HomeMy WebLinkAbout2022-05RESOLUTION NO. 2022-05
APPROVING DEVELOPMENT PLAN REQUEST DEV21-0012 AND VARIANCE
REQUEST VAR22-0004 TO ALLOW THE DEVELOPMENT OF A NEW 3,395
SQUARE FOOT TWO-STORY COMMERCIAL BUILDING COMBINING TWO
EXISTING PARCELS. A VARIANCE IS REQUESTED FOR A REDUCTION IN THE
REQUIRED SIDE AND FRONT YARD SETBACKS, THE DEVELOPMENT’S
FLOOR AREA RATIO (FAR), AND ON-SITE PARKING REQUIREMENTS. THE
SITE IS LOCATED AT 212 FRONT STREET.
WHEREAS, Capital Equity Management Group, Andrew Katakis (Owner/Applicant)
and FCGA Architecture, Galen Grant have requested approval of a Development Plan
(DEV21-0012), and Variance request (VAR22-0004) to allow the development of a new
3,395 square foot two-story commercial building combining two existing parcels. A
Variance is requested for a reduction in the required side and front yard setbacks, the
development’ floor area ratio (FAR), and on-site parking requirements; and
WHEREAS, the site is located at 212 Front Street, and further identified as Assessor’s
Parcel Number 216-120-038; and
WHEREAS, the project has been found to be Categorically Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 15303(c) Class 3, New
Construction or Conversion of Small Structures; and
WHEREAS, the Planning Commission did review the project at a duly noticed public
hearing on March 22, 2022; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED, that the Planning Commission of the Town of Danville approves
Development Plan request DEV21-0012 and Variance request VAR22-0004 per the
conditions contained herein, and makes the following findings in support of this action:
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FINDINGS OF APPROVAL
Downtown Development Plan
1. The applicant intends to obtain permits for construction within eighteen (18)
months from the effective date of plan approval in that, the project specific conditions
of approval require the submittal of construction drawings within eighteen (18) months
from the effective date of plan approval.
2. The proposed development plan is consistent with the General Plan in that, the
proposed project substantially conforms with the Downtown Master Plan and Danville’s 2030 General Plan Economic Development Policies.
3. The proposed development is consistent with the Town’s Downtown Business
District Ordinance, and that traffic congestion will not likely be created by the
proposed building or will be obviated by:
a. Presently project improvements;
b. Proper entrances and exits;
c. Internal provisions for traffic and parking; and
d. That the development will be an attractive and efficient building which will fit
harmoniously into and will not have adverse effects upon the adjacent or
surrounding development.
Variance
1. That any variance authorized shall not constitute a grant of special privilege
inconsistent with the limitations on other properties in the vicinity and the
respective land use district in which the subject property is located in that, the
proposed front yard setback variance would result in an average front yard setback of 5.5
feet, where an average 10-foot setback is required. However, granting this variance is not a
grant of special privilege as the effective setback to the back of the sidewalk would be 11’ 1”,
consistent with the requirements of other properties in the area; in that, the proposed side
yard setback variance would result in an encroachment of four feet into the required five-
foot side yard setback for the second story only. The proposed side yard setback is consistent
with many existing developments in the downtown area; in that the proposed floor area
ratio (FAR) variance would result in an effective FAR of 86%, which is consistent and in
character with other development in the downtown area; in that, the parking variance would
allow for 100% off-site parking while the zoning district requires that 75% of required
parking be provided on site. However, the subject site is near shared public parking, and the
allowance to provide up to 100% of required parking off-site with the payment of the Town’s
parking in lieu-fee is consistent with the limitation of other commercial developments in the
downtown area.
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2. That because of special circumstances applicable to the subject property because of
its size, shape, topography, location or surroundings, the strict application of the
respective zoning regulations is found to deprive the subject property of rights
enjoyed by other properties in the vicinity and within the identical land use district
in that, about one-third of the property extends into the adjacent San Ramon Creek area.
This area is un-buildable and is a constraint that is not common to most lots in the
downtown area.
3. That any variance authorized shall substantially meet the intent and purpose of the
respective land use district in which the subject property is located in that, the
proposed building will be in-scale with the character of the downtown area and allows for
the reasonable development of the property.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of demolition permits, grading permits or building permits (as determined
appropriate by the Planning Division). Each item is subject to review and approval by the
Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Development Plan request DEV21-0012 allowing the
development of a new 3,395 square foot two-story commercial building
combining two existing parcels. A Variance VAR 22-0004 is requested to
allow for a reduction in the required front yard setback for an average 5.5-
foot setback when a 10-foot average setback is required; a one-foot side yard
setback for both sides for the second story, while a minimum five-foot
setback is required; a floor area ration (FAR) of 86% while a maximum FAR
of 65% is allowed; and to allow 100% off-site parking while 75% on-site
parking is required. The site is located at 212 Front Street. Development shall
be substantially as shown on the project drawings titled:
a. Architectural plans labeled “212 Front Street,” as prepared by FCGA
Architecture, dated 10/28/21.
b. Landscape Plans labeled “212 Front Street,” as prepared by Borrecco
Kilian & Associates, dated 10/6/21.
c. Civil Drawings labeled “212 Front Street,” as prepared by CBG Civil
Engineers, dated 10/14/21.
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2. The applicant shall submit a written Compliance Report, signed by the
applicant, detailing how the conditions of approval for this project have
been complied with as part of the initial submittal for the final map, plan
check, and/or building permit review process (whichever occurs first). This
report shall list each condition of approval followed by a description of
what the applicant has provided as evidence of compliance with that
condition. The report is subject to review and approval by the City Engineer
and/or Chief of Planning and/or Chief Building Official and may be
rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
* 3. Prior to issuance of Demolition Permit, Grading Permit, or Building Permit
(whichever comes first), the applicant shall reimburse the Town for
notifying the following:
Public Notification of property owners within 750-foot radius: $566.49 (101
notices x $0.83 per notice) + ($105) x (3 mailings); and
* 4. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District and the San Ramon Valley Unified School
District have been, or will be, met to the satisfaction of these respective
agencies.
5. Prior to issuance of Demolition Permit, the applicant shall conduct a
Phase I- Inventory of Cultural Resources pursuant to the Native
American Heritage Commission Standards.
6. If during the course of project construction, archaeological resources
or human remains are discovered, work shall be halted within 20 feet
of the find until a qualified professional archaeologist can evaluate it.
Work shall not recommence until the project archaeologist has
submitted documentation to the Town indicating that discovered
resources have been adequately salvaged and no further resources
have been identified within the area of disturbance.
7. Pursuant to Section 7050.5 of the Health and Safety Code and Section
5097.94 of the Public Resources Code of the State of California, in the event
of the discovery of human remains during construction, no further
excavation or disturbance shall be conducted on the site, or any nearby area
reasonably suspected to overlie adjacent remains. The Contra Costa
County Coroner shall be notified and make a determination as to whether
the remains are Native American. If the Coroner determines that the
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remains are not subject to his authority, he shall notify the Native American
Heritage Commission who shall attempt to identify descendants of the
deceased Native American. If no satisfactory agreement can be reached as
to the disposition of the remains pursuant to this State law, then the land
owner shall re-inter the human remains and items associated with Native
American burials on the property in a location not subject to further
subsurface disturbance.
* 8. Prior to any construction work on the site, including grading, the applicant
shall install a minimum 3’x3’ sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job.
* 9. The applicant shall provide security fencing as determined necessary and,
to the satisfaction of the City Engineer and/or the Chief Building Official,
around the construction site during construction of the project.
* 10. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan. This plan shall address: off-site improvements to be installed in
conjunction with each phase; erosion control for undeveloped portions of
the site; timing of delivery of emergency vehicle access connections; and
phasing of project grading. No structure shall be occupied until
construction activity in the adjoining area is complete and the area is safe,
accessible, provided with all reasonably expected services and amenities,
and appropriately separated from remaining additional construction
activity. The phasing plan shall be subject to the review and approval of the
City Engineer and Chief of Planning.
* 11. Planning Division sign-off is required prior to final Building Inspection
sign-off.
12. Prior to issuance of Demolition Permit, Grading Permit (whichever comes
first), or site disturbance the following conditions shall be complied with:
a. Site Management Plan (SMP) and Health and Safety Plan (HSP) shall
be prepared that establishes appropriate management practices for
handling suspect conditions (e.g., soil with an odor or discoloration)
or structures, if encountered during construction activities.
b. An asbestos survey shall be conducted by an Asbestos Hazard
Emergency Response Act (AHERA) and California Division of
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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.
c. 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 applicant
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.
d. If the asbestos containing-materials (ACM) report determines there
are ACMs present, the applicant shall have the responsibility to:
• 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, DTSC, and the Bay Area Air
Quality Management District (BAAQMD);
• Supply notification to employees, contractors, subcontractors,
and tenants having access to the 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;
• 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;
• Provision of a 10-working day minimum advanced written notification to BAAQMD prior to demolition activities (with said
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notice to be accompanied by payment of requisite administrative
fees); and
• Provision of an “Intent to Conduct ACM Related Work”
notification to Cal-OSHA.
e. If the lead-based paint (LBP) report determines there are LBPs present,
the applicant 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.
f. A permit is required from the Contra Costa Health Services Department
- Environmental Health Division (CCEH) for any well or soil boring
prior to commencing drilling activities, including those associated with
water supply, environmental investigation and cleanup, or geotechnical
investigation.
13. During ground disturbance and if artifacts and/or human remains are
uncovered, the applicant should immediately stop construction. The
applicant shall then notify Ed Silva, Natural Resources Coordinator of
Wilton Rancheria Tribe; Katherine Perez, Nototomne Cultural Preservation
Tribe; and Andrew Galvan, The Ohlone Indian Tribe; and the appropriate
Federal and State Agencies. Such provisions are stated in the;
Archaeological Resources Protection Act (ARPA) [16 USC 469], Native
American Graves Protection and Repatriation Act (NAGPRA) [25 U.S.C.
3001-30013], Health and Safety Code section 7050.5, and Public Resources
Code section 5097.9 et al.
14. Prior to issuance of building permits for the project, the applicant shall pay
the Town’s off-site parking in-lieu fee for required off-site parking. The fee
includes the loss of two existing on-site parking spaces and credit for two
parking spaces at the office parking demand rate for the existing 500 square
foot building. The new 3,395 square feet of office space has a parking
demand of 1 space per 225 square feet, and the 560 square foot mezzanine
area has a parking demand of 1 space per 1,000 square feet. After applying
the Town’s 20 percent shared parking reduction multiplier, the total fee
shall be $165,694.00.
15. Parking related to this building shall not be allowed in the private parking
lot across Front Street at 185 Front Street, unless approved by that property
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owner. Language to this effect shall be included in all lease agreements for
this building.
16. Prior to the issuance of a building permit for the project, the applicant shall
submit to the Town language to be included in all lease agreements stating
that all tenant employees shall obtain municipal parking permits and park
in appropriate public parking areas.
B. SITE PLANNING
* 1. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to installation. To the
extent feasible, such transformers shall not be located between any street
and the front of any building.
2. Prior to issuance of Building Permit, the applicant shall submit the location
and detail of Town approved bicycle parking/racks.
3. The applicant shall dedicate a public access easement from Front Street (to
the left of the building) and extending across the rear of the building
generally following the existing flood control maintenance trail.
4. Solid waste storage shall be substantially as shown on the plan labeled
Exhibit 1, on file with the Planning Division. The final garbage storage
design shall be subject to review and approval by the solid waste disposal
provider and the Town of Danville.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division and the Design Review Board. 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.
* 3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 10 or 15-
gallon container size shrubs.
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* 4. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover or covered with mulch. All proposed ground cover shall
be placed so that it fills in within two years.
5. The builder shall be required to replace the existing curb cuts with the curb,
gutter, and sidewalks, including brick banding, consistent with the Town’s
Downtown Street Beautification Plans.
D. 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 grading or demolition, the
applicant shall post the site and mail to the owners of property within 300
feet of the exterior boundary of the project site, to the homeowner
associations of nearby residential projects and to the Town of Danville
Development Services Department, a notice that construction work will
commence. The notice shall include a list of contact persons with name, title,
phone number and area of responsibility. The person responsible for
maintaining the list shall be included. The list shall be kept current at all
times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for
dust, noise and litter control shall be expressly identified in the notice.
* 3. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall include
specific recommendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Town’s Engineering and
Planning Divisions.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
* 5. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 6. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
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determined and implemented. The concentrations, extent of the
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 applicant shall make
provisions for immediate containment of the materials.
7. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
8. Prior to issuance of Demolition Permit, Grading, or Building Permits, the
applicant shall obtain the following permits and include revisions to the
construction drawing plan set to be reviewed and approved by the Contra
Costa Environmental Health (CCEH) as follows:
a. Obtain a permit from CCEH for any well or soil boring prior to
commencing drilling activities, including those associated with water
supply, environmental investigation and cleanup, or geotechnical
investigation.
b. Hazardous construction and demolition (C&D) materials shall be
separated from those than can be recycled or disposed of.
c. Debris from construction or demolition activity must go to a solid waste
or recycling facility that complies with the applicable requirements and
can lawfully accept the material (e.g., solid waste permit, EA
Notification, etc.). The debris must be transported by a hauler that can
lawfully transport the material. Debris bins or boxes of one cubic yard or
more owned by the collection service operator shall be identified with
the name and telephone number of the agent servicing the container.
d. Non-source separated waste materials must not be brought back to the
contractor’s yard unless the facility has the appropriate solid waste
permit or EA Notification.
e. If tenancy is subject to regulation by CCEHD, the tenant must apply for
the applicable health permit (e.g., medical waste).
E. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
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* 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.
* 3. Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
4. Prior to issuance of Grading Permit, Building Permit, the applicant shall
submit construction drawings to Central Contra Costa Sanitary District
(Central San) for review and approval. Central San has included the
following conditions/revisions required to be included on any construction
drawings:
a. The applicant shall obtain a permit for the proposed project. The
applicant will be required to first cap and abandon or reuse the existing
lateral.
b. Prior to submittal of Improvement Plans, the applicant shall submit a
full-size Improvement plan to the Central Sanitary District for review
and approval. The commercial businesses would be subject to Central
San’s Source Control Ordinance and specific source control requirements
shall be reviewed and approved during Improvement plan submittal.
c. The applicant shall submit payment of capital improvement fees for
developments that generate an added wastewater capacity demand to
the sanitary sewer system.
F. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division or the Contra Costa County Public Works Department prior to
commencing any construction activities within any public right-of-way or
easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. 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 expressly prohibited.
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* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
* 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 Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. Public streets shall be improved to the standards in #G.5. above. Private
streets shall be improved to public street structural standards. Private street
improvements, and their dimensions, shall be as shown on the project plans
identified in #A.1. above and shall conform to Standard Plan 104 a & b.
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
9. Prior to issuance of Building Permit, the applicant shall include the
following notes on the construction drawings and will be required to
submit for San Ramon Valley Fire Protection District review and approval:
a. For buildings 30 feet (11 meters) and over in height above natural grade,
the required fire apparatus access roadway shall be a minimum of 26-feet
(8 meters) in width and shall be positioned parallel to at least one entire
side of building, and the inside curb shall be located within a minimum
of 15 feet (4,572 mm) and a maximum of 30 feet (9,144 mm).
b. Fire flow requirements for buildings or portions of buildings and
facilities shall be in accordance with CFC or other approved methods.
Provide flow data from appropriate water purveyor to demonstrate that
the fire flow is adequate.
G. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
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design, but not the use, may be approved by Staff. Any other change will
require Planning Commission approval through the revised final
Development Plan review process.
* 2. Conditions of this approval may require the applicant to install public
improvements on land over which neither the applicant, nor the Town, has
easement rights to allow for the installation of the improvements. The
applicant shall be responsible for acquisition of said easement rights
through private negotiations. If the applicant is unsuccessful in
negotiations, the applicant shall apply to the Town for use of eminent
domain powers in accordance with Town Resolution No. 78-85. All
easement rights shall be secured prior to Town Council final approval of
any subdivision map. All costs associated with such acquisition shall be
borne by the applicant.
* 3. Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) 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, which action is brought within the time period provided for in
Section 66499.37. The Town will promptly notify the applicant of any such
claim, action or proceeding and cooperate fully in the defense.
* 4. The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project’s overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project’s
Stormwater Control Plan and are to be implemented as follows:
a. Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant’s approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in the
approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town’s Stormwater
C.3 Guidebook.
b. As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
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Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
5. The property owner shall be responsible for maintenance and maintain the
following:
a. Landscaping, including street trees, plant material on corner of site, and
within parking lot.
b. Bicycle racks.
c. Permeable pavers on sidewalk and within project vicinity.
APPROVED by the Danville Planning Commission at a regular meeting on March 22,
2022, by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
______________________________
CHAIRMAN
APPROVED AS TO FORM: ATTEST:
_______________________________ _____________________________
CITY ATTORNEY CHIEF OF PLANNING
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