the CCCWP C.3 Guidebook;
n. The FSCP shall incorporate appropriate modifications to the storm
drain lines shown along the creek for "treated" storm water (the SCP
indicates this area to have three at -grade drain inlets that receive
untreated surface storm water, which is not permitted);
PAGE 45 RESOLUTION NO. 32-2017
o. The FSCP shall detail storm drain invert elevations, with this
information to be made available to the Engineering Division prior
to the initiation of the building permit application stage of the
project;
P. The FSCP shall indicate the requirement that each C.3 IMP is
required to have a corresponding recorded easement;
q. The FSCP shall indicate that an Operational and Management
(O&M) Agreement is required to be submitted for review and
approval by the Engineering Division prior to, or concurrent with,
the initiation of the building permit stage of the project;
r. Unless otherwise authorized by the Engineering Division, the FSCP,
as well as the final project improvement plans, shall detail that onsite
catch basins placed and designed to capture offsite storm drainage
coming onto the project site from neighboring properties shall not
collect any storm drainage from the project site;
S. In recognition that the SCP indicates that DMA 2 would receive
drainage from onsite pedestrian sidewalks (including the sidewalk
along the west side of the project and the sidewalks surrounding the
three residential buildings in the project), the areas of pervious
pavement, and the area of the drive aisles - the FSCP and final project
improvement plans shall detail how the flow to these IMPs will be
regulated to assure even distribution to the associated IMPs and
shall detail provisions to be included in the O&M Plan to assure how
this pump and valve system will be appropriately maintained and
operated;
t. In recognition that the SCP indicates IMPs that are excessively long
and irregularly shaped (i.e., IMPs 18 and 27), the FSCP shall detail
how drainage handled by these facilities and their drainage areas
will be evenly proportioned to receive runoff from the respective
drainage area it serves.
9. 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 for 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.
PAGE 46 RESOLUTION NO. 32-2017
10. 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.
11. 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. °
12. 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); g) soil media installation inspection (required prior to
irrigation installation); h) irrigation inspection (required prior to plant
material installation); i) 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.
13. 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
Operation and Maintenance Agreement shall identify the maintenance and
funding for proposed storm water management features at the project site
(i.e., bio -retention facility, storm water detention basin). All features shall
be maintained and funded by the local homeowners' association (HOA)'
CHAD, 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.
PAGE 47 RESOLUTION NO. 32-2017
14. 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
111 -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 Town, 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
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.
15. 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.
PAGE 48 RESOLUTION NO. 32-2017
16. 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 Association, 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.
17. 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 (Cal/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 11, Rule 2.
18. 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 1532.1,
which specifies exposure limits, exposure monitoring and respiratory
protection, 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.
19. If the asbestos containing -materials (ACM) report determines there are
ACMs present, the developer shall have the responsibility to: (a) remove
and dispose all ACM in accordance with applicable Federal, State and local
regulations governing asbestos including, but not limited to those
promulgated by OSHA, EPA, Cal -OSHA, Cal -DPH, DISC, and the Bay
Area Air Quality Management District (BAAQMD); (b) supply notification
to employees, contractors, subcontractors, and tenants having access to the
PAGE 49 RESOLUTION NO. 32-2017
buildings on the project site as to the presence, location, 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 Cal -OSHA registered asbestos contractor to
complete the recommended pre -demolition abatement of all ACM at the
site; (d) provision of a 10 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.
20. 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 Cal -OSHA.
21. Prior to issuance of a building permit, the project developer shall pay San
Ramon Creek Mitigation Fees for the increase of impervious area generated
by the project.
22. Prior to issuance of a building permit, the project developer shall finalize
all right-of-way transactions with the FC District necessary for the project.
The southeast corner of a proposed building on the east side of the site
encroaches inside a FC District easement, as shown on the Reference Site
Plan, Sheet A2, prepared by LCA Architects with the last revision date of
May 4, 2017. If that easement needs to be modified, the project developer
shall be responsible for all related FC District costs to provide for the
modification.
23. Prior to issuance of a building permit, the applicant shall remove all existing
pine trees located along the San Ramon Creek top of bank, as shown on the
Flood Control Planting Plan, Sheets L1.3 and L2.1 prepared by LCA
Architects with the last revision date of June 19, 2017.
ADVISORY COMMENTS:
1. 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
PAGE 50 RESOLUTION NO. 32-2017
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.
2. 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
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.
3. As indicated in East Bay Municipal Utility District's (EBMUD)'s preliminary
comments on the project (comments dated November 30, 2016), 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. When 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
31 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.
4. The updated comments on the project from the Contra Costa County Flood
District & Water Conservation District (FC District) were reflected in their
letter dated July 3, 2017. 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.
(Note language shown reflects edits made by the Danville Planning Division
to provide context and clarity):
PAGE 51 RESOLUTION NO. 32-2017
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, with this same area also offered in dedication to the Town of
Danville (as the successor agency to Contra Costa County) for street
and highway and incidental purposes. The Survey also shows 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. The
project developer and FC District have reached agreement allowing
modification of the 21 -foot -wide FC easement to accommodate the
proposed building on the east side of the project as shown on
Reference Site Plan, Sheet A2, prepared by LCA Architects with the
last revision date of May 4, 2017.
b. The FC District recommends considering the proximity of the San
Ramon Creek flood control channel during construction of the project
and implementing Best Management Practices to protect
contaminants and silt from entering the San Ramon Creek channel, as
well as not storing construction equipment or materials adjacent to
the creek or in the FC District's right-of-way.
C. Drainage should be connected to Diablo Road storm drain if drainage
patterns are improved or altered. If the existing onsite San Ramon
Creek stormwater outfall is modified, a FC District permit and
hydrology study may be required.
d. The proposed project is located in Drainage Area 18, an unformed
drainage area. Therefore, there are no drainage area fees due at this
time.
e. 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 1 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.
f. The project is adjacent to the San Ramon Creek flood control channel,
which is inside a FEMA Special Flood Hazard area, "Zone A", which
is subject to inundation by the 1% annual chance flood. The FC
PAGE 52 RESOLUTION NO. 32-2017
District recommends that the project addresses this issue and comes
up with a contingency plan should the 100 -year flood event occur.
g. As a result of coordination between the FC District and the project
developer, it was agreed that future planting may have tree clusters
and clear zones along the top of bank for San Ramon Creek
substantially as shown on the Flood Control Planting Plan, Sheets
L1.3 and L2.1, prepared by LCA Architects with the last revision date
of June 19, 2017.
h. After coordination with the FC District, the Reference Site Plan, Sheet
A2 shows adequate access to San Ramon Creek flood control channel.
The layout and labeling of parking spaces was discussed and agreed
on as shown on Sheet A2; however, future modifications to the project
layout shall be submitted to the FC District for review and approval.
i. The FC District recommends that the project developer be required to
comply with the current NPDES (National Pollutant Discharge
Elimination System) requirements under the Town Stormwater
Management and Discharge Control Ordinances and the C.3
Guidebook. The FC District supports the state's goal of providing
Best Management Practices to achieve the permanent reduction or
elimination of stormwater pollutants and downstream erosion.
j. The FC District and the project developer agreed that the developer
shall remove all pine trees present on the property in the vicinity of
the top of bank or San Ramon Creek. FC District has agreed to the
tree planning configuration as shown on the Flood Control Planting
Plan, Sheets L1.3 and L2.1, prepared by LCA Architects with the last
revision date of June 19, 2017.
k. The FC District recommends that no increase in peak discharge to San
Ramon Creek be allowed with the redevelopment of the project site
as this section of the creek has inadequate capacity.
5. The preliminary comments on the project from the San Ramon Valley
Unified School District (District) were reflected in their letter dated
December 1, 2016. The District advises as follows:
a. The residential project located at 373-379 Diablo Road, Danville, CA
will be subject to a residential rate developer fee, currently $6.22 per
square foot. The project is within the San Ramon Valley Unified
School District.
PAGE 53 RESOLUTION NO. 32-2017
b. The residential project will be subject to higher developer fees as a
result of the impact of Senate Bill 50 (SB50), 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,
2016, the Board of Directors adopted Resolution No. 16/16-17,
Establishing Alternative School Facility Fees (Level 2) in accordance
with the provisions of Senate Bill 50. The above-mentioned project is
subject to current fees.
C. The district's current student generation factors (SGF) for this type of
project are listed below:
UNITS: 150 MULTIFAMILY
GRADE
SGF RATE
STUDENTS
K-5
0.32
48
6-8
0.13
20
9-12
0.18
27
d. 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,
2016. Project Condition of Approval #A.9 integrates one recommendation
for the project. The letter, including all other comments and
recommendations, is included as an exhibit to the Planning Commission
Staff Report dated January 24, 2017 for the project.
7. 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, 2016. That letter was included as part
of Exhibit I of the Planning Commission Staff Report dated January 24, 2017
for the project.
8. 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
PAGE 54 RESOLUTION NO. 32-2017
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 notification, etc.)
APPROVED by the Danville Town Council at its regular meeting on July 18, 2017, by the
following vote:
AYES:
NOES:
Blackwell, Stepper, Storer
Morgan
ABSTAINED: Arnerich
ABSENT: None
APPROVED AS TO FORM:
CITY ATTORNEY
PAGE 55 RESOLUTION NO. 32-2017