HomeMy WebLinkAbout2022-13RESOLUTION NO. 2022-13
APPROVING DEVELOPMENT PLAN REQUEST DEV21-0006, TREE REMOVAL
REQUEST TR22-0039, AND AN ADDENDUM TO A PREVIOUSLY
APPROVED FINAL ENVIRONMENTAL IMPACT REPORT
ALLOWING THE DEVELOPMENT OF A 57-UNIT
SENIOR CONDOMINIUM PROJECT ON A
1.88 ACRE SITE LOCATED AT 359 & 375
WEST EL PINTADO ROAD
APN: 200-140-011, 012
WHEREAS, GMMR LLC (Owner) and DIAMOND CONSTRUCTION, INC. (Applicant)
have requested approval of a Development Plan application to construct a 57-unit senior
condominium project; and
WHEREAS, a Tree Removal permit (TR22-0039) is requested to allow the removal of nine
Town-protected trees; and
WHEREAS, the site is located at 375 & 359 West El Pintado Road, and further identified
as APNs: 200-140-011, 012; and
WHEREAS, an Addendum to a previously certified Final Environmental Impact Report
(FEIR) related to the approval of a previous development application (General Plan
Amendment GPA2015-0001, Preliminary Development Plan – Rezoning PUD2015-0001,
Major Subdivision, and a Final Development Plan DP2015-0065) has been prepared for
the project; and
WHEREAS, pursuant to the State Density Bonus Law, a 20 percent density bonus is
proposed for the project, extending the overall unit density of the development from 25
to 30 units per acre in exchange for the provision of a 100 percent age restricted senior
housing development; and
WHEREAS, the previously certified FEIR and Addendum have found that the proposed
project would not have any significant environmental impacts with the incorporation of
recommended mitigation measures; and
WHEREAS, all recommended mitigation measures have been included as recommended
conditions of approval for the project; and
WHEREAS, a staff report was prepared recommending that the Planning Commission
approve the requests; and
WHEREAS, public notification for the public hearing to consider this proposal was
provided consistent with all requirements of the law; and
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RESOLVED, that the Planning Commission of the Town of Danville approves
Development Plan request DEV21-0006, Tree Removal permit TR22-0039, and an
Addendum to a previously approved Final Environmental Impact Report allowing for
the development of a 57-unit senior condominium project on a 1.88 acre site located at
359 & 375 West El Pintado Road.
FINDINGS OF APPROVAL
Final Development Plan – Major Subdivision
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan and the site’s Mixed Use land use
designation which allows multiple family residential development in the range of
20-25 units per acre.
2. The design of the proposed subdivision is substantially in conformance with the
site’s P-1; Planned Unit Development District. The P-1; Planned Unit Development
District is listed as a consistent zoning designation under the site’s General Plan
Mixed Use land use designation.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
and services will be available to the parcels. The project has been reviewed by the
San Ramon Valley Fire Protection District, Central Contra Costa County Sanitary
District, East Bay Municipal Utility District, and the Town’s Building Division and
it was determined that the site is adequately served by public facilities and
services. In addition, the previously certified FEIR and the revised Initial Study of
Environmental Significance prepared for the project did not find any potential
significant impacts related to the provision of public services.
4. The density of the development is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to the residential development adjacent to the site to the west, and is
compatible on scale to the commercial development to the north and east. The
project provides for an adequate buffer and transition to the single family
residential area to the south.
5. 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, in part because the project site is an area where development has
previously occurred. Biological resources were reviewed as part of the previously
certified FEIR prepared for the project and found that the development would not
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have a significant impact on biological resources with mitigation incorporated.
6. The design of the proposed subdivision and proposed improvements would not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subject properties.
Tree Removal Permit
The project as proposed would remove 43 trees. Of the 43 trees to be removed, nine trees
have been determined to be protected trees under the provision of the Town’s Tree
Preservation Ordinance.
The findings below address only the nine trees designated as protected under the Town’s
Tree Preservation Ordinance. The previously approved FEIR and the Addendum to the
FEIR for the project analyzes the potential environmental impacts for all the tree to be
removing, whether or not they are designated as protected.
1. Necessity. The primary reason for removal of the Town-protected trees is that
preservation of those trees would be inconsistent with the proposed residential
development of the property, including the creation of a new roadway system and
grading to create residential development pads.
2. Erosion/surface water flow. Removal of the Town-protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects. With respect to other trees in the area, the project site contains a
significant number of additional trees, including additional Town-protected Oak
trees that would not be removed for the project. In addition, the project proponent
will be required to replace all Town-protected trees to 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. Tree replacement will be conducted
in accordance with the Town’s requirements, including planting a mixture of small
and large box trees to meet the cumulative diameter number of the removed trees.
The project proponent will also be required to replace all non-ordinance-species
or size trees (i.e., trees less than 10 inches in diameter for single-trunk trees or less
than 20 inches in diameter for multi-trunk trees) at a replacement-to-removal ratio
of 1:1.
Removal of the 43 trees, including nine Town-protected 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, and the locations of the trees in
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relation to other properties.
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
Final Environmental Impact Report prepared for the project.
Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the initial final map issuance of a building permit for the
project. Each item is subject to review and approval by the Planning Division unless
otherwise specified.
A. GENERAL
1. Development Plan request DEV21-0006, Tree Removal permit TR22-0039,
and an Addendum to a previously approved Final Environmental Impact
Report allowing for the development of a 57-unit senior condominium
project on a 1.88 acre site located at 359 & 375 West El Pintado Road.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Preliminary Architectural Plans, Elevations, and Floor Plans, and
Landscape Plans consisting of 9 sheets, as prepared by Form4
Architecture and dated received by the Planning Division on June
28, 2022.
b. Preliminary Landscape Plan consisting of 9 sheets, as prepared by
Environmental Foresight, Inc. dated received by the Planning
Division on June 28, 2022.
b. Vesting Tentative Map for Condominium purposes and Civil
Drawings consisting of six sheets, as prepared by Talus Engineering
and dated received by the Planning Division on June 28, 2022.
c. Final Environmental Impact Report Addendum prepared by WRA,
Inc., dated June, 2022.
d. Preliminary Stormwater Control Plan as prepared by Talus
Engineering, consisting of 13 sheets, dated prepared on June 6, 2022.
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e. Mitigation Grading Plan and Planting Plan, as prepared by WRA
Environmental Consultants, consisting of two sheets, dated received
by the Planning Division on June 28, 2022.
2. The following fees are due at final map approval for the above-mentioned
development:
a. Map Check Fee............ TBD
b. Improvement Plan Check Fee........... %3 of cost estimate
c. Engineering Inspection Fee............... %5 of cost estimate
d. Grading Plan Check, Inspection & Permit................ TBD
e. Base Map Revision Fee (based on (parcels)........ TBD
f. Park Land in Lieu Fee (based on units).. $ 719,967
g. Excavation Mitigation Fee (SR)......................... $ 7, 030.00
The following fees are due at building permit issuance:
a. Child Care Facilities Fee.................................... $ 115/unit
b. Finish Grading Inspection Fee................. $ 198/building
c. Stormwater Pollution Program Fee........ $ 228/building
d. SCC Regional Fee............................................. $ 1,676/unit
e. SCC Sub-Regional Fee..................................... $ 4,624/unit
f. Residential TIP Fee.......................................... $ 1,400/unit
g. Tri-Valley Transportation Fee................ $ 3,890/unit*
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 $344.00
($110.00 + 141 notices X $0.83 per notice X 2 notifications).
* 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 (SRVFPD) and the San Ramon Valley Unified
School District have been, or will be, met to the satisfaction of these
respective agencies.
* 5. The applicant shall submit to the Town of Danville fees required to file a
Notice of Determination for this project as required by AB 3185. The fee
shall be $3,271. This check shall be made payable to the Contra Costa
County Recorder’s Office and shall be submitted to the Town within five
days of project approval.
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6. Prior to the commencement of ground disturbance, including site preparation and
grading activities, the applicant will ensure that all construction workers are
trained to recognize archaeological resources (e.g., obsidian and chert flakes and
chipped stone tools; grinding and mashing implements such as slabs and
handstones, and mortars and pestles; bedrock outcrops and boulders with mortar
cups; and locally darkened midden soils containing some of the previously listed
items plus fragments of bone, shellfish, and fire affected stones; fragments of glass, ceramic, and metal objects; milled and split lumber; and structure and feature
remains such as building foundations and discrete trash deposits). The cultural
resources awareness training shall be conducted by a qualified professional
archaeologist with experience in training non-specialists. A record of completion of
cultural resources awareness training for all construction workers shall be
submitted to the Town of Danville prior to the issuance of a grading permit, and a
copy of the training completion record shall be maintained onsite for the duration
of construction activities.
7. If previously unidentified cultural resources are encountered during construction
or land disturbance activities, work shall stop within 50 feet of the find and the
Town of Danville shall be notified at once to assess the nature, extent, and potential
significance of any cultural resource find. The applicant shall retain a qualified
archaeologist to implement a Phase II subsurface testing program to determine the
resource boundaries, assess the integrity of the resource, and evaluate the resource’s
significance through a study of its features and artifacts. If the resource is
determined significant, the Town of Danville may choose to allow the capping of
the area containing the resource using culturally sterile and chemically neutral fill
material. If such capping occurs, then a qualified archaeologist shall be retained to
monitor the placement of fill upon the resource. If a significant resource will not be
capped, the results and recommendations of the Phase II study shall determine the
need for a Phase III data recovery program designed to record and remove
significant cultural materials that could otherwise be tampered with. If the resource
is determined to be not significant, no capping and/or further archaeological
investigation or mitigation shall be required. The results and recommendations of
the Phase II study shall determine the need for construction monitoring. If
monitoring is warranted, a qualified archaeologist shall be retained by the applicant
to be present during all earth moving activities that have the potential to affect
archaeological or historical resources. A monitoring report shall be submitted to the Town upon completion of construction.
8. If previously unidentified human remains are encountered during project
construction, State Health and Safety Code Section 7050.5 shall be adhered to,
which requires that no further disturbance shall occur until the County Coroner
has made the necessary findings as to origin and disposition pursuant to Public
Resources Code Section 5097.98. If the remains are determined to be of Native
American descent, the coroner has 24 hours to notify the NAHC. The NAHC would
then identify the person(s) thought to be the Most Likely Descendent (MLD) of the
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deceased Native American, who would then help determine what course of action
should be taken in dealing with the remains.
* 9. Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity.
10. At a minimum, all on-site structures shall include the following to achieve an
acceptable interior noise level:
• Air conditioning or a mechanical forced–air ventilation system so that windows
and doors may remain closed
• Double-paned windows and sliding glass doors mounted in low air infiltration
rate frames (0.5 cubic feet per minute, per ANSI specifications)
• Solid core exterior doors with perimeter weather stripping and threshold seals
• Roof and attic vents facing away from I-680
11. The applicant shall apply the following measures during construction of
the project.
• Construction Staging. The contractor shall provide staging areas on-site to
minimize off-site transportation of heavy construction equipment. These areas
shall be located to maximize the distance between activity and sensitive
receptors. This would reduce noise levels associated with most types of idling
construction equipment.
• Mufflers. Construction equipment shall be properly maintained and all internal
combustion engine driven machinery with intake and exhaust mufflers and
engine shrouds, as applicable, shall be in good condition and appropriate for the
equipment. During construction, all equipment, fixed or mobile, shall be
operated with closed engine doors and shall be equipped with properly operating
and maintained mufflers, consistent with manufacturers’ standards.
• Electrical Power. Electrical power, rather than diesel equipment, shall be used
to run compressors and similar power tools and to power any temporary
structures, such as construction trailers or caretaker facilities.
• Equipment Staging. All stationary equipment shall be staged as far away from
the adjacent multi-family residential development as feasible.
• Equipment Idling. Construction vehicles and equipment shall not be left idling
for longer than five minutes when not in use.
• Workers’ Radios. All noise from workers’ radios shall be controlled to a point
that they are not audible at sensitive receptors near construction activity.
• Smart Back-up Alarms. Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in response
to ambient noise levels. Alternatively, back-up alarms shall be disabled and
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replaced with human spotters to ensure safety when mobile construction
equipment is moving in the reverse direction.
• Disturbance Coordinator. The applicant shall designate a disturbance
coordinator who shall be responsible for responding to any local complaints
about construction noise. The noise disturbance coordinator shall determine the
cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall
require that reasonable measures warranted to correct the problem be
implemented. A telephone number for the disturbance coordinator shall be
conspicuously posted at the construction site.
• Construction Notice. Two weeks prior to the commencement of construction
and grading at the project site, the applicant shall install a 3-foot by 3-foot sign
at the project entry that discloses the allowable construction work days and
hours, the planned construction schedule, and the contact name and phone
number for residents to call for construction noise related complaints. All
reasonable concerns shall be rectified within 24 hours of receipt.
* 12. The applicant 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.
* 13. 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.
* 14. All physical improvements shall be in place prior to occupancy of any
structure in the project. If occupancy within the project is requested to
occur in phases, all physical improvements 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 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. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
* 15. The applicant shall submit a written Compliance Report 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
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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 applicant must sign the
report. 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.
* 16. Planning Division sign-off is required prior to final Building Inspection
sign-off.
17. The applicant shall be responsible for washing the exterior of abutting
residences and businesses, and cleaning pools, patios, etc. at the completion
of each phase of project mass grading activity. The residences to receive
cleaning, the extent of the cleaning efforts to be performed, and the timing
(and frequency) of such cleaning shall be subject to review and approval by
the Planning Division.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
* 2. Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permit and
inspections for this work shall be obtained.
3. As part of the development, the developer shall provide vehicular electrical
charging station for assigned surface parking spaces. The final number and
locations shall be subject to review and approval by the Town prior to
recordation of the final map.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. 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. Irrigation shall
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comply with Town of Danville Landscape Ordinance #91-14 and landscape
guidelines and shall be designed to avoid runoff and overspray. Proposed
common maintenance lawn areas within the project shall not exceed a
maximum of 25 percent of proposed common landscaped areas.
* 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.
* 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. If site construction activity occurs in the direct vicinity of the on-site and
off-site protected trees, a security deposit in the amount of the assessed
value of the tree(s) (calculated pursuant to the Town’s Tree Protection
Ordinance) shall be posted with the Town prior to the issuance of a grading
permit or building permit to maximize the probability that the affected trees
will be retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all 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 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 tree preservation agreement.
6. The proposed good-neighbor fence on the south side of the project shall be
seven feet tall, including six feet of solid wood and a one-foot lattice top.
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the
main structures.
* 2. The street numbers for each building in the project shall be posted so as to
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be easily seen from the street at all times, day and night by emergency
service personnel.
* 3. Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the issuance
of building permits for the project.
4. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. Six full size sets of construction drawings
for the project shall be submitted to the Planning Division for design
review concurrent or prior to, the applicant initiating the Building
Division plan check process.
In addition, final colors, and all proposed materials, including building
siding, balcony railing, and roof equipment screening, shall be subject to
review and approval by the DRB prior to issuance of building permits.
The DRB reserves the right to refer the final details back to the Planning
Commission for review and approval.
* 5. The project covenants, conditions and restrictions shall provide a review
and approval process for any proposed repainting or re-roofing of exteriors
of the units in this project.
E. BIOLOGICAL RESOURCES
1. If Modified Project activities must be conducted during the nesting season (March
1 and September 1), a pre-construction nesting bird survey will be conducted by a
qualified biologist no more than 14 days prior to vegetation removal or initial
ground disturbance. The survey will include the project site and surrounding
vicinity to identify the location and status of any nests that could potentially be
affected either directly or indirectly by Project activities.
If active nests of native nesting bird species are located during the nesting bird
survey, a work exclusion zone will be established around each nest by the qualified
biologist. Established exclusion zones will remain in place until all young in the
nest have fledged or the nest otherwise becomes inactive (e.g., due to predation).
Appropriate exclusion zone sizes will be determined by a qualified biologist and
will vary based on species, nest location, existing visual buffers, noise levels, and
other factors. An exclusion zone radius may be as small as 50 feet for common,
disturbance-adapted species, or as large as 250 feet or more for raptors. Exclusion
zone size will be reduced from established levels by a qualified biologist if nest
monitoring findings indicate that Project activities do not adversely impact the nest, and if a reduced exclusion zone would not adversely affect the nest.
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2. To avoid impacts to roosting bats, tree removal and building demolition should
occur between October 1 and March 31, outside of the maternity roosting season
(when female bats may have dependent young). If tree removal or building
demolition must occur between April 1 and September 30, a bat roost habitat
assessment should be conducted by a qualified biologist. The bat roost habitat
assessment would determine the likelihood of the Project site supporting roosting
bats. If the assessment identifies suitable or potentially occupied roosts within the
Project site, a pre-construction bat survey should be performed no more than 14
days prior to tree or building removal using site appropriate survey methods to determine if potential roost structures are occupied.
If special-status bat species are detected during these surveys, appropriate, species
and roost-specific mitigation measures will be implemented. Such measures may
include postponing the removal of the trees or building until the end of the
maternity roosting season, exclusionary work buffers, or consultation with CDFW.
3. The Modified Project will obtain a Section 404 Permit from the Corps and a Section
401 Water Quality Certification from the RWQCB prior to any impacts to waters
of the U.S. and State. The Project will prepare a Habitat Mitigation and
Monitoring Plan (MMP) to satisfy the requirements of the Corps and RWQCB
permits to achieve no net-loss of wetlands.
To mitigate for impacts to sensitive and natural communities, the applicant
proposes to construct a 285-linear feet main channel and a 160 liner feet
meandering tributary channel; the total low flow flat channel bottom area will be
6,960 square feet (0.16 acre) that is designed to develop into wetlands. The total
mitigation area below top-of-bank will be 10,280 square feet (0.24 acre). This will
provide 1:1 replacement for the total linear feet impacts and 4:1 replacement for the
impacted acreage of channels. The total area below top-of-bank will be replaced at a
2:1 mitigation ratio.
4. The Modified Project will obtain a Lake and Streambed Alteration Agreement from
the CDFW to proceed with proposed impacts to CDFW jurisdictional riparian
habitat. All compliance measures included in the permit will be adhered to.
5. The Modified Project will replant valley oak and willow trees at a mitigation ratio
of 2:1 to offset the removal of valley oak and willow trees from the riparian sensitive
natural community. A replanting plan and a MMP will be submitted to CDFW
prior to implementation.
6. The applicant shall comply with Town requirements (DMC Section 32-79), as applicable, to plant on-site or off-site replacement trees for removed protected trees
which are of a cumulative diameter necessary to equal the diameter of trees
approved for removal as determined by the Town’s Planning Division. For the non-
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Town protected trees that would be removed as part of the project, the applicant
shall plant new minimum 15-gallon trees either on-site or off-site, as determined
by the Town, at a 1:1 ratio. The exact locations and tree species shall be subject to
review and approval by the Town’s Planning Division.
7. The following measures shall be implemented prior to the start of construction for
all trees not designated for removal.
• Trees to be retained on-site shall be temporarily fenced with chain-link or other substantial, highly visible material while all grading and construction
activities occur, including landscaping activities that require substantial
ground disturbance (more than the use of hand tools). The fencing shall be
five feet from the dripline of the canopy, at least six-feet high, staked to
prevent collapse, and shall contain signs identifying the protection area.
• When construction activities occur within five feet of the dripline, a certified
arborist shall be on site to monitor and make recommendations.
• All roots shall be cut cleanly, if possible, back to a lateral branching root.
Cuts should be made at right angles to the roots.
• If canopy trimming is needed it shall be done under the supervision of an
International Society of Arboriculture (ISA) Certified Arborist and by an ISA Certified Tree Worker. Trees shall be pruned according to American
National Standards Institute (ANSI) 300 standards. ANSI 300 provides guidelines for pruning trees and other woody plants.
F. AIR QUALITY
1. In order to reduce exposure of proposed residences to toxic air contaminants
emissions from vehicles on I-680, the applicant shall submit to the Town of Danville
for review and approval a ventilation proposal prepared by a licensed design
professional for all on-site buildings that describes the ventilation design and how
that design ensures all dwelling units would be below the excess cancer risk level
of 10 in one million established by the Bay Area Air Quality Management District.
The ventilation proposal shall include, but is not limited to, the following measures:
a) If the proposed buildings would use operable windows or other sources of
infiltration of ambient air, the development shall install a central HVAC
system that includes high efficiency particulate filters (a MERV rating of
13 or higher). These types of filters are capable of removing approximately
90 percent of the DPM emissions from air introduced into the HVAC
system. The system may also include a carbon filter to remove other
chemical matter. Filtration systems must operate to maintain positive
pressure within the building interior to prevent entrainment of outdoor air
indoors.
b) If the development limits infiltration through non-operable windows, a
suitable ventilation system shall include a ventilation system with filtration specifications equivalent to or better than the following: (1) American
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Society of Heating, Refrigerating and Air-Conditioning Engineers MERV-
13 supply air filters, (2) greater than or equal to one air exchanges per hour
of fresh outside filtered air, (3) greater than or equal to four air exchanges
per hour recirculation, and (4) less than or equal to 0.25 air exchanges per
hour in unfiltered infiltration. These types of filtration methods are capable
of removing approximately 90 percent of the DPM emissions from air
introduced into the HVAC system.
c) Windows and doors shall be fully weatherproofed with caulking and
weather-stripping that is rated to last at least 20 years. Weatherproof should
be maintained and replaced by the property owner, as necessary, to ensure
functionality for the lifetime of the project
d) Where appropriate, install passive (drop-in) electrostatic filtering systems,
especially those with low air velocities (i.e., 1 mph)
e) Ensure an ongoing maintenance plan for the HVAC and filtration systems.
Manufacturers of these types of filters recommend that they be replaced after
two to three months of use.
The applicant shall inform occupants regarding the proper use of any installed air
filtration system.
G. 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.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Compact spaces shall be no less
than 8 feet by 16 feet in size, including allowable overhang.
* 3. Regulatory signage/curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
H. 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, 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
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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. In accordance with the recommendations of the preliminary geotechnical
investigation, the applicant shall conduct a design-level geotechnical investigation.
The design-level geotechnical investigation shall include additional field
exploration and laboratory testing. Soil borings and/or cone penetration tests
(CPT) soundings shall be conducted to evaluate the potential for liquefaction in the
area of the preliminary geotechnical investigation Boring 2. The recommendations
of the design-level geotechnical investigation shall be incorporated into the
proposed project grading and building plans after review and approval by the
Town’s Building Services Division. These recommendations may include the
removal of expansive soils, replacing expansive soils with non-expansive
engineered fill, deepening foundations to develop support below the zone of
significant seasonal moisture change, designing foundation/slab systems to resist
uplift pressures generated by swelling soils, providing drainage and landscaping to
minimize seasonal moisture fluctuations in the near-surface soils, compacting soils
to the appropriate relative compaction, and designing foundations to resist the
adverse effects of liquefaction and corrosive soils.
* 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. 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 General Permit for Storm Water Discharges associated with
Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ,
NPDES No. CAS000002) adopted by the State Water Resources Control
Board on September 2, 2009, and effective on July 1, 2010. These regulations
require, among other things, that a Stormwater Pollution Prevention Plan
(SWPPP) be prepared by a Qualified SWPPP Developer 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 Discharger
Identification (WDID) number is issued by the State of California. A copy
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of the final NOI, including WDID number and attached SWPPP, shall be
kept at the project site at all times, with a copy provided to the Town. The
requirements of the SWPPP and all other Permit Registration Documents
shall be fully implemented during land-disturbing activities.
* 6. All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents
shall also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
* 7. All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
* 8. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 9. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 10. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal 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.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
11. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
necessary, following the Planning Division’s review of the specialist’s
assessment, the applicant 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
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rodent control plan is subject to review and approval by the Planning
Division.
12. Prior to ground disturbing activities, the project applicant shall install a silt
fence or fabric fence along the perimeter of the site, adjacent to residential
development, to provide a barrier to movement by rodents and other
wildlife. The fence shall be maintained until all vegetation is remove from
the site. During grading and construction activities, the project applicant
shall maintain a contact person including a phone number, should issues
associated with rodent dispersal occur, and shall monitor these
recommended actions to determine their efficacy.
I. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division 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.
* 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.
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* 7. Public streets shall be improved to the standards in #I.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. A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action. All private road maintenance agreements
shall include provisions for regular street sweeping.
* 9. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
10. The project applicant shall develop and submit for approval to the Town of Danville
a Construction Management and Mitigation Plan that includes designated haul
routes and staging areas, traffic control procedures, emergency access provisions
and construction crew parking, to minimize traffic impacts during construction.
The plan shall ensure that haul routes and construction activity timing shall
comply with the Town of Danville’s requirements. The plan shall also ensure that
construction period employees can either park on-site or at an off-site location. In
addition, the plan shall require that temporary signage, alternative pedestrian
passage, and/or protected walkways be provided should sidewalks be closed during
construction.
J. 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.
* 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. All required improvements to area creeks for drainage purposes shall meet
the requirements of existing Town of Danville, Contra Costa County Flood
Control & Water Conservation District, the Department of Fish & Game,
the Department of U.S. Fish and Wildlife, California Regional Water
Quality Control Board and the United States Army Corps of Engineers
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codes and policies.
5. Prior to commencement of any site work, the applicant/owner shall submit
evidence to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of a
WDID number issued by the State Water Resources Control Board in
response to an application submitted via their online SMARTS System by a
qualified SWPPP developer. Additionally, the applicant/owner shall
submit evidence that the requirements for obtaining the U.S. Army Corps
of Engineers 404 Permit, the State Water Resources Control Board 401
Certification, and the California Department of Fish and Game’s
Streambank Alteration Agreement have been or will be met. Such evidence
might be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating that the above permit(s) are not required for the
subject project.
* 6. Roof drainage from structures 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.
* 7. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
* 8. 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.
* 9. The applicant shall furnish proof to the City Engineer 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.
* 10. 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.
* 11. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a. Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
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b. Metal poles supporting street lights.
* 12. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
* 13. If a common carwash area is created to serve the project, the wastewater
created by washing cars shall be directed to the sewer collection system
rather than the storm water collection system, unless otherwise authorized
by the SWPPP.
K. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the 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 homeowners' association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on-site roads, pedestrian ways, common landscape areas, common
fencing, the project recreation areas, internal roads and parking areas, and
common drainage facilities. Draft project CC&Rs shall be submitted to the
Town of Danville for review and approval a minimum of 30 days prior to
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recordation of the final map.
* 5. Use of a private gated entrance is expressly prohibited.
* 6. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
* 7. The proposed project shall conform to the Town’s Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of
wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and
fueling and stabilization of construction entrances. Training of contractors
on BMPs for construction activities is a requirement of this permit. At the
discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
* 8. 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:
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.
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
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
Prior to building permit final and issuance of a Certificate of Occupancy,
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the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/or long-
term maintenance of stormwater treatment or hydrograph modification
BMPs.
Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town’s review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F
of the Town’s Stormwater C.3 Guidebook.
9.This project shall be responsible for the provision of a minimum of five
residential units that shall be made available to moderate income
households, as defined by the State Department of Housing and
Community Development (HCD) and the United States Department of
Housing and Urban Development (HUD). The developer shall enter into a
formal agreement with the Town which specifies the maximum income of
the buyer(s) (to be less than or equal to 110% of median income as adjusted
for household size) and which regulates the terms of occupancy, resale or
any other restriction deemed necessary to assure the long term affordability
of the units to moderate income households. This agreement shall be
subject to approval by the Town Council prior to recordation of the final
map for the project or issuance of building permits, whichever occurs first.
APPROVED by the Danville Planning Commission at a regular meeting on July 12, 2022,
by the following vote:
AYES: Bowles, Combs, Graham, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Houlihan
_____________________________
Chair
APPROVED AS TO FORM:
_______________________________ ______________________________
City Attorney Chief of Planning
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