HomeMy WebLinkAbout2022-09RESOLUTION NO. 2022-09
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING A CONDOMINIUM SUBDIVISION MAP,
DEVELOPMENT PLAN REQUEST DEV21-0013 AND LAND USE PERMIT
REQUEST LUP 22-0009 ALLOWING THE CONSTRUCTION OF A NEW 51,290
SQUARE FOOT TWO-STORY MIXED-USE BUILDING. THE PROPOSED
DEVELOPMENT INCLUDES 37 RESIDENTIAL CONDOMINIUM UNITS
TOTALING 46,680 SQUARE FEET, AND 3,920 SQUARE FEET OF COMMERCIAL
RETAIL SPACE ALONG THE HARTZ AVENUE FRONTAGE. THE SITE IS
IDENTIFIED AS 600 HARTZ AVENUE (APN: 208-022-041)
WHEREAS, Fazloah & Fariba Poursohi (Owner) and The Address Company (Applicant)
have requested approval of a Development Plan request DEV21-0013 and Land Use
Permit request LUP 22-0009 to allow the construction of a new 51,290 square foot two-
story mixed-use building on a 1.19-acre site; and
WHEREAS, a condominium subdivision map is requested to create 37 condominium
residential units; and
WHEREAS, the 37 residential condominium units total 46,680 square feet, 3,920 square
feet of commercial retail space along the Hartz Avenue frontage, and a 31,360 square foot
subterranean parking garage containing 79 parking spaces; and
WHEREAS, a Tree Removal permit is requested to allow for the removal of up to 10
Town-protected trees; and
WHEREAS, the subject site is located at 600 Hartz Avenue, and is further identified as
Assessor's Parcel Number 208-022-041; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project revisions and/or
recommended conditions of approval, no significant adverse environmental impacts are
expected to be associated with the project; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
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WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing
concerning the project at a noticed public hearing on May 10, 2022; now, therefore, be it
RESOLVED that the Danville Planning approves the Mitigated Negative Declaration of
Environmental Significance and approves the condominium subdivision map,
Development Plan request DEV21-0013, Land Use Permit request LUP 22-0009, and the
Tree Removal request, and makes the following findings in support of this action:
FINDINGS OF APPROVAL
Condominium Subdivision Request:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2030 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations as established under the Town’s Downtown
Business District 11; Special Opportunity zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facility
services will be available to the new parcels.
4. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential and commercial
development has previously occurred.
5. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision.
Development Plan Request:
1. The owners/applicants intend to obtain permits for construction within 30 months
from the effective date of project approval.
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.
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3. The project is substantially consistent with the DBD; Downtown Business District
Area 11 – Special Opportunity Site zoning standards, is consistent with the Town’s
vision for the redevelopment of the area and the creation of a pedestrian oriented
character described for the core downtown area by goals and policies of the
Downtown Master Plan.
4. The proposed project is consistent with the intent and requirements of the DBD;
Downtown Business District Ordinance.
5. The proposed project will not be detrimental to the health, safety, and general
welfare of the Town.
6. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
Land Use Permit:
1. The land use allowing ground floor residential use will not be detrimental to the
health, safety, and general welfare of the Town in that, the proposed development
is an infill development and is consistent with the requirements of the Town’s
Downtown Business District Ordinance and 2030 General Plan.
2. The land use will not adversely affect the orderly development of property within
the Town in that, the proposed development is consistent with all Town policies
and regulations. Building permits will be required for the development assuring
public safety in keeping with other development is the area.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town in that, the use would not adversely
affect the preservation of property values while operating as a mixed use
commercial and residential use in a business district.
4. The land use will not adversely affect the policy and goals as set by the Danville
2030 General Plan in that the proposed land uses are consistent with Policy 4.06 of
Downtown Danville that states:
Policy 4.06 – Encourage Downtown Danville’s continued growth as a business
district that meets the needs of Danville residents and workers.
5. The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community.
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Tree Removal Request:
1. The removal of six Town-protected oak trees and four Heritage redwood trees are
necessary to allow for the reasonable development of the property. The building
footprint, associated improvements, and excavation required to construct the basement
parking area preclude the ability to work around and preserve these trees.
2. Removal of the tree will not have a long term significant negative effect upon
shade or privacy between properties or the scenic beauty of the area.
3. The removal of the tree will not have a negative effect upon soil erosion, nor will it
result in a significant diversion or increase in the flow of surface water.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (“*”) in the left-hand column are standard project
conditions of approval. Conditions of approval typed in italicized text are mitigation measures
derived from the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to approval of the
final map or issuance of grading or building permits for the project.
A. GENERAL
1. This approval is for a condominium subdivision map, Development Plan
request DEV21-0013 and Land Use Permit request LUP 22-0009 allowing
the construction of a new 51,290 square foot two-story mixed-use building.
The proposed development includes 37 residential condominium units
totaling 46,680 square feet, and 3,920 square feet of commercial retail space
along the Hartz Avenue frontage. The proposed project includes a 31,360
square foot subterranean parking garage. A Land Use Permit is approved
to allow residential use on the ground floor (behind commercial space
fronting Hartz Avenue), and a Tree Removal request is proposed to allow
for the removal of 10 Town-protected trees. The site is located at 600 Hartz
Avenue. Development shall be substantially as shown on the project
drawings and project studies as follows:
(a) Site Plans, Floor Plans, Building Elevation and Renderings Building
Material Plans, Floor Plans, Tree Plan, Colors and Materials, and
details labeled “600 Hartz Avenue,” as prepared by WHA
Architects, Inc., dated February 18, 2022.Hartz Drive Entry Study
dated March 10, 2022.
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(b) Condominium Map, Preliminary Grading and Utility Plan,
Demolition Plan, and Drainage Plans,” depicting the proposed
development as prepared by Carlson, Barbee & Gibson, Inc. dated
October, 2021.
(c) Conceptual Landscape Plan, Sections, Elevations, and Details
labeled 600 Hartz Avenue,” as prepared by MJS Landscape
Architecture, dated February 8, 2022.
(d) Traffic Analysis, as prepared by Fehr & Peers dated April 26, 2022.
(e) Arborist Report as prepared by Traverso Tree Service, dated
February 17, 2021.
(f) Geotechnical Investigation as prepared by Stevens, Ferrone & Bailey,
Engineering Company, Inc., dated April 14, 2022.
2. The developer shall be responsible for the payment of all development
processing fees and impact fees associated with the project. 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 approval of the final
map or issuance of grading or building permits. In addition to various plan
checking and inspection fees, notice should be taken of the following fee
categories that will be applicable to the project:
The following fees are due at final map approval for the above-mentioned
project:
1. Base Map Revision Fee .................................................... $ 291.00
2. Map Check Fee (1-lot Condo Map) ..............................$ 2,704.00
3. Improvement Plan Check Fee ......................3% of cost estimate
4. Engineering Inspection Fee ..................................5% of estimate
5. Grading Plan Check & Inspection Fee ................................ TBD
6. Drainage Area 10 Fee (Flood Control) ................................ TBD
7. Excavation Mitigation Fee (Flood Control) ........................ TBD
8. Park Land in Lieu Fee (37 Units @ $7,255/unit).....$ 268,420.00
The following fees are due at building permit issuance for the above-
mentioned project:
1. Child Care Facilities Fee ............................................. $ 115/unit
2. Stormwater Control Plan Review............33% of consultant fee
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3. NPDES Fee ...................................................................... $ 1,392.00
4. SCC Regional Fee .......................................................$ 1,593/unit
5. Residential TIP Fee ....................................................$ 1,400/unit
6. Tri-Valley Transportation Fee .................................$ 3,484/unit
Note: Credit has been given for the existing 7,660 square foot commercial
building.
3. Prior to issuance of building permits, the developer shall reimburse the
Town for notifying surrounding residents and interested parties of the
public hearings and study sessions for the project. The fee shall be $618.00
($110.00 + 204 notices X $0.83 per notice X 3 notifications).
4. Prior to the issuance of grading or building permits, the 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.
5. Within five days of project approval, the developer shall submit to the
Town of Danville fees required to file a Notice of Determination for this
project as required by AB 3185.
6. In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Development Services Department
notified, and 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.
7. The developer shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers, which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
8. Construction activity shall be restricted to the period between the weekday hours of
7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the developer shall install a 3’ x 3’ sign at the
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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 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.
10. 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.
* 11. All physical improvements shall be in place prior to occupancy of any
building in the project. If occupancy within the project is requested to occur
in phases, all physical improvements serving that phase shall be required
to be in place prior to occupancy, except for items specifically excluded in
a construction-phases occupancy plan approved by the Planning Division.
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.
* 12. As part of the initial submittal for the demolition permit and/or building
permit review process (whichever occurs first), the 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.
13. Except as provided for through these project conditions of approval,
development of the commercial portion of the project, and the allowable
and conditionally allowable uses established within this portion of the
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project, shall comply with DBD; Downtown Business District Area 11 -
Special Opportunity Site standards.
14. 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 Planning and Engineering Divisions 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 publicly owned
property unless preauthorization is secured from the Engineering Division
through an encroachment permit.
15. If tree removal must take place between February 1st and August 31st,, preconstruction nesting surveys shall be conducted by a qualified biologist to
ensure no nesting birds would be impacted by the trees’ removal. If birds are determined to be nesting in the tree(s) slated for removal or in a nearby tree that
could be disturbed by noise, a non-disturbance buffer shall be demarcated around
the nest tree and no disturbance shall occur within the buffer zone until the present
birds have finished nesting. Once nesting is completed and the young birds are
flying freely, the non-disturbance buffer may be removed.
16. A deed notification shall be recorded to run with the title of each residential
condominium created under this project which notifies the owner that
Hartz Avenue is subject to closure during various special event throughout
the year. At those, times, the owner may not have vehicular access to or
from the development’s parking garage.
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 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 Planning Division and 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 shall be subject to
review and approval by the Planning Division. Unless determined not
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feasible by these reviewing bodies, such transformers shall not be located
between any street and the front of a building and shall be adequately
screened and mitigated with appropriate landscaping.
3. The applicant shall dedicate a public access easement over the trail
connection from Hartz Avenue to the Front Street parking lot. Appropriate
lighting shall be installed to allow for safe nighttime passage. The walkway
shall remain open and available to the public.
4. Wildlife exclusion fencing would be installed around the perimeter of the drainage
channel, the perimeter of the project site, and around environmentally sensitive
areas and any documented occurrences of rare plants to ensure that ground
dwelling wildlife species are precluded from accessing the construction area.
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
Planning Division and 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. 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. Generally, trees shall be a minimum of 15-gallon container size. The screen
trees in the rear and side of the building shall be minimum 24” box size
trees. 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.
* 4. 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.
5. The developer shall be responsible for the installation of sidewalk
beautification elements, or the repair of previously installed improvements,
such as brick banding and street trees, consistent with the Town’s
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Downtown Beautiful Plan. New curb, gutter, and sidewalk shall be
constructed where need to replace existing driveway cuts.
6. The developer shall be required to mitigate the loss of 10 Town-protected trees. The
total diameter of trees to be removed is 211.5 inches. As a result, the applicant shall
be responsible for the planting of either 106 15-gallon trees or 53 24-inch box size
trees. It is anticipated that these trees would not be able to be planted on site, given
the footprint of the proposed building. Therefore, trees would be planted off-site
within Town parks and open space area subject to the applicant’s payment of an
off-site mitigation fee. The mitigation fee shall be $250.00 per 15-gallon tree or
$500.00 per 24-inch box size tree.
7. The developer shall work with the project arborist and the Town and
attempt to preserve Tree #101. Should this tree be able to be preserved, the
mitigation tree replacement described in the condition above may be
reduced accordingly.
8. The developer shall work with the project arborist, project engineer and the
Town to modify the proposed storm drain system at the northeast corner of
the site with the goal of preserving as many trees as possible, including trees
50-54 as shown on the project plans. Removal of these trees will only be
approved if it is found that there are no feasible alternate designs for the
storm drain system.
9. The driveway material at the exit for the parking garage shall include a
textured surface which serves to potentially slow speeds and to warn the
driver of the approaching the pedestrian sidewalk crossing.
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 a trash/recycling
enclosure that is 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 (i.e., shall be integrated as part of
the structure containing within the below grade parking garage. The
trash/recycling area shall have lockable and self-closing doors. Prior to the
issuance of a building permit, the developer shall coordinate with the
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project site’s solid waste purveyor to verify that the planned
trash/recycling area is appropriately sized and located to handled
projected trash and recycling generation levels for the project. The area
drain for the trash/recycling area shall be connected to the sanitary sewer,
not the storm drain system.
3. Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board (DRB) prior to the
issuance of building permits for new construction. Color mock-ups shall
be made available at the project site prior to scheduling the project
buildings for final DRB review.
4. 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.
5. Details for Master Sign Program Sign Review request shall be submitted for
review and approval by the Design Review Board.
6. No window tinting is permitted in any windows or doors without prior
authorization from the Planning Division.
7. 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.
8. In conjunction with the preparation of the final working drawings for the
residential buildings, efforts shall be made to maximize the size of
individual storage areas available to all project residential units.
9. Final architectural drawings shall reflect Hartz Drive Entry Studies Option
B.
E. PARKING
1. The applicant shall be required to pay the Town’s off-site parking in-lieu
fee for parking demand created by the project which will not be
accommodated on-site. For multifamily developments, the Downtown
Business District Ordinance require 1 space and ½ guest spaces for one-
bedroom units and 2 spaces and ¼ guest spaces for two-bedroom units. As
a result, 77.25 parking spaces are required for the residential component of
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the project. For the proposed 3,920 s.f. retail area, the parking requirement
is one space per 250 s.f. for a total of 15.68 parking spaces. The project
proposes 79 on-site parking spaces, as a result the project would be required
to purchase 13.93 spaces off-site through payment of the Town’s off-site
parking in-lieu fee. Assuming retail use of all 3,920 square feet of the
commercial area, the fee would be $40,943. If full service or limited service
restaurant is proposed to occupy the commercial space, additional fees,
subject to the fees in place at the time of issuance of tenant improvement
plans, shall be paid to the Town.
2. Prior to the issuance of a building permit for the project, a Parking
Management Plan agreement for the project shall be developed and
submitted for review and approval by the Planning Division and the
Transportation Division. Each commercial tenant occupying the project
shall be provided an executed copy of the Parking Management Plan along
with their rental agreements and each individual lessee shall submit written
verification of their awareness and acceptance of the requirements of the
Plan. The Plan shall include, at a minimum, the following provisions: (a)
commitment to provide and maintain directional signage indicating where
the nearest municipal parking facilities are located; (b) a system to monitor
ongoing compliance with the Plan; (c) a mechanism to allow changes to the
Plan as may be deemed necessary over time to meet the established goals
of the Plan (with such changes to be submitted to the Planning Division and
the Transportation Division for review and approval); (d) commitment by
the property owner to provide commute alternative information to all
tenants prior to their respective occupancies in the project; (e) a
commitment by the property owner that all reasonably feasible efforts shall
be made to enforce the intent and requirements of the Plan; (f) commitment
by the property owner to require all business owners and their employees
to secure.
* 3. 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.
* 4. 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 allowable overhang.
5. 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 Engineering Division.
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6. All parking spaces located within the accessed-controlled residential
garage shall be maintained and utilized for their intended purpose (i.e., to
allow the assigned parking of resident vehicles). Language shall be
included within the project CC&Rs that specifies this requirement and
establishes a mechanism for property-owner imposed fines for residents
who do not comply with this requirement.
7. The developer shall be required to unbundle the parking cost from the sale price:
residents pay one price for the unit and a separate price for parking, should they
opt for a space. The cost of parking shall be adjusted such that resident parking
demand and supply are in equilibrium. This requirement shall be included within
the project CC&Rs.
8. The developer shall assign specific parking spaces to tenants who opt to lease a
parking space and provide flexible parking space lease terms that allow for
termination of the parking space lease during the residential term. This requirement
shall be included within the project CC&Rs.
9. Tandem spaces shall be assigned to the same unit. This requirement shall be
included within the project CC&Rs.
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 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. The names of individuals responsible for dust,
noise and litter control shall be expressly identified on the notice.
* 3. Where geotechnical conditions encountered in grading operations and/or
site preparation work are different from that anticipated in the preliminary
geotechnical report or the design-level geotechnical exploration, a revised
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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.
G. STREETS
* 1. The 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. Project street signing shall be installed by the developer, as may be required
by the Engineering Division. 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 subject property shall be repaired to the
satisfaction of the Engineering Division, at full expense to the developer.
This shall include slurry seal, overlay or street reconstruction if deemed
warranted by the Engineering Division.
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.
At the time project improvement plans are submitted, the developer shall
supply to the Engineering Division an up-to-date title report for the subject
properties.
6. The applicant shall prepare and implement a Residential Travel Demand Management (TDM) Plan. Prior to issuance of residential building permits, the
project applicant shall develop a TDM Plan for the residential components of the
proposed project, including any anticipated phasing, and shall submit the TDM
Plan to the Town for review and approval. The TDM Plan shall identify trip
reduction strategies as well as mechanisms for funding and overseeing the delivery
of trip reduction programs and strategies. Trip reduction strategies applicable to
the residential portions of the proposed project may include, but are not limited to,
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the following: a. Increase Transit Accessibility; b. Provide Traffic Calming
Measures; c. Provide Carpooling Programs; d. Implement Car-Sharing Program;
e. Provide a Transit Riders Guide; f. Provide an Online TDM Information Center; g. Increase Bicycle and Pedestrian Facilities/Amenities; h. Free Trial Rides on
Transit Services; I. Implement a Subsidized or Discounted Transit Program.
7. The TDM Plan shall require regular periodic evaluation of the program to
determine if the program goals in reducing automobile travel are satisfied and to
assess the effectiveness of the various strategies implemented. Site management
shall conduct annual travel surveys and driveway counts to monitor the amount of
automobile travel generated by the project. Based on the results of the surveys, the
TDM programs shall be increased if these requirements are not met.
Annual travel surveys and driveway counts (TDM program monitoring) shall be
conducted for the first two years following project occupancy. The results of the
monitoring program and travel surveys shall be submitted to the Town for review
and approval. If the program VMT reduction goals are met in the first two years,
annual monitoring and surveys shall be suspended. If the program’s VMT
reduction goals are not satisfied, site management shall prepare and submit for
Town approval a Corrective Action Plan: The Corrective Action Plan shall detail
the additional TDM measures to be implemented on site and their expected
travel/mode split reduction. Additional annual travel surveys and driveway counts
shall be conducted for the two years following the implementation of the Corrective
Action Plan to determine if the program’s VMT reduction goals are satisfied.
8. The applicant shall be required to install signage and/or curb markings to restrict
parking directly adjacent to the entrance to the garage driveway at a length of 15
feet to enhance traffic safety and maintain line of sight.
9. New landscaping at driveway area shall be low level shrubs (appropriately
maintained) that do not impede sight distance.
10. The applicant shall Install a R1-1 “STOP” sign at the garage driveway entrance
for vehicles exiting the driveway.
11. To alert pedestrians of vehicles exiting the garage, the applicant shall install an
electronic warning sign system at the garage driveway entrance, and shall be
subject to review and approval by the Transportation Division.
12. The applicant shall provide a sidewalk width along the project’s frontage in
accordance with city standards.
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13. The applicant shall work with the Town to designate a 50-foot convertible
commercial/passenger loading zone demarcated with signage and curb markings
along the project’s Hartz Avenue frontage to allow for retail deliveries and residential loading and unloading.
14. To confirm vehicles’ ability to turn properly into the proposed on-site parking
spaces, the applicant shall provide turning movement analysis for passenger
vehicles prior to recordation of the condominium map.
15. The applicant shall install EV Charging Stations in accordance with State
Requirements.
16. Prior to issuance of building permits, the applicant shall provide details regarding
the bicycle storage rooms to confirm proposed supply and configuration for long-
and short-term bicycle parking. The applicant shall also be responsible for the
installation of bicycle racks at the project frontage as determined by the Town’s
Transportation Manager.
17. The parking space in the southwest corner of the parking garage shall be designated
for motorcycle parking only.
* 18. Disabled access ramps shall be provided at all pedestrian street crossing
locations, as required by the Engineering Division and pursuant to Caltrans
Standard Plan RSP A88A and A88B.
H. INFRASTRUCTURE
1. Domestic water service shall be from the East Bay Municipal Utility District
(EBMUD) water system in accordance with the requirements of the District.
* 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
Engineering Division.
* 4. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility in
accordance with the Preliminary Stormwater Control Plan, the C-3
Provision of the adopted Municipal Regional Permit, and as determined by
the Engineer Division. Development which proposes to contribute
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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. Unless otherwise directed through the project’s approved Stormwater
Control Plan, roof drainage from buildings shall be collected via a closed
pipe and conveyed to an approved storm drainage facility in the street curb.
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.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The 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.
I. 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. Pursuant to Government Code section 66474.9, the developer (including the
developer 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 project approval, which action is
brought within the time period provided for in Section 66499.37. The Town
will promptly notify the developer of any such claim, action or proceeding
and cooperate fully in the defense.
3. Use of a private gated vehicular entrance for the at-grade structured
parking that is to serve the residential units in the project is authorized by
this approval. The gate shall be maintained in good working order, with
that maintenance to include actions necessary to keep the gate’s operational
noise levels at the intended design standard cited by the gate manufacturer.
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PAGE 18 OF RESOLUTION NO. 2022-09
4. The location, design and number of gang mailbox structures serving the
residential portion of the project shall be subject to review and approval by
the Planning Division and the local Postmaster.
5. A final Stormwater Control Plan (SCP) that defines all Drainage
Management Areas (DMAs) and related Integrated Management Practices
(IMPs) shall be submitted for review and approval by the Engineering
Division prior to issuance of grading or building permits for the project.
The SCP shall be substantially consistent with the Preliminary Stormwater
Control Plan cited in Project Condition of Approval A.1., above. All C.3
stormwater facilities detailed in the SCP shall conform in size and
dimension to the minimum requirements contained the 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 final SCP. Unless otherwise
authorized by the Engineering Division, the SCP shall be submitted for
review and approval prior to submittal of the project improvement plans
or grading plans to verify that all DMAs are properly described, sized, and
located.
6. 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.
7. A minimum of 15% (five)of the project residential units in the project shall
be made available to moderate-income households for a term of 20 years.
The developer shall enter into a formal agreement which specifies the
maximum income of the buyers, regulates the terms of occupancy, resale or
any other restriction deemed necessary to assure the long-term affordability
of the units to the target households. This agreement shall be subject to
approval by the Danville Town Council prior to recordation of the final
map or issuance of building permits for new building construction.
8. An Owner’s Association shall be formed for the residential portion of the
project. The Owner’s Association, through project-specific covenants,
conditions, and restrictions (CC&Rs), shall be responsible for commonly
owned facilities and landscaping. The CC&Rs shall include appropriate
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PAGE 19 OF RESOLUTION NO. 2022-09
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.
9. In recognition of the project’s location within the San Ramon Creek
watershed and Drainage Area 10 of the Contra Costa County Flood Control
& Water Conservation District (FC District), the project shall make payment
of appropriate drainage fees respectively being a $0.10 per square foot of
net new impervious surface area drainage fee for the San Ramon Creek
watershed (based on the FC District’s standard impervious surface area
ordinance) and a drainage fee consistent with FC District Ordinance No. 92-
52 for the Drainage Area 10 watershed.
10. As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposal of green waste generated from land
clearing on the site. Prior to obtaining framing inspection approval for the
project, the applicant/owner shall provide the Planning Division with
written documentation (e.g., receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
APPROVED by the Danville Planning Commission at a regular meeting on May 10, 2022,
by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSENT: None
ABSTAINED: None
____________________________
CHAIRMAN
APPROVED AS TO FORM:
____________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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