HomeMy WebLinkAboutASRPC20221213
PLANNING COMMISSION STAFF REPORT 6.1
TO: Chair and Planning Commission December 13, 2022
SUBJECT: Resolution No. 2022-17, recommending that the Town Council certify a
Final Programmatic Environmental Impact Report, approve the Town’s
2023-2031 General Plan Housing Element GPA22-0001, approve General
Plan Amendment Land Use Amendment GPA22-0002, General Plan Text
Amendment GPA22-0003, Zoning Text Amendment ZTA22-0001, and
Planned Unit Development - Rezoning PUD22-0001
BACKGROUND
In accordance with state law enacted in 1969, the Housing Element is a required
component of a community’s General Plan and must be updated every eight years. This
will be the sixth time (often referred to as the 6th cycle) that communities in California
update their Housing Elements for an upcoming eight-year planning period, spanning
2023 through 2031. Communities in the San Francisco Bay Area are required to adopt
their updated Housing Elements no later than January 31, 2023. By law, these adopted
Housing Elements must then be certified by the California Department of Housing and
Community Development (State HCD).
Penalties for Noncompliance
Since the Town’s prior Housing Element was adopted and certified in 2015 (5th cycle),
many pieces of housing legislation have been signed into law, resulting in substantive
changes to State Housing Element (HE) law and requirements. While a comprehensive
description of these changes can be found in the Draft Housing Element, it’s worth
highlighting that the penalties for non-compliance with State HE law have increased
significantly to include court-imposed fines of up to $600,000 per month as well as
potential court-mandated compliance, court approval of housing development, and
suspension of a community’s ability to issue building permits.
Danville’s Housing Assignment
This public hearing marks the start of the final phase in a long and complex process
prescribed by State law and involves three levels of government - state, regional and local:
• The role of the State is to determine the number of homes that each region must
accommodate to meet the housing needs for people of all income levels in
2023-2031 Housing Element 2 December 13, 2022
California. The process began with the State’s “Regional Housing Needs
Determination” and in June 2020, State HCD determined that the San Francisco
Bay Area region must accommodate a minimum of 441,176 housing units.
• The role of the region is to allocate a share of the region’s housing assignment to
each of its cities and counties through the “Regional Housing Needs Allocation”
(RHNA) process. In May 2021, the Association of Bay Area Governments (ABAG)
allocated a minimum of 2,241 housing units to Danville, representing a 4-fold
increase from the prior cycle. This is often referred to as the “RHNA assignment.”
• The role of local governments is to update their Housing Elements to demonstrate
how their RHNA assignment would be accommodated. One key task of this
process is to identify where - which specific parcels of land – have the realistic
potential to accommodate those assigned units.
In addition, the Town must also demonstrate how these units are accommodated
across a range of affordability levels (Table 1, far right column). State law dictates
that units within the “very low” and “low” income categories must be
accommodated on lands with a land use designation of 30 units/acre (or greater).
Table 1. Danville’s RHNA Assignment by Income Category
Household Income
Category
% of Area Median
Income (AMI)
Contra Costa
Household
Income1
RHNA Housing
Assignment
Very Low ≤ 50% $65,250 652
Low 51-80% $104,400 376
Median {reference point} 100% $119,200
Moderate 81-120% $143,050 338
Above Moderate >120% >$143,050 875
Total Minimum Units: 2,241
1. Maximum household income for each affordability category is based on the Area Median
Income (AMI) of $119,200 for a family of four in Contra Costa County 2020, as determined by
the U.S. Department of Housing and Urban Development (HUD).
Danville’s Housing Element update process began in early 2021 and included an
appeal of its RHNA assignment (which was ultimately denied) and a community
engagement effort to seek input on how best to accommodate this unprecedented
housing assignment (https://danvilletowntalks.org/housingelement).
2023-2031 Housing Element 3 December 13, 2022
HOUSING ELEMENT
As required by State law, Danville has completed its Draft Housing Element of the
General Plan for the 2023-2031 eight-year planning cycle (Attachment 1 of Resolution No.
2022-17), which includes these required components:
• Housing Needs Assessment: A review of the existing and projected housing
needs of the community (see Appendix A of Draft HE).
• Housing Constraints Analysis: Identified governmental and non-governmental
impediments (market, environmental, land use controls, and others) to housing
development (see Appendix B of Draft HE).
• Housing Resources and Sites Inventory: Resources available to support
development and preservation of housing, and a record of all potentially suitable
land with realistic capacity to accommodate the Town’s RHNA assignment. A
comprehensive compilation of all potential housing sites evaluated is contained in
Appendix C of Draft HE.
• Housing Element Review: A performance evaluation of policies and programs
from previous housing elements (see Appendix D of Draft HE).
• Fair Housing Assessment: Analysis of existing fair housing and segregation issues
and plan to address any identified disparities in housing needs, displacement, or
access to opportunity (see Appendix E of Draft HE).
• Implementation Plan: Goals, policies, and programs dedicated to meeting the
Town’s housing needs (see Appendix F of Draft HE).
Sites Inventory
The component of a housing element that typically receives the greatest level of public
interest is the Sites Inventory (also referred to as Housing Opportunity Sites), where a
jurisdiction identifies the parcels of land that it believes has the capacity to meet its RHNA
assignment (2,241 units).
While a local community is still permitted to identify where its RHNA assignment could
be accommodated, state laws now govern site eligibility requirements and how their
potential capacity may be calculated. Therefore, this staff report contains two separate
attachments related to the sites inventory:
2023-2031 Housing Element 4 December 13, 2022
1. Lengthier, more comprehensive, inventory of potential sites that reflects input
from the community (Appendix C of Draft HE); and a
2. Shorter edited list of recommended sites for the Planning Commission’s
consideration that reflects feedback from State HCD during its initial review of the
Town’s Draft Housing Element. This “Summary of Recommend Housing
Opportunity Sites” (HOS) is summarized in booklet form as Attachment D.
It’s important to note that identifying a property as a Housing Opportunity Site:
• Does not require property owners to do anything to their property.
• Does not require the Town to physically construct housing.
“No Net Loss” and Recommended Buffer
In addition to identifying enough qualifying housing sites, a jurisdiction must be mindful
of the “No Net Loss Law” (Government Code § 65863) which requires communities to
maintain enough sites in their inventory to accommodate both the number of units
projected in their Housing Element and number of units at each income level for the
entirety of the 8-year planning period.
Pragmatically, this means that jurisdictions can quickly fall out of compliance if they:
1. Reduce any site’s residential density;
2. Approve development applications with fewer units on the site than identified in
the Housing Element; or
3. Approve development applications with higher income units than stated in the
Housing Element.
Since development proposals are driven primarily by the private sector, it is highly likely
that future developments will have fewer affordable units than projected. Therefore,
many cities include a “buffer” and that has typically represented 15-30% of the RHNA
assignment. This staff report recommends that the Town adopt a 15% buffer.
Net New Units to be Accommodated
While Danville’s RHNA assignment is 2,241 units, the Town does have an existing
inventory of undeveloped residential lands that can accommodate 753 units. Therefore,
taking into consideration the addition of a 15% buffer, the Danville 2023-2031 Housing
Element must find sufficient lands to accommodate at least 1,824 net new units across
the income categories illustrated in Table 2 below.
2023-2031 Housing Element 5 December 13, 2022
Table 2. Net New Housing Units to be Accommodated
Very Low Low Moderate Above
Moderate
Total
RHNA Assignment 652 376 338 875 2,241
Plus 15% Buffer1 +98 +56 +51 +131 +336
Adjusted RHNA (with buffer) 750 432 389 1,006 2,577
Less Existing Inventory2 - - (97) (656) (753)
Net New Housing Units to be
Accommodated (remaining
RHNA obligation)
750 432 292 350 1,824
1. In response to the No Net Loss Law, a 15% “buffer” is recommended to help ensure sufficient land
inventory for the entirety of the 8-year planning period.
2. Existing inventory = number of potential residential units that could be accommodated by undeveloped
residential lands in Danville. These lands have lower density land use designations, which are only
qualified to accommodate ‘moderate’ and ‘above moderate’ income units.
Based on a comprehensive analysis of all potential housing sites, the Town has identified
sufficient lands – a total of 74 individual parcels – for re-designation to meet the Town’s
net new housing unit needs. These parcels are listed on Attachment 2 of Resolution 2022-
17, summarized in booklet form as Attachment D, and viewable online:
danvilletowntalks.org/housingelement/maps/identified-housing-sites-map
GENERAL PLAN & ZONING AMENDMENTS
For RHNA purposes, the State allows housing sites in Danville that are designated for a
density of at least 30 dwelling units per acre (du/ac) to qualify as affordable to low and
very low income households. Therefore, all of the recommended Housing Opportunity
Sites are proposed to be re-designated to allow for housing development at densities
between 30-35 units per acre. This density range would be new and would require a
comprehensive set of recommended General Plan Land Use and Text Amendments,
corresponding P-1; Planned Unit Development rezonings and Zoning Text Amendments.
General Plan Text Amendments
To provide for residential densities needed to accommodate the Town’s RHNA
assignment, the Town’s 2030 General Plan Land Use Element will need to be amended to
add an additional multifamily land use designation. Currently, the Town’s highest
density land use designation is Multifamily – High Density, allowing and requiring
residential densities between 25-30 units per acre.
2023-2031 Housing Element 6 December 13, 2022
As proposed, a new land use designation, Residential - Multifamily Special, establishing
a housing density of 30-35 units per acre would be added to the General Plan (Attachment
3 of Resolution No 2022-17). In addition, the Town’s Land Use Map for the Downtown
Master Plan area would be amended to add a Downtown Business District Area 13,
allowing a range of 30-35 units per acre, to accommodate the proposed multifamily
residential sites within the Downtown Business District area. Lastly, as appropriate,
Special Concern Area language in the 2030 General Plan associated with recommended
HOS would need to be amended to align with the sites’ new land use designations.
Zoning Text Amendments
For proposed housing sites within the Downtown area, a Zoning Text Amendment to the
Town’s Downtown Business District (DBD) Ordinance (Section 32-45) is necessary.
Amendments would include the addition of a DBD Area 13 which would establish
housing densities and site-specific land use and development standards (Attachment 4
of Resolution No. 2022-17).
Rezonings
All sites outside of the downtown area that are proposed to receive General Plan Land
Use Amendments are also proposed to be rezoned to establish development standards to
guide the development of each site.
All of the proposed sites outside of the downtown area would be rezoned to P-1; Planned
Unit Development zoning districts. P-1 zoning districts are unique as they allow for
customized development standards (Attachment 5 of Resolution No. 2022-17). For
example, the proposed P-1 zoning districts establish minimum residential development
densities, development standards such as setbacks, floor area ratios, height, and buffers
to surrounding developments. The proposed P-1 zoning districts also mandate site
specific studies including traffic, biology, cultural resources, hydrology, noise, and utility
services such as water supply.
ENVIRONMENTAL IMPACT REPORT
A Final Program Environmental Impact Report (PEIR) has been prepared to analyze the
potential environmental impacts related to the proposed General Plan land use
amendments which are necessary for the Town to comply with State law related to the
Town’s RHNA (Attachment B). The FEIR includes conclusions regarding all potential
environmental impact as required under the California Environment Quality Act
(CEQA).
2023-2031 Housing Element 7 December 13, 2022
The draft FEIR was completed and released for the mandated 45-day public review
period on September 13, 2022. A number of comments were received, mostly related to
concerns regarding green house gasses, and a proposed housing site in Sub-Area 6, near
Meridian Court near Camino Tassajara and Crow Canyon. Responses to all comments
were prepared and are included in the FEIR consistent with the requirements of CEQA.
The FPEIR recommended mitigation measures which would reduce most potential
environmental impacts to a less than significant level. However, potential significant
environmental impacts related to water service, greenhouse gasses, and vehicle miles
traveled (VMT) were found to be significant and unavoidable. As a result, a Statement of
Overriding Considerations is recommended for those impacts.
COMMUNITY OUTREACH
As presented, the Draft Danville 2023-2031 Housing Element reflects a wide range of
community input provided through an expansive two-year community outreach effort.
As of the publication of this staff report, this includes development of a dedicated online
outreach platform (Danville Town Talks), Town webpage, delivering 31 informational
presentations and workshops, 51 social media posts, issuing 15 press releases,
contributing content to 9 news media articles, 9 website postings, as well as producing 5
print and 3 online Danville newsletter articles.
Most notably, the Housing Sites Inventory contained in the Draft HE is the result of
analyzing community feedback from two major engagement efforts:
1. Housing Site Suggestion Map online tool: In April 2022, community members
dropped 281 ‘pins’ (or suggestions) on 99 separate sites to consider for housing
development. Most of recommended sites were located along the I-680 corridor
and major roadways such as San Ramon Valley Boulevard and Camino Tassajara.
The sites that met State HCD criteria were featured on the next interactive tool.
2. Housing Plan Simulation online tool: In July 2022, the community was invited
back to create their version of a housing element that achieves the minimum 2,241-
unit target mandated by the State of California. In this exercise, members of the
public were able add as many housing units as they deemed appropriate (density)
to the sites identified by the previous exercise and by prior housing elements.
In addition, the Draft HE also reflects feedback received during the 30-day local public
review period (July 1, 2022 through July 31, 2023) and comments provided by State HCD
during their 90-day review period (August 15, 2022 through November 10, 2022), see
Attachment C. The Town has addressed State HCD’s comments by revising the Draft HE
2023-2031 Housing Element 8 December 13, 2022
to add or correct information as necessary to be consistent with the statuary requirements
of State Housing Element Law. After its adoption, the updated Housing Element will be
resubmitted to HCD for final approval and certification.
HEARING NOTIFICATION
Notification regarding the Planning Commission public hearing was published in a
newspaper of general circulation. Property owners whose property is on the Housing
Opportunity Sites list received an owner-specific letter. A push notification was sent to
all subscribers of the Housing Element page on the Danville Town Talks online platform
(https://danvilletowntalks.org/housingelement). Lastly, 16,000 public hearing
postcards were printed and mailed to all addresses within the Town of Danville
RECOMMENDATION
Approve Resolution No. 2022-17, recommending that the Town Council certify a Final
Programmatic Environmental Impact Report, approve the Town’s 2023-2031 General
Plan Housing Element GPA22-0001, approve General Plan Amendment Land Use
Amendment GPA22-0002, General Plan Text Amendment GPA22-0003, Zoning Text
Amendment ZTA22-0001, and Planned Unit Development - Rezoning PUD22-0001.
Prepared by:
David Crompton
Chief of Planning
Attachments: A: Resolution No. 2022-17
1: Attachment 1 of Resolution No. 2022-17, 2023-2031 Housing
Element and Appendices (reflects changes in response to initial
State HCD comments)
2: Attachment 2 of Resolution No. 2022-17, Assessor Parcel
Numbers (APNs) for Parcels to Receive General Plan Land Use
Amendments
3: Attachment 3 of Resolution No. 2022-17, General Plan Text
Amendment Language
4: Attachment 4 of Resolution No. 2022-17, Downtown Business
District Ordinance Zoning Text Amendment Language
5: Attachment 5 of Resolution No. 2022-17, P-1; Planned Unit
2023-2031 Housing Element 9 December 13, 2022
Development Rezoning Language
6: Attachment 6 of Resolution No. 2022-17, Mitigation Monitoring
and Reporting Program
B: Final Program Environmental Impact Report and all Appendices
C: State HCD Comment Letter Dated November 10, 2022
D: Summary of Recommended Housing Opportunity Sites
RESOLUTION 2022-17
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE RECOMMENDING THE TOWN COUNCIL CERTIFY A FINAL
PROGRAMMATIC ENVIRONMENTAL IMPACT REPORT, APPROVE THE
TOWN’S 2023-2031 GENERAL PLAN HOUSING ELEMENT GPA22-0001, APPROVE
GENERAL PLAN AMENDMENT LAND USE AMENDMENT GPA22-0002,
GENERAL PLAN TEXT AMENDMENT GPA22-0003, ZONING TEXT AMENDMENT
ZTA22-0001, AND PLANNED UNIT DEVELOPMENT - REZONING PUD22-0001
WHEREAS, the California Legislature has determined that the availability of housing is a
matter of statewide importance and that cooperation between government and the private
sector is critical to attainment of the State's housing goals; and
WHEREAS, California Government Code Section 65588(b) requires the Town of Danville
to periodically prepare an update to the Housing Element of its General Plan; and
WHEREAS, the Town Council directed the Town Manager to cause the Development
Services Department to proceed with this update to the Town's Housing Element for the
2023-2031 planning period; and
WHEREAS, as provided in Government Code Section 65350 et. seq., and Public
Resources Code this Housing Element Update constitutes a General Plan Amendment
(GPA22-0001) ("Project"); and
WHEREAS, the Town of Danville prepared the draft 2023-2031 Housing Element in
accordance with California Housing Element Law (Government Code section 65580 et
seq.); and
WHEREAS, California Government Code Section 65583 requires that the Housing
Element Update contain: (i) an assessment of the Town’s housing needs and an analysis
of the resources and constraints, both governmental and non-governmental, relevant to the
meeting of these needs; (ii) an inventory of land suitable and available for residential
development and an analysis of the development potential of such sites; (iii) a statement
of the community's goals, quantified objectives, and policies relative to the maintenance,
preservation, improvement, and development of housing; and (iv) programs that set
forth a schedule of actions the local government is undertaking or intends to undertake
to implement the policies and achieve the goals and objectives of the Housing Element
Update; and
WHEREAS, the Town’s share of the regional housing need was established in the Regional
Housing Needs Assessment (RHNA) prepared and adopted by the Bay Area
Association of Governments (ABAG) on December 16, 2021. The allocation establishes the
number of new units needed, by income category, to accommodate expected population
growth over the planning period of the Housing Element; and
ATTACHMENT A
WHEREAS, Housing Element Law requires the Housing Element to identify adequate
sites to accommodate the Town's Regional Housing Needs Allocation (RHNA) for all
income categories, and the Housing Element Update identifies sites that can
accommodate housing exceeding the Town's RHNA; and
WHEREAS, proposed General Plan Amendment GPA22-0002 amends the Danville 2030
General Plan Land Use Map to change land use designations for specific properties
located outside of the Downtown Danville Land Use Districts from various current land
use designations to the Residential – Multifamily - High Density Special Land Use
Designation allowing and requiring a residential land use density of 30-35 units per acre;
and
WHEREAS, proposed General Plan Amendment GPA22-0002 also amends the Danville
2030 General Plan Land Use Map adding a new General Plan Land Use Designation of
Downtown Business District 13, Residential – Multiple Family – High Density Special
allowing a residential land use density of 30-35 units per acre; and
WHEREAS, proposed General Plan Amendment GPA22-0002 amends the text of the
Town’s 2030 General Plan to add a new General Plan Land Use Designation termed
Residential - Multifamily - High Density Special, 30-35 units per acre, and includes
associated descriptive narrative, also Special Concern Area language in the 2030 General
Plan associated with recommended General Plan Land Use Amendments need to be
amended to align with the sites’ new land use designations; and
WHEREAS, proposed Preliminary Development Plan – Rezonings would rezone the
properties proposed for General Plan Amendments outside of the Downtown Danville
Land Use Districts to P-1; Planned Unit Development District, establishing zoning land
use and development standard to guide the future development of each site; and
WHEREAS, proposed Zoning Text Amendments to the Town’s Municipal Code (Section
32-45), Downtown Business District, would add a new Downtown Business District 13;
Residential Multifamily High Density Special zoning district (30-35 units per acre) and
establishing land use and development standards to guide the future development of
each site; and
WHEREAS, in accordance with Government Code Section 65585(b), the Town on August
15, 2022, submitted a draft Housing Element to the California Department of Housing and
Community Development (HCD); and received a letter from HCD dated November 10,
2022, which found that the Town’s draft Housing Element required revisions to comply
with Housing Element Law; and
WHEREAS, the Town incorporated each of HCD's specific requirements identified in the
November 10, 2022, letter into the Town’s 2023-2031 Housing Plan Update; and
WHEREAS, the Town conducted substantial and broad public engagement using a
methodical process including informational webinars and live presentations, launched a
site selection website tool, conducted a Town-wide survey, and public workshops; and
WHEREAS, the Planning Commission held a duly noticed public hearing on December
13, 2022, as prescribed by law; and
WHEREAS, notification regarding the Planning Commission public hearing was
published in a newspaper of general circulation. Property owners whose property is on
the Housing Opportunity Sites list received an owner-specific letter. A push notification
was sent to all subscribers of the Housing Element page on the Danville Town Talks online
platform. Lastly, 16,000 public hearing postcards were printed and mailed to all addresses
within the Town of Danville
WHEREAS, a staff report was submitted recommending the Planning Commission
recommend the Town Council approve the requests; and
WHEREAS, the Planning Commission considered all information related to the project,
including public testimony received in writing and presented orally; and
WHEREAS, on December 13, 2022, the Danville Planning Commission, in its
independent judgment and after fully considering all alternatives, recommended approval
of the Sixth Cycle Housing Element and related General Plan Amendments, Rezoning,
and Zoning Text Amendments; and
WHEREAS, the 2023-2031 Housing Element Update replaces in its entirety the Town’s
2014-2022 Housing Element of the General Plan; and
WHEREAS, the proposed update to the Housing Element is not a General Plan update
that is comprehensive in nature in that it is not titled as such and does not, except where
specifically directed, substantially change or re-adopt the text and maps of the existing
elements of the General Plan; and
WHEREAS, based on the totality of the record and evidence described and referenced in this
Resolution, the Danville Planning Commission finds that the proposed 2023-2031 Housing
Element is consistent with the requirement of State Housing Element Law and the
associated General Plan Amendments, Rezonings, and Zoning Text Amendments are
consistent with the purposes of the General Plan and Municipal Code and will provide
adequate sites with corresponding density to meet the Town’s RHNA allocation, adopting
State mandated and locally desired programs to implement the Housing Element
effectively; and
WHEREAS, the Town is the lead agency for the project, and has prepared an
Environmental Impact Report (EIR) for the project pursuant to and in accordance with the
California Environmental Quality Act (Public Resources Code Section 21000 et seq.,
“CEQA”) and the Guidelines for Implementation of CEQA (Title 14, Cal. Code of Regs.,
Section 15000 et seq., the CEQA Guidelines); and
WHEREAS, CEQA requires that, in connection with the approval of a project for which
an EIR has been prepared which identifies one or more significant environmental effects,
the decision-making agency make certain findings regarding those effects.
NOW, THEREFORE, BE IT RESOLVED by the Danville Planning Commission at the
meeting held on December 13, 2022, the following:
Final Program Environmental Impact Report
1. That the above recitals are true and correct; and
2. A mitigation monitoring and reporting program (“MMRP”) has been prepared to
meet the requirements of Public Resources Code Section 21081.6. (Attachment 6 of
this Resolution). This MMRP is designed to ensure compliance with project
mitigation measures imposed to avoid or substantially lessen the significant effects
identified in the EIR for the project; and
3. The Commission was presented with, and has independently reviewed and
analyzed, the Final EIR and other information in the record and has considered the
information contained therein prior to acting upon or approving the project, and
has found that the Final EIR represents the independent judgment of the Town of
Danville as lead agency under CEQA for the project; and
4. The Commission finds and recognizes that the Final EIR contains additions,
clarifications, modifications, and other information in its responses to comments on
the Draft EIR and also incorporates information obtained by the Town of Danville
since the Draft EIR was issued and circulated for public review. The Commission
does hereby find and determine that such changes and additional information are
not significant new information, as that term is defined under the provisions of
CEQA, from that information disclosed in the Final EIR because such changes and
additional information do not indicate that any new significant environmental
impacts not already evaluated would result from the project and they do not reflect
a substantial increase in severity of any environmental impact; no feasible
mitigation measures considerably different from those previously analyzed in the
Draft EIR have been proposed that would lessen significant environmental impacts
of the project. Accordingly, the Commission hereby finds and determines that
recirculation of the Final EIR for further public review and comment is not
warranted; and
5. The Commission does hereby make the following findings with respect to the
significant effects on the environment of such project, identified in the hereinbefore
mentioned Final EIR, with the stipulations that all information in these findings is
intended as a summary of the full administrative record supporting the Final EIR,
which full administrative record should be consulted for the full details supporting
these findings and which consists of, but is not limited to, the Draft EIR, the
Mitigation Monitoring and Reporting Program, all testimony, documentary
evidence and all correspondence submitted to the Town
of Danville in connection with the project, and other documents relied upon or
prepared by Town Staff or consultants related to the project and this Resolution.
2023-2031 HOUSING ELEMENT UPDATE
SIGNIFICANT ENVIRONMENTAL IMPACTS
The following findings, including impact statements, mitigation measures, findings and
facts in support of findings, are based on the full administrative record, including, but not
limited to, the Draft EIR, which contains a fuller discussion of each issue.
Greenhouse Gas Emissions
Impact: Impact GHG-1.1: The mitigated service population emissions would be 3.31
MT CO2e/year, which would still exceed the threshold of 2.7 metric tons per
service population.
Mitigation: Refer to MM TRN-2.1 below.
Finding: Future residential development in Sub Areas 1, 4, 5, and 6 would be required
to implement mitigation measures MM TRN-2.1, which would require
project-scale and community-scale measures to reduce residential VMT.
These measures are expected to reduce VMT in these Sub Areas by 4.7 to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Area 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Impact: Impact GHG-2.1: The use of natural gas within new residential development
allowed under the Housing Element Update would conflict with the GHG
reduction requirements by 2030.
Mitigation: MM GHG-2.1: The Town proposes to adopt the following development
standard to prohibit new residential buildings from including infrastructure
to provide natural gas.
Development Standard:
New residential development shall not include natural gas infrastructure for use in
appliances and building heating.
With implementation of mitigation measure MM GHG-2.1, future development under the
Housing Element Update would be consistent with GHG reduction efforts by 2030 and
BAAQMD’s fair share design elements for achieving carbon neutrality by 2045.
Finding: Implementation of MM GHG-2.1 would ensure future development under
the Housing Element Update is consistent with State GHG reduction
requirements and reduce impacts to a less than significant level.
Facts in Support of Finding: BAAQMD has determined that projects that do not include
natural gas would not result in any wasteful, inefficient, or unnecessary
energy usage and would be doing their fair share of implementing the goals
of carbon neutrality by 2045.
Impact: Impact GHG-2.2: The Housing Element Update would increase VMT and
result in additional GHG emissions from vehicular travel.
Mitigation: MM GHG-2.2: The Town proposes to adopt the following development
standard to require compliance with off-street electric vehicle requirements
in the most recently adopted version of CALGreen Tier 2 requirements.
Development Standard:
New housing developments shall comply with off-street electric vehicle requirements in
the most recently adopted version of CALGreen Tier 2 requirements.
Finding: With implementation of mitigation measure MM-GHG-2.2, future
development under the Housing Element Update would be consistent with
GHG reduction efforts by 2030 and BAAQMD’s fair share design elements
for achieving carbon neutrality by 2045.
Facts in Support of Finding: BAAQMD has determined that projects that comply with the
most recently adopted version of CalGreen Tier 2 requirements would not
result in any wasteful, inefficient, or unnecessary energy usage and would
be doing their fair share of implementing the goals of carbon neutrality by
2045.
Impact: Impact GHG-C: The project would result in a cumulatively considerable
contribution to a cumulatively significant GHG emissions impact.
Mitigation: Refer to MM GHG-2.1 and MM GHG-2.2 above.
Finding: Future residential development in Sub Areas 1, 4, 5, and 6 would be required
to implement mitigation measures MM TRN-2.1, which would require
project-scale and community-scale measures to reduce residential VMT.
These measures are expected to reduce VMT in these Sub Areas by 4.7 to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Area 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Noise
Impact: Impact NOI-1.1: Future housing development under the Housing Element
Update could result in temporary construction noise level increases above
ambient conditions.
Mitigation: Implementation of General Plan Policy 27.13, which requires that noise
reduction measures be implemented during all phases of construction,
would minimize the exposure of neighboring properties to excessive noise
levels. The Town’s following standard noise reduction measures would be
required for all future development under the Housing Element Update.
• Prior to any grading or other construction activities, the applicant
shall develop a construction mitigation plan in close coordination
with the Town of Danville to minimize noise disturbance. The
following conditions shall be incorporated into the building
contractor specifications:
• Muffle and maintain all equipment used on site. All internal
combustion engine driven equipment shall be fitted with mufflers,
which are in good condition. Good mufflers shall result in non-impact
tools generating a maximum noise level of 80 dB when measured at a
distance of 50 feet.
• Utilize “quiet” models of air compressors and other stationary noise
sources where technology exists.
• Locate stationary noise-generating equipment as far as possible from
sensitive receptors when sensitive receptors adjoin or are near a
construction project area.
• Prohibit unnecessary idling of internal combustion engines.
• Prohibit audible construction workers’ radios on adjoining
properties.
• Restrict noise-generating activities at the construction site or in areas
adjacent to the construction site to the hours between 8:00 a.m. and
5:00 p.m., Monday through Friday.
• Do not allow machinery to be cleaned or serviced past 6:00 p.m. or
prior to 7:00 a.m. Monday through Friday.
• Limit the allowable hours for the delivery of materials or equipment
to the site and truck traffic coming to and from the site for any
purpose to Monday through Friday between 7:00 a.m. and 6:00 p.m.
• The allowable hours for delivery of materials and equipment to the
site and truck traffic coming to and from the site for any purpose shall
be further limited to avoid the area’s peak morning and afternoon
weekday school commute hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m.
to 4:00 p.m.
• Do not allow any outdoor construction or construction-related
activities at the project site on weekends and holidays. Indoor
construction activities may be allowed based on review/approval of
the Town.
• Allowable construction hours shall be posted clearly on a sign at each
construction site.
• Designate a Disturbance Coordinator for each of the clustered
development sites for the duration of the Phase 1 (site work) and for
each home site during the Phase 2 (home building) construction.
Because each home would be constructed individually and would
have its own building permit, a Disturbance Coordinator should be
designated during the construction of each home. The requirement
for a Disturbance Coordinator for each home site should be
incorporated in the CCRs of the development, such that responsibility
of the Property Owners’ Association and/or home builder to
designate this Disturbance Coordinator for each lot for the duration
of construction until full site buildout. The Disturbance Coordinator
shall conduct the following: receive and act on complaints about
construction disturbances during infrastructure installation,
landslide repair, road building, residential construction, and other
construction activities; determine the cause(s) and implement
remedial measures as necessary to alleviate significant problems;
clearly post his/her name and phone number(s) on a sign at each
clustered development and home building site; and, notify area
residents of construction activities, schedules, and impacts.
Finding: Implementation of Town’s standard noise reduction measures would reduce
construction noise impacts to a less than significant level.
Facts in Support of Finding: Implementation of Town’s standard noise reduction
measures would ensure that future development under the Housing
Element Update develop a construction mitigation plan to reduce noise
during all phases of construction, consistent with General Plan Policy 27.13.
Transportation
Impact: Impact TRN-2.1: Residential development in Sub Areas 1, 4, 5, and 6 would
exceed the Town-wide threshold of 19.0 VMT per resident resulting in a
significant impact.
Mitigation: MM TRN-2.1: The Town proposes to adopt the following development
standard to require future development on Housing Element Update sites in
Sub Areas 1, 4, 5, and 6 incorporate project-scale and community-scale
measures to reduce residential VMT to the maximum extent possible.
Development Standard
Implement a comprehensive TDM program that includes the following
elements:
• Ride-sharing program
• Subsidize or discount transit passes
• Price and manage parking
Applicants shall coordinate with the Town and CCTA to implement the
following community-scale strategies:
• Improve the pedestrian network
• Increase transit service frequent
• Implement neighborhood or community-wide car-sharing programs
Finding: Implementation of MM TRN-2.1, would be able to reduce VMT by up to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Impact: Impact TRN-C: The project would result in a cumulatively considerable
contribution to a cumulatively significant transportation impact.
The discussion of VMT impacts associated with the Project under Impact
TRN-2 is inherently a cumulative impact analysis as it compares the Project
to the Town-wide VMT threshold. As detailed under Impact TRN-2, the
addition of Project-generated VMT within the Town from Sub Areas 1, 4, 5,
and 6 would exceed the Town-wide threshold of 19.0 VMT per resident
resulting in a significant impact. Implementation of MM TRN-2.1 would
reduce VMT generated in Sub Area 1 to below the Town-wide VMT
threshold of 19.0 per resident. Implementation of MM TRN-2.1 would
reduce VMT in Sub Areas 4, 5, and 6 by a maximum of 5.2 percent. In order
to reduce VMT below the Town-wide threshold, Sub Areas 4, 5, and 6 would
need 13, 15, and 18 percent VMT reductions, respectively. Therefore, even
with implementation of MM TRN-2.1, residential VMT per resident would
exceed the Town’s significance threshold of 19.0. Therefore, the Project’s
contribution to substantial effects related to VMT would be cumulatively
considerable and significant and unavoidable.
Mitigation: Refer to MM TRN-2.1.
Finding: Implementation of MM TRN-2.1, would be able to reduce VMT by up to 5.2
percent, resulting in a residential VMT of 18.8 per resident in Sub Area 1,
which is below the Town-wide threshold of 19.0 VMT per resident.
Implementation of the VMT mitigation strategies described above would
reduce residential VMT to 20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0
for Sub Area 6, which would still exceed the Town-wide threshold of 19.0
VMT per resident, this constitutes a significant and unavoidable VMT
impact.
Facts in Support of Finding: The Contra Costa Transit Authority (CCTA) Growth
Management Program Implementation Guide outlines various VMT
mitigation measures, as well as their potential effectiveness (refer to Tale
3.17-4 of the Draft EIR). The Project’s VMT was evaluated using the CCTA
model. CCTA’s VMT mitigation measures would reduce residential VMT to
20.7 for Sub Areas 4, 21.2 for Sub Area 5, and 22.0 for Sub Area 6, which
would still exceed the Town-wide threshold of 19.0 VMT per resident, this
constitutes a significant and unavoidable VMT impact.
Utilities and Service Systems
Impact: Impact UTL-2.1: The Project water demand would exceed water projections
in East Bay Municipal Utility District’s adopted 2020 Urban Water
Management Plan.
Mitigation: No feasible mitigation.
Finding: Future housing development under the Housing Element Update would be
subject to the same drought restrictions that apply to all District customers
during multi-year droughts. Furthermore, General Plan Policy 20.02 would
ensure that future development approvals are reviewed to ensure adequate
water supply is available to serve the proposed development. In addition,
there are several General Plan policies that promote efficient water use by
encouraging drought tolerant landscaping, use of water efficient plumbing
fixtures, use or reclaimed water (Policies 31.01 and 31.02). However, the
Project’s water demand would still exceed the 2020 UWMP’s projections,
this constitutes a significant and unavoidable impact.
Facts in Support of Finding: As documented in Table 3.19-1 of the Draft EIR, projected
population growth associated with the Housing Element Update would
exceed the Association of Bay Area Government’s 2040 growth projections
by 2,389 households. Based on a multi-family water use demand of 120
gallons per day, the additional households would generate approximately
286,680 gallons per day beyond what was accounted for in the 2020 UWMP.
ALTERNATIVES TO THE PROJECT
An EIR must describe a range of reasonable alternatives to the project, or the location of
the project, which would feasibly obtain most of the basic objectives of the project but
would avoid or substantially lessen any of the significant environmental effects of the
project. While CEQA does not require that alternatives must be capable of meeting all of
the project objectives, their ability to meet most of the basic objectives is considered
relevant to their consideration. The objectives for the Project are as follows:
• Goal 1: Develop infrastructure through funding mechanisms that support the
demands of current and future residents, housing, commercial, and retail
development.
• Goal 2: Promote a vibrant commercial and cultural downtown area that meets the
needs of residents and visitors and encourages a mix of retail, commercial, and
residential building through zoning.
• Goal 3: Promote environmental responsibility, long-term sustainability, and
adaptability in residential development and related infrastructure to minimize
impacts to global climate change.
• Goal 4: Promote housing opportunities for all persons regardless of race, age,
gender, sexual orientation, marital status, ability, or national origin.
• Goal 5: Affirmatively further fair housing by taking meaningful actions that
overcome patterns of segregation and foster inclusive communities.
• Goal 6: Promote the expansion of the housing throughout the Town to
accommodate a variety of housing types that are attractive and affordable to
potential renters and home buyers at a wide range of income levels.
• Goal 7: Promote access to affordable housing opportunities for persons with special
housing needs such as seniors, developmentally disabled, large households, and
very low to moderate income households.
• Goal 8: Facilitate a mix of housing types with density and height limitations
appropriate for the subject neighborhood.
• Goal 9: Promote a wide variety of housing types that balance valued aspects of the
existing community character, including quality design, scale, and preservation of
natural features.
• Goal 10: Adopt and implement a Housing Element that complies with State Law.
The Town Council of Danville may reject the alternative if it is determined that specific
considerations make the alternative infeasible. Pursuant to California Public Resources
Code Section 21081 and the CEQA Guidelines Section 15091 et seq., the Town Council of
Danville adopts and makes the following findings with respect to the alternatives
identified in the Final EIR, as described below.
No Project Alternative
Description: Under the No Project Alternative, the Town would continue to implement
the adopted 2014-2022 Housing Element as adopted in the 2030 General Plan. The Housing
Element goals, policies, and programs as well as the Land Use Map and Zoning Code
would not be updated to address the Town’s housing needs under this alternative. State
Housing law requires that all cities within the nine Bay Area counties (including each
county) complete the 6th Cycle Housing Element Update by January 2023. ABAG has
identified a RHNA allocation of 2,241 units for the Town.
Under this alternative, the Town would continue to develop under the existing General
Plan and Housing Element. The Town would be non-compliant with State Housing law
and could face penalties for non-compliance. No new significant environmental impacts
or an increased severity of environmental impacts identified in the General Plan EIR
would occur under this alternative because it would retain the currently General Plan land
use designations and policy provisions.
Comparison to the Project: Under this alternative, the Town would continue to develop
under the existing General Plan and Housing Element. Residential development in the
Town would continue to have significant VMT impacts, if located in a high VMT area.
GHG emissions would be reduced overall given the amount of development allowed
under the current General Plan but may exceed 2030 emissions thresholds on a per capita
basis depending on the location of the development sites. Under this alternative, the
proposed 2,577 residential units would not be constructed, and projected water demand
would not exceed projections in the adopted 2020 UWMP.
Finding: The No Project Alternative would achieve some of the Project objectives.
Under this alternative, the Town would continue to develop under the
existing General Plan and Housing Element. The Town would not expand
housing opportunities (Goal 6) to the same extent as the Project. In addition,
this Alternative would only partially satisfy Goals 7 through 9. The Town
would be non-compliant with state housing law (Goal 10) and could face
penalties for non-compliance.
The No Project Alternative would create specific legal and economic
problems for the Town if adopted. Legally, state housing law allows the
State of California and/or third parties to sue the Town to seek court-
ordered compliance with the housing element law. Such lawsuits can lead
to all loss of local discretion and control over review of proposed
developments. Even without litigation, provisions of the Housing
Accountability Act (Government Code Section 65589.5) allows certain
affordable housing projects to avoid local zoning when the housing element
does not substantially comply with state law (the so-called “builder’s
remedy”).
Adoption of the No Project Alternative would also lead to specific economic
problems for the Town. As mentioned above, failure to adopt a conforming
housing element can, and likely will, lead to litigation against the Town. In
addition to loss of local control, such a lawsuit can lead to significant
financial penalties imposed by the state, in addition to the expense of
defending any such lawsuits.
Reduced VMT Alternative
Description: Under The Reduced VMT Alternative, the Town would adopt a Housing
Element Update that only included sites in Sub Areas 2, 3, 7 and 8. All other
aspects of the Housing Element Update would remain the same.
Comparison to the Project: As discussed in Section 3.17 Transportation of
the Draft EIR, residential development in Sub Areas 2, 3, 7 and 8 would
generate VMT below the Town-wide residential VMT threshold and VMT
impacts would be less than significant. Therefore, the Reduced VMT
Alternative would avoid a significant and unavoidable VMT impact. Given
the reduction in VMT per capita under this alternative, GHG emissions per
capita would also be reduced. Under this alternative, the proposed 2,577
residential units would still be constructed in Sub Areas 2, 3, 7 and 8, and
projected water demand would exceed projections in the adopted 2020
UWMP. This alternative would result in the same significant and avoidable
water supply impact.
Finding: The Reduced VMT alternative would meet all the stated Project objectives.
Under this Alternative, the Town would accommodate 2,577 residential
units consistent with the RHNA target set by ABAG.
Adoption of the Reduced VMT alternative would require all the units to be
placed on fewer acres, requiring higher densities and, resulting in taller and
more massive buildings within the Downtown area. These developments
would not be consistent with existing development pattern and the character
of the Town.
As a result, development would not be consistent with the following General
Plan Policy:
Policy 1.02: Require that new development be generally consistent with the
scale, appearance, and small town character of Danville.
The Reduced VMY alterative would be inconsistent with State Housing Law,
including AFFH requirements, as it would concentrate all development in
and around the Downtown area, rather than integrate development into the
community.
STATEMENT OF OVERRIDING CONSIDERATIONS
Pursuant to California Public Resources Code Section 21081 and the CEQA Guidelines
Section 15093 et seq., the Council adopts and makes the following statement of overriding
considerations regarding the remaining unavoidable impact of the project and the
anticipated benefits of the project.
Significant Unavoidable Impact
With respect to the foregoing findings and in recognition of those facts which are included
in the record, the Council has determined that the project would cause significant and
unavoidable greenhouse gas emission (Impact GHG-1.1 and GHG-C), VMT impacts
(Impact TRN-2.1 and TRN-C) and water supply impacts (Impact UTL-2.1), as set forth
above.
Overriding Considerations
Despite the existence of significant adverse impacts that may not be mitigated to below
the level of significance, the Council has balanced the benefits of the project against these
significant and unavoidable environmental impacts.
Pursuant to this balancing, the Council specifically adopts and makes this Statement of
Overriding Considerations that this project has eliminated or substantially lessened all
significant effects on the environment where feasible and finds that the remaining
significant and unavoidable impacts of the project are acceptable because the benefits of
the project outweigh the significant and adverse impacts of the project.
The Council hereby finds that each benefit listed below constitutes a separate and
independent basis of justification for the Statement of Overriding Considerations, and
each is able to independently support the Statement of Overriding Considerations and
override the significant and unavoidable environmental effects of the project. In addition,
each benefit is independently supported by substantial evidence contained in the
administrative record.
Benefits of the Proposed Project
The Council has considered the EIR, the public record proceedings on the proposed
project, and other written materials presented to the Town of Danville, as well as oral and
written testimony at all hearings related to the project, and does hereby determine that
implementation of the project as specifically provided in the project documents would
result in the following substantial public benefits: [Note to Town: please include reasoning
for adopting Statement of Overriding Considerations.]
• Approval of the project is necessary to comply with State Housing Element Law
• Approval of the project is necessary for the Town to provide suitable housing at
various affordability levels to provide adequate housing options for residents of the
Town and the region.
• Approval of the project is necessary to meet housing goals and programs described
in the plan, including fair housing needs.
• Approval of the project would allow the Town to retain the maximum level of local
review and discretion over proposed developments. Under state housing law,
failure to approve the project would lead to loss of direct local control over future
development proposals.
• Approval of the project is necessary to avoid costly fines and penalties as well as
the cost of litigation from the state and/or third parties to ensure compliance with
state housing law.
• Approval of the project ensures that the use of the so-called “builder’s remedy”
under the Housing Accountability Act is not used against the Town, potentially
leading to the mandatory approval of developments inconsistent with the Town’s
zoning ordinance.
Conclusion
The Commission has weighed the above benefits of the proposed project against its
significant and unavoidable environmental effects identified in the Final EIR and hereby
determines that each of these benefits outweighs the adverse environmental effects and,
therefore, further determines that the significant and unavoidable environmental effects
of the project is acceptable.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
2023-2031 Housing Element (GPA22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The 2023-2031 Housing Element of the General Plan substantially
complies with Housing Element Law, as provided in Government Code 65580 et seq.
and is consistent the with Land Use and other elements of the Town's General Plan.
The proposed amendments are required to bring the Housing Element into consistency
with State law and are consistent with sound planning principles in that the proposed
policies and proposed implementing regulations are compatible and ensure that the
goals and policies of the General Plan can be adequately implemented to achieve the
community's vision.
SECTION 3. As required by Government Code Section 65585(e), the Planning
Commission has considered the comments made by the Department of Housing and
Community Development included in the Department's letter to the Town dated
November 10, 2022. Consistent with Government Code Section 65585(f), the Town has
modified the draft Housing Element in response to the comments of the Department
to substantially comply with the requirements of Article 10.6 of the Government Code as
interpreted by HCD.
SECTION 4. There is a real and substantial relationship of the Danville Housing
Element to the general welfare of the Town and the entire region. Danville has adequately
researched and considered the numerous competing interests in the region and, in view of
the demonstrated need for new housing, the approval constituted a reasonable
accommodation of those interests.
SECTION 5. The 2014-2022 Housing Element is hereby repealed in its entirety and
the 2023-2031 Housing Element (Attachment 1) is recommended for approval.
SECTION 6: The Chief of Planning, after the Town Council’s approval, is hereby
directed to file all necessary material with the Department of Housing and Community
Development for the Department to find that the 2023-2031 Housing Element is in
conformance with State law.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
General Plan Land Use Designation Amendments (GPA22-0002)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The General Plan land use amendments will provide sufficient lands
at land use densities and related affordability levels necessary to meet the Town’s
RHNA, implementing requirements of the Danville 2023-2031 Housing Element and in
compliance with State law.
SECTION 3. General Plan Amendment GPA22-0002, for properties that are not
contained within the Downtown Danville Land Use Districts, amending the Town’s
Land Use Map for the properties listed and shown on the map in Attachment 2 of this
Resolution from various exiting Land Use Designations to Residential – Multifamily -
High Density Special (30-35 units per acre) Land Use Designation and, for properties
contained within the Downtown Danville Land Use Districts, amending the Town’s
Land Use Map for the properties also listed and shown in the map in Attachment 2 of
this Resolution from various existing Land Use Designations to Downtown Business
District Area 13; Multifamily -Residential - High Density Special (30-35 units per acre)
Land Use Designating, is hereby recommended for approved.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
General Plan Text Amendment (GPA22-0003)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. The General Plan Text Amendment is necessary to add a new
Residential – Multifamily - High Density Special (30-35 units per acre) Land Use
Designation to the Town’s 2030 General Plan to meet the Town’s RHNA requirements
and to implement programs contained within the Danville 2023-2031 Housing Element
and to comply with State law.
SECTION 3. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.39, after the
Residential – Multifamily – High Density (25-30 units per acre) to add the description
and compatible zoning districts for a new Residential – Multifamily – High Density
Special (30-35 units per acre) Land Use Designation. This new General Plan text language
is included in Attachment 3 of this Resolution and is hereby recommended for approved.
SECTION 4. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.55 within the
Special Concern Area language of the Danville 2030 General Plan for Fostoria East. This
new General Plan text language is included in Attachment 3 of this resolution and is
hereby recommended for approval.
SECTION 5. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.49 within the
Special Concern Area language of the Danville 2030 General Plan for Diablo/Green
Valley/ Stone Valley Corridor. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
SECTION 6. General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use beginning on Page 3.56 within the
Special Concern Area language of the Danville 2030 General Plan for Downtown
Danville and North Hartz Avenue. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
SECTION 7: General Plan Amendment GPA22-0002 amending the Danville 2030
General Plan, Chapter 3, Planning and Land Use, beginning on Page 3.50 within the
Special Concern Area language of the Danville 2030 General Plan for Historic Wood
Family Ranch Headquarters. This new General Plan text language is included in
Attachment 3 of this resolution and is hereby recommended for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Zoning Text Amendments (ZTA22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. Zoning Text Amendments to the Danville Downtown Business
District Ordinance (Municipal Code Section 32-45) will provide land use and
development standards for newly created Downtown Business District Area 13;
Multifamily – Residential - High Density Special, implementing requirements of the
Danville 2023-2031 Housing Element and in compliance with State law.
SECTION 3. Zoning Text Amendments to the Town’s Downtown Business
District Ordinance (Municipal Code 32-45) to include the language contained within
Attachment 4 of this Resolution are recommended for approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning
Commission hereby finds as follows:
Preliminary Development Plan - Rezoning (PUD22-0001)
SECTION 1. The foregoing recitations are true and correct and are incorporated
by reference into this action:
SECTION 2. In order to provide for land use and development standards for the
lands located outside of the Downtown Business Land Use Districts and provide the
necessary housing sites at necessary residential densities and in order to comply with
the Town’s RHNA and State Housing Element Law, the sites to receive General Plan
Land Use Amendments which are not located within the Downtown Danville Land
Use Districts and identified within Attachment 2 are rezoned from various existing
zoning districts to P-1; Planned Unit Development District. Land use, density, and
development standards established within these P-1; Planned Unit Development
Districts are contained within Attachment 5 of this Resolution.
SECTION 3. Preliminary Development Plan – Rezonings creating land use,
density, and development standards are recommended for approval.
APPROVED by the Danville Planning Commission at a regular meeting on December
13, 2022 by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
ATTACHMENT 1
LINK TO THE DRAFT HOUSING ELEMENT
SECOND SUBMITTAL TO HCD
DRAFT HOUSING ELEMENT SECOND SUBMITTAL TO HCD
ATTACHMENT 2 OF RESOLUTION NO. 2022-17
PARCELS SUBJECT TO GENERAL PLAN LAND USE AMENDMENTS
General Plan Amendment GPA22-0002, for properties that are not contained within
the Downtown Danville Land Use Districts, amending the Town’s General Plan Land
Use Map for the property Assessor’s Parcel Numbers (APNs) listed below from various
General Plan Land Use Designations to the Residential – Multifamily – High Density
Special (30-35 units per acre) Land Use Designation:
Map Key Site
200131005 510 La Gonda Way A
200052004 520 La Gonda Way A
200152008 455 La Gonda Way B
200040012 425 El Pintado C
200020010 939 El Pintado D
200140016 400 El Cerro Blvd E
207012001 744 San Ramon Valley Blvd U
207012007 760 San Ramon Valley Blvd U
207012008 770 San Ramon Valley Blvd U
207012009 780 San Ramon Valley Blvd U
207012010 790 San Ramon Valley Blvd U
196270029 828 Diablo Road W
217040021 2900 Camino Tassajara X
218040043 3420 Fostoria Way Y
216220008 699 Old Orchard Dr Z
General Plan Amendment GPA22-0002, for properties that are contained within the
Downtown Danville Land Use Districts, amending the Town’s General Plan Land Use
Map for the property Assessor’s Parcel Numbers (APNs) listed below from various
General Plan Land Use Designations to the Downtown Business District Area 13:
Multifamily – Residential – High Density Special (30-35 units per acre) Land Use
Designation:
Map Key Site
199330067 111 Hartz Ave G
199330035 115 Hartz G
199330064 127 Hartz G
199330055 Railroad Ave G
199330056 70 Railroad Ave G
199330058 145 Hartz G
199330063 171 Hartz G
199330065 179 Hartz G
ATTACHMENT 2
199330009 80 Railroad G
199330010 195 Hartz G
199330027 112 W. Linda Mesa G
200190024 100 Hartz H
200190023 110 Hartz H
200190028 120 Hartz H
200190018 130 Hartz H
200190010 Hartz Ave H
200190017 150 Hartz H
200190021 180 Hartz H
200200017 344 Rose I
208010023 155 Diablo J
216120028 307 Diablo Rd K-1
216120029 Front St K-1
216120042 315 Diablo Rd K-1
216120043 319 Diablo Road K-1
216120012 363 Diablo Road K-2
216120015 Diablo Road K-2
200211005 268 Rose St L-1
200211007 199 E. Linda Mesa L-1
200211016 254 Rose Ave L-1
200211017 67 Front St L-1
200211018 77 Front St L-1
200211027 85 Front St L-1
200211025 290 Rose Ave L-1
208022036 185 Front Street M
216101001 486 San Ramon Valley Blvd N
216101002 480 San Ramon Valley Blvd N
208043020 535 San Ramon Valley Blvd O
208043021 San Ramon Valley Blvd O
208043022 509 San Ramon Valley Blvd O
208043024 515 San Ramon Valley Blvd O
208043025 519 San Ramon Valley Blvd O
216080074 620 San Ramon Valley Blvd P-2
216090019 554 San Ramon Valley Blvd P-1
216090023 588 San Ramon Valley Blvd P-1
208044015 571 San Ramon Valley Blvd Q
208044017 551 San Ramon Valley Blvd Q
208044018 555 San Ramon Valley Blvd Q
208051009 577 San Ramon Valley Blvd Q
208051011 10 Town & Country Q
208051010 30 Town & Country Q
208060029 585 San Ramon Valley Blvd R-1
208060055 609 San Ramon Valley Blvd R-2
208060056 615 San Ramon Valley Blvd R-2
208060057 607 San Ramon Valley Blvd R-2
208060058 589 San Ramon Valley Blvd R-2
208060059 San Ramon Valley Blvd R-2
208060053 107 Town & Country S
216080004 Boone Ct T
216080072 200 Boone Ct T
MAP OF PARCELS SUBJECT TO GENERAL PLAN LAND USE AMENDMENTS
ATTACHMENT 3 OF RESOLUTION NO. 2022-17
General Plan Text Amendment GPA22-0003
Text to be added to Chapter 3, Planning and Development, Page 3.39, after the Residential
–Multifamily – High Density section of the Danville 2030 General Plan:
Residential - Multifamily – High Density Special
Density: 30 to 35 dwelling units per net acre. Development below the minimum density
is not permitted.
Zoning: The Town’s P-1; Planned Unit Development District is consistent with the
Residential – Multifamily – High Density Special land use designation.
Description: All initial sites with this designation received this designation as part of the
Town’s 2023-2031 Housing Element adoption and are intended to provide sufficient
residential development density to meet the Town’s Regional Housing Needs
Assignment. All these sites have received a P-1; Planned Unit Development zoning
designation, which establishes site-specific land use and development standards. The
specific minimum residential development densities for each site, within the 30-35 unit
per acre range, are specified within each P-1; Planned Unit Development District.
Any future General Plan land use amendments creating additional lands with this land
use designation, will require site-specific P-1; Planned Unit Development District
rezonings.
This designation permits the development of condominiums, apartments, and senior
housing combined with varying amounts of open space and landscaping. Central
recreational and open space amenities should be an integral part of higher density
projects. The development of affordable rental housing should be encouraged within
these areas. Market-rate multifamily housing is also permitted. Conversion of these areas
to other residential land uses or to non-residential land uses is strongly discouraged.
General Plan Text Amendment GPA22-0003
Text to be added to Chapter 3, Planning and Development, Page 3.55 within the Special
Concern Area language of the Danville 2030 General Plan for Fostoria East:
The remainder of Fostoria East, comprising approximately 2.6 acres, retained its
Commercial - Controlled Manufacturing designation in the initial adoption of the 2030
General Plan. The site was redesignated to Residential – Multifamily – High Density
Special (30-35 units per acre) as part of the Town adoption of the 2023-2031 Housing
ATTACHMENT 3
Element of the General Plan. This site was one of the sites re-designated to allow for
multiple family housing to help the meet its Regional Housing Need Assignment
(RHNA). The designation allows existing uses to continue. Looking out over the next 20
years, the area also represents an opportunity for livework type uses, incubator office
space, and other technology-oriented or “creative economy” uses.
Given the location of this site at the terminus of Fostoria Way, uses which generate
large traffic volumes (such as shopping centers or big box retail stores) should be
discouraged. Any Future development of this site is subject to the development standards
contained within the site’s P-1; Planned Unit Development District zoning (PUD22-0001).
In addition, development of the site or intensification of the Controlled Manufacturing
sites would need to be designed to minimize impacts on surrounding residential
properties. Buffering and screening to adjacent development on the north will be critical.,
with building heights of no more than two stories along the northern property line.
Ingress and egress should be limited to Fostoria Way.
General Plan Text Amendment GPA22-0003
Text to be added to Chapter 3, Planning and Development, Page 3.49 within the Special
Concern Area language of the Danville 2030 General Plan for the Diablo/Green
Valley/Stone Valley Corridor:
The north-south segment of Diablo Road between its intersections with Camino Tassajara
and El Cerro Blvd includes a number of parcels with development potential, particularly
near the El Cerro Blvd intersection. The General Plan designates this entire segment for
Residential - Single Family - Low Density (1-3 units per acre) uses with the initial
adoption of the 2030 General Plan. The 2.72 acre nursery site at 828 Diablo Road was
redesignated to Residential – Multifamily – High Density Special (30-35 units per acre) as
part of the Town adoption of the 2023-2031 Housing Element of the General Plan. This
site was one of the sites re-designated to allow for multiple family housing to help the
meet its Regional Housing Need Assignment (RHNA). Future development of this site is
subject to the development standards contained within the site’s P-1; Planned Unit
Development District zoning (PUD22-0001). In addition, development of the site would
need to be designed to minimize impacts on surrounding residential properties. If
development is proposed on other vacant or underutilized parcels in this area, it must
occur in a manner that is compatible with nearby residential uses. To the extent feasible,
development on such parcels should not increase the number of ingress and egress points
to Diablo Road. New commercial or institutional uses are not considered appropriate in
this area., nor are medium or high density residential uses.
General Plan Text Amendment GPA22-0003
Text to be added to Chapter 3, Planning and Development, Page 3.56 within the Special
Concern Area language of the Danville 2030 General Plan for the Special Concern Area
language of the Danville 2030 General Plan for Downtown Danville and North Hartz
Avenue:
Additional Downtown zoning subareas (i.e., DBD Areas 2A, 10, and 11) were
subsequently added to accommodate higher density development and encourage mixed
land uses. With the adoption of the 2030 Plan, another subarea (i.e., DBD Area 12) is
created for the property designated for multifamily residential use in the 25-30 units per
acre density range. With the adoption of the Town’s 2023-2031 General Plan Housing
Element, an additional DBD Area 13 was added. DBD Area 13 allows 30-35 units per acre,
and was added to allow for additional multifamily housing to help the Town meet its
Regional Housing Needs Assignment (RHNA).
As part of the adoption of the Town’s 2023-2031 General Plan Housing Element, many
parcels within the North Hartz Avenue area were redesignated to DBD Area 13, allowing
30-35 residential units per acre. Land use and development standards contained within
the Town Downtown Business District Ordinance have been established and should be
strictly followed. The standards include a requirement for mixed use, with ground floor
retail adjacent to the major commercial corridors. In addition, wWhere larger projects
occur in the North Hartz area, buildings should be articulated into smaller components,
creating a scale and rhythm that effectively extends Old Town Danville. The eclectic,
finely detailed, and architecturally diverse character of Old Town should be carried
forward to the blocks north of Linda Mesa Avenue. Building heights should not exceed
existing zoning limits. Ground floor retail and restaurant uses are strongly encouraged
to create a lively street environment and enhance the image of the area as an integral part
of Downtown Danville.
General Plan Text Amendment GPA22-0003
Text to be added to Chapter 3, Planning and Development, beginning on Page 3.50 within
the Special Concern Area language of the Danville 2030 General Plan for Historic Wood
Family Ranch Headquarters:
With the adoption of the Town’s 2023-2031 General Plan Housing Element, an eight acre
portion of the site was designated as Residential – Multifamily – High Density Special
(30-35 units per acre). This site was one of the sites re-designated to allow for multiple
family housing to help the meet its Regional Housing Need Assignment (RHNA). Future
development of this site is subject to the development standards contained within the
site’s P-1; Planned Unit Development District zoning (PUD22-0001). For the remainder of
the site, Tthe Town encourages the planned unit development approach. in this area.
ATTACHMENT 4 OF RESOLUTION NO. 2022-17
32-45 DOWNTOWN BUSINESS DISTRICT.
Division 1
DEVELOPMENT STANDARDS
32-45.1 Purpose and Intent.
The Downtown Business District includes thirteen (13) fourteen (14) land use areas
which detail specific land uses that may occur. These thirteen (13) fourteen (14) land use
areas are shown on the zoning map in Figure 6 - Downtown Danville Land Use Districts
of the 2030 General Plan.
32-45.3. Applicability - Joint Study Session Review
d.Joint Study Session Review. Development plan applications for properties located
within Areas 11 and 12 Areas 11, 12 and 13 are subject to joint study session review
by the Design Review Board, Planning Commission and Town Council, prior to
final action by the Planning Commission. The Heritage Resource Commission
shall also be included if the project involves a Town-identified Heritage Resource.
SPECIFIC USES AND DEFINITIONS
32-45.10 Land Use Areas
These thirteen (13) fourteen (14) land use areas are intended to accommodate a mix of
uses and to guide development to appropriate locations within the downtown area,
consistent with the Downtown Master Plan and the General Plan. The areas and their
permitted uses are as set forth in subsections 32-45.11 through 32-45.21. Upon the
determination of the Chief of Planning, the list of permitted and conditional uses in the
thirteen (13) fourteen (14) land use areas may be expanded to include similar uses,
providing that the purpose and intent of each area is preserved and there is a finding of
substantial conformance with this chapter.
32-45.11 Area 13: Multifamily Residential High Special
a.Purpose. To permit the use of properties for multifamily residential use consistent with
the adopted Residential - Multifamily – Residential – High Density Special (30 to 35
units per acre) land use designation. Consistent with language contained in these
policy documents, the required minimum development density in DBD Area 13 shall
be 30 dwelling units per acre and the allowable maximum development density
ATTACHMENT 4
(absent density bonus provisions being invoked) shall be 35 dwelling units per acre.
Additionally, as directed by policy language contained in the Downtown Danville
Special Concern Area text of the General Plan, new development shall be compatible
in scale with existing development in Danville with buildings that respect the Town’s
architectural heritage and character, and which have been reviewed through
Danville’s design review process to achieve the desired form of development and
extending the pedestrian-oriented qualities that make Downtown a desirable
destination.
b. Permitted Uses. All multifamily residential uses permitted under Section 32-24 of the
Danville Municipal Code.
1. Developments which abut commercial corridors, including Hartz Avenue,
Railroad Avenue, San Ramon Valley Blvd., Front Street, Linda Mesa, and Rose
Street, shall include ground floor commercial space to be between eight and ten
percent of the net floor space of the first two stories of the building. The
commercial space shall be oriented toward the commercial corridors.
2. Commercial uses shall be consistent with the permitted and conditional uses
specified under Section 32-45.21, except residential use is an allowed use on all
floors.
c. Conditional Uses. Conditional uses as contained in subsection 32-24.4 of the Danville
Municipal Code may be permitted upon issuance of a Land Use Permit.
d. Prohibited Uses. The following uses are prohibited in Area 13:
1. Short term rentals.
e. Development Requirements.
1. Floor Area Ratio (FAR). The maximum allowable net floor area ratio shall not
exceed eighty percent (80%) of the net land area available for development, as
determined by a planning entitlement deemed complete for processing.
2. Story Height and Building Height. The maximum allowable story height is three
(3) stories. Where three story building massing is proposed as part of a new
project, each individual building grouping with a three story building massing
shall have a minimum of 7.5% of the building footprint expressed as two or two
and one half building stories (2 or 2½) with such reduced building massing
placed roughly proportionately across the elevations abutting the public street.
For the applicable portions of a building grouping not set at a two or two and
one half story building massing, the remainder of the building grouping shall
use a mix of 33’, 35’ and 37’ building heights while averaging a 35’ building
height for the affected portion of the building – or as otherwise authorized
through the design review process. The maximum building heights utilized shall
have their building height determined by the building height measurement
methodology cited above in Section 32-45.10 Land Use Areas - Building Height. The
maximum height for an accessory structure is fifteen (15) feet.
3. Parking. Reduction from the applicable DBD numerical parking requirements
set forth in subsection 32-45.34.j may be considered on a project-by-project basis
where housing to be developed is provided for seniors, where it is determined
that a reduced dependency on personal vehicles can reasonably be anticipated,
where a default parking standard is applicable due to state housing law
regulations, and/or where alternate parking standards are applicable because
the project has invoked density bonus provisions.
4. Building Setbacks.
a. Frontyard: Twenty feet from the public right-of-way, including corner lots.
b. Sideyard and rearyard building setbacks shall be as established through a site-
specific development plan approval. Future development abutting the I-680
freeway shall be set back to the extent necessary to mitigate potential impacts
associated with freeway noise, vibration, and/or air quality. Where
development will occur beside a creek (e.g., along San Ramon Creek),
development shall be set back to the extent feasible in order to accommodate a
pedestrian path in vicinity of the top of bank of the creek, for flood control
maintenance purposes, or as may be required by resource agencies.
32-45.24-1 Special Submittal Requirements for DBD Area 9, 11, 12 and 13 Projects
1. Supplemental Submittal Requirements. Application materials to be supplied at the time
of submittal of a development plan application shall, in addition to the submittal
requirements addressed in DBD Section 32-45.41 Application and P-1; Planned Unit
District Section 32-63.5(c) Rezoning - Rezoning and Development Plan Application and
subsection 32-63.6(a) shall detail the following:
a. The location, number and dimensional layout of any proposed tandem
parking spaces, mechanical stacked parking spaces, motorcycle parking
spaces, bicycle parking spaces, moving van and delivery parking spaces.
b.The minimum and average sizes of individual private open space areas (i.e.,
open or covered private patios and private balconies) proposed for the
project.
c.The location, minimum size, and average size of private storage spaces
proposed for the project.
d.The proposed means to screen proposed above-ground transformers,
meters, and above grade portions of facilities for other utilities.
e.The location, design and construction materials proposed for project fencing
and retaining walls.
f.Project information detailing the proposed percent coverage of land by
buildings and structures (including coverage by above grade cantilevered
areas).
g.The location and design of onsite project lighting, including building-
mounted lighting, parking and driveway lighting, walkway lighting, and
landscape and other accent lighting.
h.The location, design and construction materials proposed for project
porches, stoops, and similar design features.
i.The manner by which the project proposes to meet the requirements in
Section 32-73 Inclusionary Housing for Affordable Residential Housing of the
Danville Municipal Code.
g.Where the developer elects to invoke density bonus provisions to increase
project development density above the otherwise applicable net
development density, the developer shall provide written and graphic
material to indicate the manner by which the project proposes to meet the
requirements in Section 32-74 Density Bonus of the Danville Municipal Code
and California’s Density Bonus Law (Government Code Section 65915 et
seq.).
32-45.23-2 DBD Area 11, 12 and 13 Special Supplemental Design Standards
1.To achieve design and aesthetic quality relative the remainder of the DBD, new
multifamily residential projects in DBD Area 11, 12 and 13 shall address through
the submittal material supplied for their respective development plan requests the
following Special Supplemental Design Standards, the following design objectives
made for any proposed multifamily use of the property:
a. Building bulk, height, land coverage, visual appearance from adjacent land,
and design compatibility with existing adjoining development and land which
will remain, shall be considered and controlled.
b. The development shall reflect a design that integrates individual buildings and
building groups with the surrounding development and other physical
features in the area.
c. The design of structures shall provide for harmonious composition of mass,
scale, color, and textures, with special emphasis on the transition from one
building type to another, termination of groups of structures, relationships to
streets, exploitation of views, and integration of spaces and building forms
with the topography of the site and the character of the area.
d. Provisions shall be made for an efficient, direct and convenient system of
pedestrian circulation, together with landscaping and appropriate treatment of
any public areas or lobbies.
f. Off-street parking and loading areas shall be integrated into the overall vehicular
circulation system.
32-45.23-3 Required Special Studies for DBD Area 11, 12 or 13 Projects
1. Required Special Studies. As part of the required submittal material provided for a
final development plan for proposed development or redevelopment of any DBD
Area 11, 12 or 13 properties, the developer shall supply the following special
studies to document compliance with the Danville 2030 General Plan (General
Plan):
a. As part of the application submittal material provided for a final development
plan for any DBD Area 11, 12 or 13 property, to assure the project will comply
with the intent and requirements of Policy 14.02 of the General Plan and, the
developer shall be responsible for the preparation of detailed calculations of
the project’s proposed floor area ratio, net conditioned space, floor area ratio
(FAR), and net land area available for development. The information shall be
submitted for Town review and comment and shall be the basis of the
determination of project compliance with applicable DBD development
standards.
c. As part of the application submittal material provided for a final development
plan for any DBD Area 11, 12 or 13 properties, to assure the project will comply
with the intent and requirement of Policy 14.02 of the General Plan, the
developer shall be responsible for the preparation of a traffic impact analysis
consistent with Contra Costa Transportation Authority’s Technical Procedures
and Town policies. The traffic impact analysis shall, at a minimum, provide:
i. An analysis of the site plan, internal roadway circulation, design and location
of the project ingress and egress driveway and their connections to public
roadways and their connection relative existing proximate driveways.
ii. An assessment of traffic impacts generated by the project on the nearby
roadways and at key intersections identified by the Town. This shall
include documentation of project trip generation, distribution, and
assignment. This traffic impact assessment shall be conducted for existing;
existing plus project; and forecasted 2040 scenarios. Roadway
improvements and mitigation measures necessary for mitigating the
impact of the project on the Town-identified intersections shall be
identified. Mitigation measures identified shall include the construction of
project intersection improvements at the public street, potential
signalization of the project driveway intersection, or roadway widening or
right-of-way dedication along the project site’s roadway frontage.
iii. An assessment of parking supply and demand to address the anticipated
adequacy of proposed on-site parking supply.
iv. An assessment of existing and proposed pedestrian and bicycle access to
and from the project site.
d. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policy 21.06 of the General Plan, the developer shall
be responsible for the preparation of a tree report prepared by a certified
arborist.
c. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policy 21.10 of the General Plan, the developer shall
be responsible for the preparation of a biological assessment study. The
assessment shall be conducted by a qualified professional and shall determine
the presence or absence of any sensitive resources which could be affected by
proposed development, shall provide an assessment of the potential impacts,
and shall define measures for protecting, as applicable, the resource and
surrounding buffer habitat, in compliance with state and federal laws.
d. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policy 22.02 of the General Plan, the developer
shall be responsible for the preparation of a Stormwater Control Plan
detailing how the project will comply with the requirements of the Regional
Water Quality Control Board (RWQCB) for the San Francisco Bay Region.
e. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policy 24.07 of the General Plan, the developer
shall be responsible for the preparation of a preliminary soils and geologic
report.
f. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policies 27.02, 27.11, and 27.13 of the General
Plan, the developer shall be responsible for the preparation of an
environmental noise study in support of the site planning and design. The
study shall include a noise evaluation of existing and future noise levels in
private outdoor living areas and an interior noise analysis of the proposed
project. The study shall also include an evaluation of the potential short-
term construction noise impacts upon adjacent land uses.
g. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirement of Policy 28.02 of the 2030 Plan, the developer shall
be responsible for the preparation of a Phase I Environmental Site
Assessment (ESA).
h. As part of the application submittal material provided for the final
development plan for the property, to assure the project complies with the
intent and requirements of Policies 33.04, 34.02, and 34.04 of the 2030 Plan
and applicable Bay Area Air Quality Management District guidelines in
place at the time of project application, the developer shall be responsible
for the preparation of an air quality and greenhouse gases analysis study.
The study shall provide analysis of greenhouse gases (GHGs), criteria air
pollutants and precursors (CAPs), and local risk and hazard impacts at the
proposed multifamily residential development.
i. Based on the review for completeness of a final development plan
application, the Chief of Planning shall have the authority to waive
required Special Studies where the determination to not require one or
more of the special studies is based on a factually supportable
determination the study or studies are not necessary for the development
review process because of the specific nature of the application and/or the
development site.
P-1; PLANNED UNIT DEVELOPMENT DISTRICT (PUD22-0001)
Purpose.
The purpose of the P-1; Planned Unit Development District is to:
a.Create development standards appropriate for the development of compact, high
density multifamily residential housing, including condominiums, apartments, and
senior housing combined with varying amounts of open space and landscaping.
b.Create land use and development standards, as well as submittal requirements for
land with the Town’s Residential – Multifamily – High Density Special (30-35 units
per acre General Plan Land Use Designation.
c.Create development standards that encourage the provision of central recreational
and open space amenities as an integral part of higher density projects.
d.Create development standards that facilitate and encourage the development of
affordable rental housing within these areas, while also permitting market-rate
multifamily housing.
e.Further policies of the Danville 2030 General Plan by requiring observance of a
minimum development density and that strongly discouraging the conversion of
these areas to residential land uses with lower development densities or to non-
residential land uses.
f.Assure that future development compliments Danville's existing small town
character and established quality of life.
g.Integrate new development in a manner that is visually and functionally compatible
with the physical character of the surrounding community.
h.Minimize the impacts of uses, protect residents from the harmful effects of excessive
noise, overcrowding, excessive traffic, insufficient parking and other adverse
environmental effects.
Allowed Uses.
Uses permitted in the P-1; Planned Unit Development District (PUD22-0001) shall be as
follows:
a.Multifamily buildings, but not including motels or hotels;
ATTACHMENT 5
b.Horticulture;
c.Raising or keeping of domestic animals, with a limit of three (3) dogs and/or three (3)
cats over the age of four (4) months;
d.Publicly owned or privately owned parks and playgrounds;
e.Group Homes including Community Care Facilities and Residential Care Facilities,
consistent with state law;
f.Intermediate Care Facilities, consistent with law;
g.Health Facilities, consistent with state law;
h. Transitional housing, consistent with state law;
i.Supportive housing, consistent with state law;
j.A cottage food operation, complying with Municipal Code Section 32-22.5.a;
k. Home occupations, complying with Municipal Code Section 32-22.5.b;
l. Personal property sales, complying with Municipal Code Section 32-22.5.c;
m.Accessory dwelling units consistent with Municipal Code Section 32-76 (Accessory
Dwelling Unit Ordinance);
n.Residential greenhouses, under three hundred (300) square feet.
Conditional Uses; Uses Requiring a Land Use Permit.
a.Wireless communications facilities, complying with Municipal Code Section 32-70;
b.Uses which the Planning Commission has found, after notice and hearing, to be
comparable to the above uses.
Prohibited Uses.
a.Short term rentals.
Development Density.
a.Maximum Unit Density. The maximum residential density allowed in this district is
forty (35) units per net acre.
b.Minimum Unit Density. The minimum residential density allowed in this district is
thirty (30) dwelling units per net acre.
Minimum Lot Area, Width and Depth.
a.Area. No minimum lot area required.
b.Width. No minimum lot width is required.
c.Depth. No minimum lot depth is required.
Landscaping Buffer.
a. Where a development abuts an existing residential neighborhood, significant
landscape buffering shall be provided between the new development and the
existing neighborhoods.
Minimum Setback, and Maximum Height, Floor Area Ratio (FAR) Requirements for a
Multifamily Building.
a. Front yard. The minimum front yard setback shall be twenty-five (25) feet.
b. Side yard. The minimum side yard setback shall be twenty (20) feet.
c. Rear yard. The minimum rear yard setback shall be twenty (20) feet.
d. For development sites that abut a single family residential neighborhood, sideyard
and rearyard setbacks shall be a minimum of 50 feet two any second story building
elements.
e. FAR. The maximum allowable net floor area ratio (FAR) is thirty-five (80%) of the
net land area available for development, as determined by a planning entitlement
deemed complete for processing.
f. Building Height. The maximum building height for any multifamily structure is
thirty-seven (37) feet.
Accessory Structures.
Accessory structures shall have a maximum height of (15) fifteen feet.
Off-Street Parking.
a. Every multifamily dwelling unit shall have, on the same lot or parcel, off-street
automobile storage space as follows:
1. Studio dwelling unit, one (1) space; one bedroom dwelling unit, one and one-
half (11/2) spaces; two (2) or more bedroom units, two (2) spaces; plus
2. One-quarter (1/4) space per each dwelling unit for guest parking, which may
include available curb parking along the subject property's street frontage, and
fractional amounts of which shall be rounded out to the next higher whole
number of spaces.
3. Each space shall have minimum dimensions of nine feet clear by nineteen (9' x
19') feet surfaced area, and shall not be located within the side yard or setback
areas of the principal structure. One-half (½) of the required spaces shall be
covered.
Open Area.
Twenty-five percent (25%) of the area described by the development plan submitted
pursuant to subsection 32-24.12 shall not be occupied by buildings, structures, or
pavement. Seventy-five percent (75%) of the twenty-five percent (25%) open area shall be
planted and maintained with landscaping.
Submittal Requirements.
a. No development is lawful in the P-1 District until a Development Plan application has
been submitted to and approved by the Town.
b. All applications for development plan approval shall include drawings drawn to scale
indicating the following:
1. Topography;
2. A boundary survey of the site;
3. All existing and proposed structures, the height of each structure, and the number
of dwelling units in each structure;
4. Planting and landscape area;
5. Automobile parking areas;
6. Vehicular and pedestrian ways with grades, widths, and type of proposed
improvements;
7. Access points providing ingress to and egress from the side;
8. Existing and proposed utilities;
9. Recreation facilities and outdoor use amenities;
10. Surface drainage conditions and outlets;
11. Building elevations including architectural type, including all drawing and
details listed within the Town's Design Review Board Submittal Requirement
Checklist;
12. Amount of studio, one (1) bedroom, two (2) bedroom, or other size units;
13. Additional information as may be required by the Planning Division.
c. Review. Development Plan applications proposing new multifamily dwelling units
shall be subject to review by the Danville Planning Commission during a noticed
public hearing.
Special Submittal Requirements
Application materials to be supplied at the time of submittal of a development plan
application shall also include the following:
a. The location, number and dimensional layout of any proposed tandem parking
spaces, mechanical stacked parking spaces, motorcycle parking spaces, bicycle
parking spaces, moving van and delivery parking spaces.
b. The minimum and average sizes of individual private open space areas (i.e., open
or covered private patios and private balconies) proposed for the project.
c. The location, minimum size, and average size of private storage spaces proposed for
the project.
d. The proposed means to screen proposed above-ground transformers, meters, and
above grade portions of facilities for other utilities.
e. The location, design and construction materials proposed for project fencing and
retaining walls.
f. Project information detailing the proposed percent coverage of land by buildings
and structures (including coverage by above grade cantilevered areas).
g. The location and design of onsite project lighting, including building-mounted
lighting, parking and driveway lighting, walkway lighting, and landscape and other
accent lighting.
h. The location, design and construction materials proposed for project porches,
stoops, and similar design features.
i. The manner by which the project proposes to meet the requirements in Section 32-
73 Inclusionary Housing for Affordable Residential Housing of the Danville Municipal
Code.
j. Where the developer elects to invoke density bonus provisions to increase project
development density above the otherwise applicable net development density, the
developer shall provide written and graphic material to indicate the manner by
which the project proposes to meet the requirements in Section 32-74 Density Bonus
of the Danville Municipal Code and California’s Density Bonus Law (Government
Code Section 65915 et seq.).
Special Supplemental Design Standards
To achieve design and aesthetic quality relative to existing and future projects on
surrounding areas, new multifamily residential shall address through the submittal
material supplied for their respective development plan requests the following design
objectives:
a. Building bulk, height, land coverage, visual appearance from adjacent land, and
design compatibility with existing adjoining development and land which will
remain, shall be considered and controlled.
b. The development shall reflect a design that integrates individual buildings and
building groups with the surrounding development and other physical features in
the area.
c. The design of structures shall provide for harmonious composition of mass, scale,
color, and textures, with special emphasis on the transition from one building type
to another, termination of groups of structures, relationships to streets, exploitation
of views, and integration of spaces and building forms with the topography of the
site and the character of the area.
Required Special Studies
Required Special Studies. As part of the required submittal material provided for a final
development plan, the developer shall supply the following special studies to document
compliance with the Danville 2030 General Plan (General Plan):
a. To assure the project will comply with the intent and requirements of Policy 14.02
of the General Plan, the developer shall be responsible for the preparation of
detailed calculations of the project’s proposed floor area ratio (FAR), gross land area,
net conditioned space, net FAR, and net land area available for development,
collectively as those terms are defined in the Municipal Code Section 32-45.2. The
information shall be submitted for Town review and comment and shall be the basis
of the determination of project compliance with applicable development standards.
b. As part of the application submittal material provided to assure the project will
comply with the intent and requirement of Policy 14.02 of the General Plan, the
developer shall be responsible for the preparation of a traffic impact analysis The
traffic impact analysis shall, at a minimum, provide:
i. An analysis of the site plan, internal roadway circulation, design and location
of the project ingress and egress driveway and their connections to public
roadways and their connection relative existing proximate driveways.
ii. An assessment of traffic impacts generated by the project on the nearby
roadways and at key intersections identified by the Town. This shall include
documentation of project trip generation, distribution, and assignment. This
traffic impact assessment shall be conducted for existing; existing plus project;
and forecasted 2040 scenarios. Roadway improvements and mitigation
measures necessary for mitigating the impact of the project on the Town-
identified intersections shall be identified. Mitigation measures identified shall
include the construction of project intersection improvements at the public
street, potential signalization of the project driveway intersection, or roadway
widening or right-of-way dedication along the project site’s roadway frontage.
iii. An assessment of parking supply and demand to address the anticipated
adequacy of proposed on-site parking supply. This assessment shall include a
review of comparable residential projects in the Danville area to determine
their parking-per-unit ratios and the observed adequacy of the onsite parking
supplied in those projects.
iv. An assessment of existing and proposed pedestrian and bicycle access to and
from the project site and recommendations for mitigation improvements, were
determined necessary by the traffic impact analysis.
c. As part of the application submittal material provided to assure the project complies
with the intent and requirement of Policy 21.06 of the General Plan, the developer
shall be responsible for the preparation of a tree report prepared by a certified
arborist.
d. As part of the application submittal material provided for development application
to assure the project complies with the intent and requirement of Policy 21.10 of the
General Plan, the developer shall be responsible for the preparation of a biological
assessment study. The assessment shall be conducted by a qualified professional
and shall determine the presence or absence of any sensitive resources which could
be affected by proposed development, shall provide an assessment of the potential
impacts, and shall define measures for protecting, as applicable, the resource and
surrounding buffer habitat, in compliance with state and federal laws.
e. As part of the application submittal material provided for a development
application, to assure the project complies with the intent and requirement of Policy
22.02 of the General Plan, the developer shall be responsible for the preparation of a
Stormwater Control Plan detailing how the project will comply with the
requirements of the Regional Water Quality Control Board (RWQCB) for the San
Francisco Bay Region. The Stormwater Control Plan shall demonstrate how the
project complies with all applicable NPDES permit requirements to minimize
imperviousness, retain or detain stormwater, slow runoff rates, incorporate
required source controls, treat stormwater prior to discharge from the site, control
runoff rates and durations if required, and provide for operation and maintenance
of treatment and flow control facilities. The Plan shall have sufficient detail to ensure
the stormwater design, site plan, and landscaping plan are congruent.
f. As part of the application submittal material provided development application to
assure the project complies with the intent and requirement of Policy 24.07 of the
General Plan, the developer shall be responsible for the preparation of a preliminary
soils and geologic report.
g. As part of the application submittal material provided for a development plan
application, to assure the project complies with the intent and requirement of
Policies 27.02, 27.11, and 27.13 of the General Plan, the developer shall be
responsible for the preparation of an environmental noise study in support of the
site planning and design efforts for any proposed multifamily development. The
study shall include a noise evaluation of existing and future noise levels in private
outdoor living areas and an interior noise analysis of the proposed project. The
study shall also include an evaluation of the potential short-term construction noise
impacts upon adjacent land uses.
h. As part of the application submittal material provided for a development plan
application to assure the project complies with the intent and requirement of Policy
28.02 of the 2030 Plan, the developer shall be responsible for the preparation of a
Phase I Environmental Site Assessment (ESA).
i. As part of the application submittal material provided for a development plan
application to assure the project complies with the intent and requirements of
Policies 33.04, 34.02, and 34.04 of the 2030 Plan and applicable Bay Area Air Quality
Management District guidelines in place at the time of project application, the
developer shall be responsible for the preparation of an air quality and greenhouse
gases analysis study. The study shall provide analysis of greenhouse gases (GHGs),
criteria air pollutants and precursors (CAPs), and local risk and hazard impacts at
the proposed multifamily residential development.
j. Based on the review for completeness the development plan application, the Chief
of Planning shall have the authority to consider and approve any developer-written
requests for relief from the requirements above. Required Special Studies where the
determination to not require one or more of the special studies is based on a factually
supportable determination the study or studies are not necessary for the
development review process because of the specific nature of the application and/or
the development site.
MITIGATION MONITORING AND REPORTING PROGRAM
2023-2031 Housing Element Update
December 2022
ATTACHMENT 6
Page | 1
PREFACE
Section 21081.6 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting
Program (MMRP) whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment.
The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.
The Program Environmental Impact Report (PEIR) prepared for the 2023-2031 Housing Element Update concluded that the implementation of the project
could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of
project approval. This MMRP addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the PEIR concluded that the impacts from implementation of the project would be less than
significant.
Page | 2
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
GREENHOUSE GAS EMISSIONS
Mitigation for Impact GHG-1.1 will be provided through
implementation of MM TRN-2.1 (Refer to Transportation
discussion below.
Future residential development in Sub Areas 1, 4, 5, and 6
would be required to implement mitigation measures MM
TRN-2.1, which would require project-scale and
community-scale measures to reduce residential VMT.
These measures are expected to reduce VMT in these Sub
Areas by 4.7 to 5.2 percent (refer to Table 3.17-5 of the
PEIR).
Refer to MM TRN-2.1 below. Refer to MM TRN-2.1 below. Refer to MM TRN-2.1 below.
MM GHG-2.1: The Town proposes to adopt the following
development standard to prohibit new residential buildings
from including infrastructure to provide natural gas.
Development Standard:
New residential development shall not include natural gas
infrastructure for use in appliances and building heating.
With implementation of mitigation measure MM GHG-2.1,
future development under the Housing Element Update
would be consistent with GHG reduction efforts by 2030
and BAAQMD’s fair share design elements for achieving
carbon neutrality by 2045.
Prohibit natural gas
infrastructure in new
residential development.
Prior to issuance of
development permits.
Town of Danville Chief of
Planning
MM GHG-2.2: The Town proposes to adopt the following
development standard to require compliance with off-street
Require future development
to incorporate off-street
Prior to issuance of
development permits.
Town of Danville Chief of
Planning
Page | 3
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
electric vehicle requirements in the most recently adopted
version of CALGreen Tier 2 requirements.
Development Standard:
New housing developments shall comply with off-street
electric vehicle requirements in the most recently adopted
version of CALGreen Tier 2 requirements.
With implementation of mitigation measure MM GHG-2.2,
future development under the Housing Element Update
would be consistent with GHG reduction efforts by 2030 and
BAAQMD’s fair share design elements for achieving carbon
neutrality by 2045.
electric vehicle requirements
in the most recently adopted
version of the CALGreen
Tier 2 requirements.
NOISE
Implementation of General Plan Policy 27.13, which
requires that noise reduction measures be implemented
during all phases of construction, would minimize the
exposure of neighboring properties to excessive noise levels.
The Town’s following standard noise reduction measures
would be required for all future development under the
Housing Element Update.
• Prior to any grading or other construction activities,
the applicant shall develop a construction mitigation
plan in close coordination with the Town of
Danville to minimize noise disturbance. The
following conditions shall be incorporated into the
building contractor specifications:
Require future development
to develop a construction
mitigation plan to minimize
noise disturbance and
implement the Town’s
standard noise reduction
measures.
Prior to any grading or
construction activities.
During construction.
Town of Danville Chief of
Planning
Page | 4
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
o Muffle and maintain all equipment used on
site. All internal combustion engine driven
equipment shall be fitted with mufflers,
which are in good condition. Good mufflers
shall result in non-impact tools generating a
maximum noise level of 80 dB when
measured at a distance of 50 feet.
o Utilize “quiet” models of air compressors
and other stationary noise sources where
technology exists.
o Locate stationary noise-generating
equipment as far as possible from sensitive
receptors when sensitive receptors adjoin or
are near a construction project area.
o Prohibit unnecessary idling of internal
combustion engines.
o Prohibit audible construction workers’
radios on adjoining properties.
o Restrict noise-generating activities at the
construction site or in areas adjacent to the
construction site to the hours between 8:00
a.m. and 5:00 p.m., Monday through Friday.
o Do not allow machinery to be cleaned or
serviced past 6:00 p.m. or prior to 7:00 a.m.
Monday through Friday.
o Limit the allowable hours for the delivery of
materials or equipment to the site and truck
traffic coming to and from the site for any
Page | 5
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
purpose to Monday through Friday between
7:00 a.m. and 6:00 p.m.
o The allowable hours for delivery of
materials and equipment to the site and
truck traffic coming to and from the site for
any purpose shall be further limited to avoid
the area’s peak morning and afternoon
weekday school commute hours of 7:00
a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m.
o Do not allow any outdoor construction or
construction-related activities at the project
site on weekends and holidays. Indoor
construction activities may be allowed
based on review/approval of the Town.
o Allowable construction hours shall be
posted clearly on a sign at each construction
site.
o Designate a Disturbance Coordinator for
each of the clustered development sites for
the duration of the Phase 1 (site work) and
for each home site during the Phase 2 (home
building) construction. Because each home
would be constructed individually and
would have its own building permit, a
Disturbance Coordinator should be
designated during the construction of each
home. The requirement for a Disturbance
Coordinator for each home site should be
incorporated in the CCRs of the
development, such that responsibility of the
Page | 6
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
Property Owners’ Association and/or home
builder to designate this Disturbance
Coordinator for each lot for the duration of
construction until full site buildout. The
Disturbance Coordinator shall conduct the
following: receive and act on complaints
about construction disturbances during
infrastructure installation, landslide repair,
road building, residential construction, and
other construction activities; determine the
cause(s) and implement remedial measures
as necessary to alleviate significant
problems; clearly post his/her name and
phone number(s) on a sign at each clustered
development and home building site; and,
notify area residents of construction
activities, schedules, and impacts.
TRANSPORTATION
The CCTA’s Growth Management Program Implementation
Guide outlined various VMT mitigation measures, as well as
their potential effectiveness. PEIR Table 3.17-4 summarizes
the potential project- and community-scale measures that
could be implemented to reduce VMT and the associated
VMT reduction.
As shown in PEIR Table 3.17-3, Sub Areas 2, 3, 7 and 8
would generate VMT below the Town-wide residential
VMT threshold and VMT impacts would be less than
significant. Therefore, future residential development in
Require future development
in Sub Areas 1, 4, 5, and 6 to
implement project- and
community-scale measures
consistent with CCTA’s
Growth Management
Program Implementation
Guide (refer to Table 3.17-4
of the PEIR) as part of a
TDM program to reduce
Prior to building or grading
permits (whichever comes
first).
Town of Danville Chief of
Planning; CCTA
Page | 7
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
these areas would not need to implement VMT mitigation.
Sub Areas 1, 4, 5, and 6 would generate residential VMT at
4 to 18 percent above the Town-wide residential VMT
threshold and would need to implement VMT mitigation
measures to reduce the impact to less than significant. The
mitigation measures presented in PEIR Table 3.17-4 were
applied to Sub Areas 1, 4, 5, and 6 and the range of
effectiveness of these VMT reduction strategies is presented
in PEIR Table 3.17-5.
MM TRN-2.1: The Town proposes to adopt the following
development standard to require future
development on Housing Element Update
sites in Sub Areas 1, 4, 5, and 6 incorporate
project-scale and community-scale measures
to reduce residential VMT to the maximum
extent possible.
Development Standard:
Implement a comprehensive TDM program that includes
the following elements:
• Ride-sharing program
• Subsidize or discount transit passes
• Price and manage parking
Applicants shall coordinate with the Town and CCTA to
implement the following community-scale strategies:
residential VMT to the
maximum extent possible.
Page | 8
Source: Town of Danville. Final EIR. 2023-2031 Housing Element Update. November 2022.
MITIGATIONS MONITORING AND REPORTING PROGRAM
Documentation of Compliance
Method of Compliance
Or Mitigation Action Timing of Compliance Oversight Responsibility
• Improve the pedestrian network
• Increase transit service frequent
• Implement neighborhood or community-wide car-
sharing programs
ATTACHMENT B
LINK TO THE ENVIRONMENTAL IMPACT REPORT
FINAL Environmental Impact Report
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov
November 10, 2022
David Crompton, Chief of Planning Development Services Department Town of Danville
510 La Gonda Way
Danville, CA 94526
Dear David Crompton,
RE: Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element
Thank you for submitting the Town of Danville (Town) draft housing element update received for review on August 15, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development
(HCD) is reporting the results of its review. HCD considered comments from YIMBY Law and Greenbelt Alliance, East Bay for Everyone, South Bay YIMBY, Campaign for Fair Housing Elements and YIMBY Law, and Ryan McNamara pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information
regularly available and considering and incorporating comments where appropriate.
Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for
lower-income households, shall be completed no later than one year from the statutory
ATTACHMENT C
David Crompton, Chief of Planning Page 2
deadline. Otherwise, the local government’s housing element will no longer comply with
State Housing Element Law, and HCD may revoke its finding of substantial compliance
pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583,
subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are
completed. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s
Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical
assistance, please contact Connor Finney, of our staff, at Connor.Finney@hcd.ca.gov.
Sincerely,
Paul McDougall Senior Program Manager Enclosure
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 1 November 10, 2022
APPENDIX TOWN OF DANVILLE The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite
the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements
(Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the
Government Code addressing State Housing Element Law and other resources. A. Review and Revise
Government Code (GC) Section 65588 requires: “Each local government shall review its
housing element as frequently as appropriate to evaluate all of the following: (1) The
appropriateness of the housing goals, objectives, and policies in contributing to the
attainment of the state housing goal. (2) The effectiveness of the housing element in
attainment of the community's housing goals and objectives. (3) The progress of the city,
county, or city and county in implementation of the housing element.” (4) The effectiveness
of goals, policies, and related actions to meet the community’s special housing needs. GC
65583(a)(7).”
As part of the review of programs in the past cycle, the element must analyze the
effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
B. Housing Needs Resources and Constraints 1. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all
income levels, including extremely low-income households. (Gov. Code, § 65583, subd.
(a)(1).) Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding,
and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code,
§ 65583, subd. (a)(7).)
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 2 November 10, 2022
Extremely Low-Income Households (ELI): The element includes some basic information regarding ELI households such as the number of households. However, given the unique and disproportionate needs of ELI households, the element must identify their projected housing needs (e.g., 50 percent of the very low-income regional housing needs allocation (RHNA)) and include analysis to better formulate policies and
programs. For example, the element should analyze tenure, cost burden and other household characteristics, compare those characteristics to other income and special needs groups then examine the availability of resources to determine gaps in housing needs. Finally, the element should examine the success of past efforts and formulate an appropriate programmatic response given the magnitude of the need. For additional
information, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/extremely-low-income-housing-needs.shtml.
Overpayment: The element must quantify and analyze the number of lower-income
households overpaying by tenure (i.e., renter and owner). Special Needs: While the element quantifies the Town’s special needs populations, it must also analyze their special housing needs. For a complete analysis of each
population group, the element should discuss challenges faced by the population, the
existing resources to meet those needs (availability senior housing units, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
2. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Fair Housing Enforcement and Capacity: The element should discuss how the Town
complies with existing fair housing laws and regulations, any past fair housing lawsuits,
consent decrees or other related legal matters. Local to Regional Patterns of Income and Racially Concentrated Areas of Affluence (RCAA): While the element reports on County patterns of income and RCAA, it should
also compare the Town as a whole to the County and broader region and evaluate differences. This evaluation should also consider local data and knowledge and other relevant factors such as historical land use and other practices. Based on a complete analysis, the element should formulate appropriate policies and programs (not limited to the regional housing need allocation (RHNA)) to target significant and meaningful
affirmatively furthering fair housing (AFFH) outcomes. This evaluation should utilize HCD’s RCAA’s data available at https://www.hcd.ca.gov/affirmatively-furthering-fair-housing. Disproportionate Housing Needs: The element includes some general information on
persons experiencing homelessness and housing conditions but should also evaluate
those needs, impacts and patterns within the Town, such as areas of higher need. For
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 3 November 10, 2022
homelessness, the element should examine disproportionate impacts on protected
characteristics (e.g., race, disability) and patterns of need, including access to transportation and services. For housing conditions, the element should discuss any areas of potentially higher needs of rehabilitation and replacement. The element may utilize local data and knowledge such as service providers and code enforcement
officials to assist this analysis.
AFFH and Sites Inventory: The element must analyze how the identified sites contribute to or mitigate fair housing issues. An analysis should address all of the income categories of identified sites with respect to location, the number of units by all income groups and how that affects the existing patterns for all components of the assessment
of fair housing (e.g., segregation and integration, access to opportunity). If sites exacerbate conditions or isolate the RHNA by income group, the element should identify further program actions (not limited to the RHNA) that will be taken to promote equitable quality of life throughout the community (e.g., housing mobility and new opportunities in higher resource and income areas).
Local Data and Knowledge: The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the Town related to fair housing issues. The element should complement federal, state, and regional data
with local data and knowledge where appropriate to capture emerging trends and
issues, including utilizing knowledge from local and regional advocates and service providers, Town staff and related local and county planning documents and should include an analysis of the history of exclusionary zoning in the Town.
Other Relevant Factors: While the element mentions various other relevant factors, it
generally does not provide enough data or analysis. For example, land use and local opposition does not discuss or examine past practice and experience. This is particularly important given the tenure rates and housing types, trends and lack of housing choices and affordability.
Contributing Factors to Fair Housing Issues: Based on the outcomes of a complete analysis, the element must list and prioritize contributing factors to fair housing issues. Contributing factors should result in strategic approaches to inform and connect analysis, goals and actions to address and mitigate fair housing issues. For more
information, please see HCD’s Guidance Memo at https://www.hcd.ca.gov/planning-and-community-development/affirmatively-furthering-fair-housing. 3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a designated income level, and
an analysis of the relationship of zoning and public facilities and services to these sites.
(Gov. Code, § 65583, subd. (a)(3).)
Progress in Meeting the RHNA: The Town’s RHNA may be reduced by the number of
new units built, approved, or pending since June 30, 2022; however, the element must
demonstrate their affordability and availability in the planning period. Affordability should
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 4 November 10, 2022
be based on actual sales price, rent level or other mechanisms ensuring affordability
(e.g., deed restrictions). Availability should address the status, anticipated completion, any barriers to development and other relevant factors such as build out horizons, phasing and dropout rates to demonstrate the availability or likelihood of development in the planning period.
Realistic Capacity: The estimate of the number of units for each site must be adjusted as necessary, generally based on the land use controls and site improvements and typical densities of existing or approved residential developments at a similar affordability level. The element lists a few recent projects (pp. H-17, H-18 and B-12);
however, given the element is assuming 100 percent of maximum allowable densities, it
should list all recent projects. The listing should evaluate projects by zone, maximum allowable density, parcel size, number of units, affordability and frequency of exceptions such as density bonuses. This analysis should particularly examine trends based on zones and size of projects and demonstrate those circumstances are similar to
circumstances of identified sites. Alternatively, the element could rescale assumptions
less than maximum allowable density (e.g., 80 to 90 percent and 50 percent). In addition, where zoning allows 100 percent nonresidential uses, the calculation of residential capacity should account for the likelihood of 100 percent nonresidential
development. For example, the element could analyze all development activity in
nonresidential zones allowing 100 percent nonresidential uses, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly. This analysis may incorporate any proposed policies such as residential performance standards, prohibition of commercial uses and should clarify that all zones
allow residential uses, particularly 100 percent residential uses.
Suitability of Nonvacant Sites: The element must include a description of identified sites and their existing uses and include an analysis demonstrating the potential for additional development on nonvacant sites. The element should analyze the extent that existing uses may impede additional residential development. It can summarize past
experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market
conditions in the Town and relate those trends to the sites identified. The element could
also consider indicators such as age and condition of the existing structure expressed developer or property owner interest, existing versus allowable floor area, low improvement to land value ratio, and other factors. The element should also address public comments about the feasibility of individual sites.
In addition, since nonvacant sites accommodate 50 percent or more of the lower-income need, the housing element must describe “substantial evidence” that the existing use does not constitute an impediment for additional residential use on the site. Absent findings (e.g., adoption resolution) based on substantial evidence, the existing
uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 5 November 10, 2022
Finally, the element identifies sites with existing residential uses. Absent a replacement housing policy, these sites are not adequate sites to accommodate lower-income households. The replacement housing policy has the same requirements as set forth in Government Code section 65915, subdivision (c) (3).
AB 725: To be incompliance, the element should demonstrate that at least 25 percent of moderate-income units will be in areas zones for at least four units, but not more than 100 units per acre. And that at least 25 percent of above moderate-income units will be located in areas zoned for at least four units of housing per parcel.
Infrastructure: The element should clarify that the Town has sufficient existing and planned total water capacity to accommodate the RHNA. Small Sites: Sites smaller than a half-acre in size are deemed inadequate to
accommodate housing for lower-income housing unless it is demonstrated that sites of
equivalent size and affordability were successfully developed during the prior planning period or unless the housing element describes other evidence to HCD that the site is adequate to accommodate lower-income housing. (Gov. Code, § 65583.2, subd. (c)(2)(A).) The element lists small sites but must also evaluate whether those sites are
suitable to accommodate housing for lower income households and add or modify
programs as appropriate. For example, the element could list past consolidations by the number of parcels, number of owners, zone, number of units, affordability and circumstances leading to consolidation and then relate those trends to the identified sites or could explain the potential for consolidation on a site-by-site basis.
Environmental Constraints: While the element mentions various environmental conditions, it should also discuss whether those conditions impact or preclude development on identified sites. This discussion should address any other known conditions and impacts on identified sites (shape, easements, conditions, compatibility)
as well as public comments on identified sites (e.g., creeks).
Accessory Dwelling Units (ADUs): The element notes 27 ADUs were permitted in 2020 and 46 in 2021. However, HCD records (annual progress reports) indicate permitted ADUs of 12 in 2018, 20 in 2019, 9 in 2020 and 34 in 2021. The Town should reconcile
these figures and adjust assumptions as appropriate (e.g., 20 ADUs per year). In addition, the Town’s ADU ordinance may require amendment to comply with ADU law. Zoning for a Variety of Housing Types:
• Emergency Shelters: The element should clarify by right is without discretionary action, discuss acreage, potential for a shelter including reuse, proximity to transportation and services and areas/sites are not in areas unfit for human habitation (discuss other allowed uses). Also, list and analyze development
standards and analyze whether parking requirements comply with
AB139/Government Code section 65583, subdivision (a)(4)(A) or include a program to comply with this requirement.
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 6 November 10, 2022
• Transitional and Supportive Housing: The element should clarify that transitional and supportive Housing is allowed in all zones allowing residential, including mixed use, and clearly identify the capacity limit as a constraint and specifically commit to removing this constraint in Program 7.1e.
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), upon adoption of the housing element, the Town must submit an electronic version of the sites inventory with its adopted housing element to sitesinventory@hcd.ca.gov. Please note, the Town must utilize standards, forms, and definitions adopted by HCD
when preparing the sites inventory. Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/community-development/housing-element/index.shtml#element for a copy of the form and instructions. The Town can reach out to HCD at sitesinventory@hcd.ca.gov for technical assistance.
4. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures... (Gov. Code, § 65583, subd.
(a)(5).). Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental
housing, mobilehomes, transitional housing). In particular, the element should address
heights, setbacks and parking and add specific commitment to address constraints. The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. The analysis should also describe past or current efforts to remove
identified governmental constraints.
Fees and Exaction: While the element includes entitlement, building and impact fees, it must also include planning fees. The element must describe all required fees for single family and multifamily housing development, including planning fees (e.g., general plan
amendment, rezone, conditional use permit, variance), and analyze their impact as
potential constraints on housing supply and affordability. Building Codes and Code Enforcement: The element must clarify which building and zoning code is enforced, including any local amendments to the building code, and
analyze their impact as potential constraints on housing supply and affordability.
Processing and Permit Procedures: The element should describe and analyze the total permit and entitlement process for a typical single-family unit and multifamily development. The analysis should address typical processes for a development that
complies with zoning, time to complete entitlements, decision-making body, number of
hearing and approval findings. The analysis should address impacts on cost, timing, feasibility and approval certainty.
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 7 November 10, 2022
In addition, the Planned Development process should be evaluated as a potential constraint, including whether the process is required, presence or lack of fixed development standards and any other relevant factors for impacts on housing cost, timing, feasibility and approval certainty.
SB 35 Streamlined Ministerial Approval Process: The element must identify and analyze written procedures for the SB 35 Streamlined Ministerial Approval Process and add a program if necessary.
Housing for Persons with Disabilities: The element describes the Town currently has a
procedure for requesting and granting a reasonable accommodation for persons with disabilities; however, the element should also describe and evaluate approval findings and the process for providing reasonable accommodations. The element should also include an evaluate the definition of family used in zoning and land use. In addition, the
Town should clarify where and how group homes of 7 or more persons are permitted
and, based on this analysis, modify Program 7.1.h with specific commitment to revise zoning and procedures to permit with objective standards to facilitate approval certainty similar to other residential uses.
Inclusionary Requirements: The element mentions some research on inclusionary
requirements and concludes the requirement is not a constraint, but it must also describe and analyze the Town’s inclusionary housing requirements, including its impacts as potential constraints on the development of housing for all income levels. The analysis must evaluate the inclusionary policy’s implementation framework, including levels of mandated affordability and the types of options and incentives offered
to encourage and facilitate compliance with the inclusionary requirements. The Town could engage the development community to facilitate this analysis.
Zoning Fees and Transparency: The element must list all fees and clarify its compliance
with new transparency requirements for posting all zoning and development standards,
and fees for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1). 5. An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the availability
of financing, the price of land, the cost of construction, the requests to develop housing
at densities below those anticipated in the analysis required by subdivision (c) of
Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that
housing development that hinder the construction of a locality’s share of the regional
housing need in accordance with Government Code section 65584... (Gov. Code,
§ 65583, subd. (a)(6).) Identified Densities and Approval Times: The element must address requests to
develop housing at densities below those anticipated in the sites inventory and the
length of time between receiving approval for housing development and submittal of
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 8 November 10, 2022
application for building permits. The analysis must address any hinderances on housing
development and programs should be added as appropriate. Land Cost and Availability of Financing: The element must include an estimate of the average cost or the range of costs per acre for single family and multifamily
development and available housing financing, including private financing and
government assistance programs generally available in the community. C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period,
each with a timeline for implementation, which may recognize that certain programs are
ongoing, such that there will be beneficial impacts of the programs within the planning
period, that the local government is undertaking or intends to undertake to implement
the policies and achieve the goals and objectives of the Housing Element. (Gov. Code,
§ 65583, subd. (c).) Programs must be revised to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables,
measurable metrics or objectives, definitive deadlines (month, year), dates, or
benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. Examples of programs that should be revised with discrete timing include Programs 6.1.d (Parking Standards for Different Housing Types) and 6.3.b (Accessory Dwelling Unit Regulations).
In addition, examples of programs that should be revised with specific commitment include Programs 1.1.a (Capital Improvement Program), 2.1.a (Downtown Specific Plan), 2.1.b (New Mixed-Use Developments), 6.1.b (Funding Sources to Support Affordable Housing Development), 6.1.d (Parking Standards for Different Housing
Types), 6.1.e (Waive Processing Fees for Multifamily Lot Consolidations), 6.3.b
(Retention of Affordable Rental Units), 6.3.c (ADU Fee Reductions), 7.1.b (Developmentally Disabled), 7.1.c (Larger Units), 7.1.e (Transitional and Supportive Housing Regulations), 8.1.b (Lot Consolidation and Redevelopment of Nonvacant Sites), and 8.2.a (Building Height).
2. Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the
inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and
to comply with the requirements of Government Code section 65584.09. Sites shall be
identified as needed to facilitate and encourage the development of a variety of types of
housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room
occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583,
subd. (c)(1).)
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 9 November 10, 2022
As noted in Finding B3, the element does not include a complete site analysis;
therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Program 10.3.a (Zoning to Accommodate RHNA): The program appears to commit to rezoning to accommodate a shortfall for the 6th cycle housing element. If so, this program must be revised to identify minimum acreage, commitment to appropriate development standards to facilitate maximum densities and meet all by requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example,
the program should commit to residential only performance standards and to permit owner-occupied and rental multifamily residential use by-right (without discretionary action) for developments in which at least 20 percent of the units are affordable to lower-income households during the planning period.
Programs 6.1.e and 8.1.b (Lot Consolidation): The element is relying on the consolidation of several small lots. The element includes these programs to encourage lot consolidation; however, the program must specifically commit to outcomes beyond reviewing, considering and exploring. This is particularly important given the lack of
implementation in the prior planning period. In addition, Program 8.1.b should commit to
a minimum menu that will be considered beyond fees to encourage lot consolidations such as expedited review, financial assistance and modification of development standards and density beyond State Density Bonus Law.
Program 7.1.g (Homeless Shelter Regulations): The program currently commits to
review and amend regulations where necessary. However, the element should review the regulations as part of this update and based on the outcomes of a complete analysis as noted in Finding B3, the program should specifically identify and commit to revise regulations such as parking or other development standards.
Program 8.1.c (By-right for Prior Housing Sites): The program should commit to permit residential uses by right pursuant to Government Code section 65583.2, subdivision (i) at appropriate densities (e.g., at least up to 30 units per acre).
3. The Housing Element shall contain programs which assist in the development of
adequate housing to meet the needs of extremely low-, very low-, low- and moderate-
income households. (Gov. Code, § 65583, subd. (c)(2).) Assist in Development Programs: The element must include a program(s) with specific
actions and timelines to assist in the development of housing for extremely low-, very low-, low-, and moderate-income households, including specific actions to assist housing for persons with special needs (e.g., farmworkers, elderly, homeless and persons disabilities, including developmental). The program should commit the Town to annual outreach with affordable developers to identify development opportunities and
further assist through actions such as adopting priority processing, granting fee waivers or deferrals, granting concessions and incentives for housing developments (beyond
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 10 November 10, 2022
density bonus law) that include units affordable to lower and moderate-income
households; assisting and supporting or pursuing funding applications. 4. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with
disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for occupancy by, or with
supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding(s) B4 and B5, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints.
5. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B2, the element must include a complete assessment of fair
housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions
must have specific commitment, metrics, milestones, and geographic targeting as
appropriate and must address housing mobility enhancement (more choices and affordability across geographies), new housing choices and affordability in higher opportunity and income areas (e.g., missing middle housing types), place-based strategies for community preservation and revitalization and displacement protection.
Housing mobility and new opportunities in higher resource areas should not be limited
to the RHNA and, instead, target meaningful change in terms of fair housing issues. 6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent... (Gov. Code, § 65583, subd. (c)(7).)
The element includes Program 6.3.c to promote the development of ADU’s and reduce the cost; however the program should commit rather than “consider” reducing development impact fees for all ADU’s. In addition, the program should include additional incentives and monitoring production and affordability every two years in the
planning period with alternative actions. In addition, based on a cursory review, the Town’s ADU ordinance does not comply with ADU law. As a result, Program 6.3.b should be revised with a discrete timeline for amending the ordinance (e.g., within six months upon HCD review). HCD will send a
review letter under separate cover related to the ADU ordinance.
Town of Danville’s 6th Cycle (2023-2031) Draft Housing Element Page 11 November 10, 2022
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed,
rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1
& 2).)
While the element includes quantified objectives for new construction (p. H-33), it must also include rehabilitation and conservation objectives by income group.
E. Public Participation
The local government shall make a diligent effort to achieve public participation of all
economic segments of the community in the development of the housing element, and the
program shall describe this effort. (Government Code 65583(c)(7))
While the element includes a summary of the public participation process, the element should also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element could describe the efforts to circulate the housing element among low- and moderate-income households and
organizations that represent them and to involve such groups and persons in the element
throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element. For example, the element should address public comment received by HCD related to environmental and government constraints and site feasibility and discuss how comments
were incorporated into the element.
F. General Plan Consistency
In construing the provisions of this article, the Legislature intends that the general plan and
elements and parts thereof comprise an integrated, internally consistent and compatible
statement of policies for the adopting agency (Government Code Section 65300.5). The element should add a discussion of how consistency was achieved and will be
maintained throughout the planning period.
HOUSING OPPORTUNITY SITES
PRESENTED TO: DANVILLE PLANNING COMMISSION DECEMBER 13, 2022
Also available at www.danvilletowntalks.org/housingelement
SUMMARY OF RECOMMENDED
ATTACHMENT D
EXECUTIVE SUMMARY
In accordance with state law enacted in 1969, the Town of Danville - along with all California cities and counties - must update its Housing Element every eight years.
The Housing Element identifies where and how Danville will accommodate the housing needs for
people of all income groups. For the upcoming 2023-2031 planning period, the Town is expected to accommodate a minimum of 2,241 new homes, regardless of available land capacity. The Town must also demonstrate how these units are accommodated across a range of affordability
levels (see below) and be mindful of the “No Net Loss Law” (Government Code § 65863) which requires
communities to maintain enough sites in their inventory for the entirety of the 8-year planning period. Therefore, after incorporating a recommended 15% buffer and taking into consideration the Town’s existing undeveloped residential land inventory, Danville must find sufficient sites to accommodate
1,824 net new residential units in the 2023-2031 planning cycle, as illustrated below.
Income Category % of Area Median Income (AMI) Contra Costa Household Income1 (max) RHNA Housing Assignment
Very Low ≤ 50% $65,250 652 units
Low 51-80% $104,400 376 units
Median Income 100% $119,200 {reference point}
Moderate 81-120% $143,050 338 units
Above Moderate > 120% >$143,050 875 units
RHNA Assignment: 2,241 units
Recommended 15% Buffer2: 336 units
Less Existing Inventory3: (753) units
Net New Housing Units to be Accommodated (remaining RHNA obligation): 1,824 units
Note 1: Maximum income is based on an Area Median Income (AMI) of $119,200 for a family of four in Contra Costa County 2020, as determined by the U.S. Department of Housing and Urban Development (HUD). Note 2: In response to the No Net Loss Law, a 15% “buffer” is recommended to help ensure sufficient land inventory for the entirety of the 8-year planning period. Note 3: Existing inventory = number of potential residential units that could be accommodated by undeveloped residential lands in Danville. These lands have lower density land use designations, which are only qualified to accommodate ‘moderate’ and ‘above moderate’ income units. Housing Sites Inventory
While a community is still permitted to identify where its RHNA assignment could be accommodated, state laws now govern what sites are eligible. As such, all recommended sites are subject to the State’s review and approval. Consequently, the recommended sites contained in this summary booklet are compiled based on initial feedback from California Department of Housing and Community
Development (State HCD).
What This Means for Identified Sites Under current state law, cities are not required to build housing units. Rather, the Town is only required to identify the most appropriate sites for potential housing development (through the Housing Sites
Inventory) and to ensure that they lands are able to accommodate all units “by right.”
Whether actual housing would be constructed is driven purely by the private market. If a site is ultimately adopted as a Housing Opportunity Site, the current land use can continue until the property owner chooses to develop the land. In summary, identifying a property as a Housing Opportunity Site:
• Does not require property owners to do anything to their property. • Does not require the Town to physically construct housing.
KEY MAP
Page 5
SITE: A (510 AND 520 La Gonda Way)
Address: 510 and 520 La Gonda Way Acreage: 3.01 gross / 2.44 net
Owner(s): Town of Danville; Danville & Hall, 1700 Investors, LLC General Plan: Commercial - Limited Office
APN: 200131005, 200052004 Zoning: O-I; Limited Office District
Current Use: Municipal Town Offices, Office Surrounding Uses: North: Office
South: Office
East: I-680
West: Single Family
Opportunities: • Physical features of the properties including relatively large size, regular shape, absence of slope instability, etc.
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools. • Age of improvements and presence of relatively low floor area ratios (FARs) indicate a high potential for significant economic return. • Properties could reasonably develop either individually or jointly.
• Current and prior property owners have expressed interest for the property to be considered for multiple family residential land use designation.
Constraints: Existing and occupied building at 520 La Gonda Way.
Page 6
SITE: B (St. Isidore’s Church, Upper Parking and Field)
Address: 455 La Gonda Way Acreage: 6.87 gross / 4.33 net
Owner(s): Roman Catholic Bishop Oakland General Plan: Commercial - Limited Office
APN: 200152008 Zoning: O-I; Limited Office District
Current Use: Church/school and affiliated parking Surrounding Uses: North: El Cerro Blvd
South: Church/School
East: Office/Multi-Family
West: San Ramon Creek
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools.
• Age of improvements and/or the presence of relatively low floor area ratios (FARs) indicate a high potential for significant economic return.
• Properties could reasonably develop either individually or jointly.
• Property owner has previously submitted and received approval for a multi-family residential senior project.
Constraints: • Location of the creek along its western border would reduce its developable acreage and limit improvements to the eastern portion of the site.
• Vehicular access to the site through existing private school.
Page 7
SITE: C (Darby Plaza)
Address: 425 El Pintado Road Acreage: 3.16 gross / 2.24 net
Owner(s): Curtis TRE & Darby TRE General Plan: Commercial - Limited Office
APN: 200040012 Zoning: O-I; Limited Office District
Current Use: Office Surrounding Uses: North: Single family
South: El Cerro Boulevard
East: Single family
West: I-680
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools.
• Building’s age, extreme underutilization, and relatively low floor area ratios (FARs) indicate a high potential for significant economic return.
• Current property owner has written a letter expressing support for multifamily housing
for this site.
Constraints: • Site is encumbered with drainage easements and had development rights for the north and west portions
of the property dedicated to Contra Costa County (became Town’s with incorporation). • Proximity to I-680 creates limitations
project’s vehicular entry.
Page 8
SITE: D (Fountainhead Montessori)
Address: 939 El Pintado Acreage: 1.63 gross / 1.01 net
Owner(s): Lindl and Zimmerman General Plan: Commercial – Limited Office
APN: 200020010 Zoning: O-I; Limited Office District
Current Use: Childcare facility Surrounding Uses: North: Single family, senior care facility
South: I-680
East: Single family
West: Multi-family
Opportunities: • Physical features of the properties (relatively large size, regular shape,
absence of slope instability, etc.).
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools.
• Relatively low floor area ratios (FARs) indicate a high potential for significant economic return.
• Multi-family housing on similar parcel across El Pintado Road is indicative of both
land use and economic viability.
Constraints: Eastern portion of site is steep and not readily develop-able.
Page 9
SITE: E (400 El Cerro Medical Center)
Address: 400 El Cerro Boulevard Acreage: 1.26 gross and net
Owner(s): 400 El Cerro Blvd / El Cerro Holdings LLC & Nearon Enterprises LLC General Plan: Commercial – Limited Office
APN: 200140016 Zoning: O-I; Limited Office District
Current Use: Office Surrounding Uses: North: El Cerro Boulevard
South: Multi-family
East: Assisted living facility
West: Office
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools. • Relatively low floor area ratios (FARs)
indicate a high potential for significant economic return for multi-family uses similar to those recently approved on an adjacent parcel.
Constraints: • Site consists of two triangular pieces that may challenge redevelopment efficiencies which can be offset by podium parking that could fit well into northeast corner of the site because it sites approximately 10 feet below surrounding street grade.
• Proximity to I-680 creates limitations for placement of the vehicular entry, likely requiring access off West El Pintado Road.
Page 10
SITE: G (North Hartz and Railroad Avenues)
Addresses: 111, 115, 127, 145, 171, 179, 195 Hartz Avenue; 70 and 80 Railroad Avenue; 112 W. Linda Mesa Ave.
Acreage: 2.76 gross
Owner(s): Town of Danville, Oroville Property LLC, Reyes TRE, JKDSQ LLC, 145 Hartz LLC, SSN Inv., Inc., Bates TRE, Wong, Achf Kaplan, Hirsch TRE, DeOliveira TRE
General Plan: Downtown Master Plan
APN: 199330009, 199330010, 199330027, 199330035, 199330055, 199330056, 199330058, 199330063, 199330064, 199330065, 199330067
Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Restaurant, Retail, Office, Gas Station, Service Commercial, Personal Service Surrounding Uses: North: High school, commercial
South: Commercial
East: Commercial
West: Commercial
Opportunities: • Physical features of the properties (regular shape, absence of slope instability, etc.).
• Proximate access to infrastructure, downtown, transit, job centers, public services, high performing schools.
• Ability for the properties to reasonably develop either in pairs or in groupings.
• Current or prior expressed interest of some of the affected property owners to be considered for multiple family residential land use designation.
Constraints: Efficient redevelopment would necessitate assembly of 2-3 parcels, which can be facilitated by the Town of Danville’s parcel at the intersection of Hartz and Railroad Avenues.
Page 11
SITE: H (Northeast Hartz Avenue)
Address(es): 100, 110, 120, 130, 150, 180 Hartz Avenue Acreage: 1.87 gross / 1.01 net
Owner(s): Adler TRE, Forward Land Company, Finlayson TRE, Jones TRE General Plan: Downtown Master Plan
APN: 200190024, 200190023, 200190028, 200190018, 200190017, 200190021, 200190010
Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Restaurant, Retail, Service Commercial Surrounding Uses: North: Creek
South: Commercial
East: Commercial
West: Commercial
Opportunities: • Physical features of the properties (regular shape, absence of slope instability, etc.).
• Within downtown and access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably develop either in pairs or in groupings. • Current or prior owners expressed interest of some of the affected property owners to be considered for multiple family residential land use designation.
Constraints: Efficient redevelopment of the northerly sites would necessitate assembly of 2 parcels.
Page 12
SITE: I (Rose Street)
Address(es): 344 Rose Avenue Acreage: 0.40 gross
Owner(s): Bansal TRE, Ritz Royalty Group LLC General Plan: Downtown Master Plan
APN: 200200017 Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Medical Offices Surrounding Uses: North: San Ramon Creek
South: Municipal parking
East: Commercial, Apartments
West: Commercial, Office
Opportunities: • Located withing the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools. • Redevelopment could emulate mixed use property (ground floor commercial with upper story residential) on the adjacent parcel.
Constraints: Top of creek bank is currently encumbered by setback zones.
Page 13
SITE: J (Beverages & More)
Address(es): 155 Diablo Road Acreage: 1.01 gross and net
Owner(s): Ong & Close General Plan: Downtown Master Plan
APN: 208010023 Zoning: Downtown Business District (DBD) - Area 11 Special Opportunity District
Current Use: Retail Surrounding Uses: North: Diablo Road
South: Commercial
East: Front Street
West: Commercial
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Located within the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Age of the building with relatively low floor area ratios (FARs) indicate a high potential for significant economic return for multi-family may be secured with substantial increase in FAR.
Constraints: Redevelopment requires a change to land use and zoning requirement to necessitate a land use permit to establish residential uses on the ground floor in this Downtown Business (DBD) district.
Page 14
SITE: K-1 (Diablo Road Office Buildings)
Address(es): 315, 319 Diablo Road; Front Street Acreage: 4.07 gross
Owner(s): Montair Associates, Riele TRE General Plan: Downtown Master Plan
APN: 216120028, 216120042, 216120043, 216120029 Zoning: Downtown Business District (DBD) - Area 6 Offices
Current Use: Office, Parking Lot Surrounding Uses: North: Diablo Road
South: San Ramon Creek
East: Office
West: Front Street
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Located within the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Age of the buildings with relatively low floor area ratios (FARs) indicate a high potential for significant economic return for multi-family may be secured with substantial increase in FAR.
Constraints: Southern boundary of site overlaps with San Ramon Creek. Development will have to accommodate creek access easement requirement by reducing the development envelope, which is feasible and consistent with other developments with this condition.
Page 15
SITE: K-2 (Danville Court Apartments/Janlois)
Address(es): 363 Diablo Road Acreage: 2.12 gross / 1.62 net
Owner(s): JANLOIS PARTNERS LP General Plan: Downtown Master Plan
APN: 216120012, 216120015 Zoning: Downtown Business District (DBD) - Area
6 Offices
Current Use: Multifamily Residential Surrounding Uses: North: Diablo Road
South: San Ramon Creek
East: Office and Multi-family
West: Office
Opportunities: • Physical features of the properties (relatively large size, regular shape, absence of slope instability, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Age of the buildings with relatively low floor area ratios (FARs) indicate a high potential for significant economic return for multi-family may be secured with substantial increase in FAR.
• Redevelopment viability illustrated by adjacent Alexan Riverwalk project located to the east, which was one of two RHNA shortfall sites identified in the Danville 2015-2022 Housing Element.
Constraints: Southern boundary of site overlaps with San Ramon Creek and similar to the adjacent Alexan Riverwalk apartment project, site redevelopment would need to provide for creek maintenance access.
Page 16
SITE: L-1 (Diablo, Rose and Front Street Commercial)
Address(es): 254, 268 and 290 Rose Street, 199 E. Linda Mesa Avenue, 67, 77 and 85 Front Street Acreage: 1.95 gross
Owner(s): Weller Comm, McMahon, Glockner TRE, Tamarack Gold Legacy LLC, Madrid General Plan: Downtown Master Plan
APN: 200211016, 200211005, 200211025 200211007, 200211017, 200211018, 200211027
Zoning: Downtown Business District (DBD) - Area 2 Old Town Retail Transition and Area 4 – Resident Serving Commercial
Current Use: Personal Service, Commercial Service, Restaurant Surrounding Uses: North: Commercial, San Ramon Creek
South: Commercial
East: Front Street
West: Commercial, Rose Street
Opportunities: • Physical features of the properties (range of small to medium sized properties, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably develop in groupings of 3-4 (or more) properties.
• Potential for significant economic return with substantial increase in FAR and the replacement of older properties.
Constraints: Efficient redevelopment of the site would
necessitate aggregation of 2 or more parcels.
Page 17
SITE: M (185 Front Street Professional Building/Duggan)
Address(es): 185 Front Street Acreage: 0.70 gross
Owner(s): Duggan TRE General Plan: Downtown Master Plan
APN: 208022036 Zoning: Downtown Business District (DBD) - Area 3 Old Town Mixed Use
Current Use: Office Surrounding Uses: North: Front Street
South: Commercial (Retail/Restaurant)
East: Municipal building (Town Meeting Hall)
West: Municipal parking lot
Opportunities: • Physical features of the properties (relatively large size and regular shape, absence of slope instability, etc.).
• Located in the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably develop with potential for significant economic return with substantial increase in FAR and the replacement of an older building, as evidenced by the recent redevelopment of 600 Hartz Avenue, located approximately ¼-mile southeast of the site. Property owner has indicated interest in submitting the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element.
Constraints: Occupied office building. Would access from Front Street.
Page 18
SITE: N (Crossroads Shopping Center)
Address(es): 480 and 486 San Ramon Valley Boulevard Acreage: 3.15 gross
Owner(s): Danville Garden Shopping Center and Toland, McColm General Plan: Downtown Master Plan
APN: 216101002, 216101001 Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Retail, Restaurant, Personal Services Surrounding Uses: North: Hartz Way
South: Iron Horse Trail
East: Commercial/Multi-family
West: San Ramon Valley Boulevard
Opportunities: • Physical features of the properties (relatively large size and regular shape, absence of slope instability, etc.).
• Located in the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools. • Ability for the properties to reasonably redevelop jointly or as a single parcel with potential for significant economic return with substantial increase in FAR. • Property owner has indicated interest in submitting the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element.
Constraints: Redevelopment of just the southern parcel necessitate security of an access easement across the northern parcel.
Page 19
SITE: O (Southwest corner of SRVB and Sonora)
Address(es): 509, 515, 519, 535 San Ramon Valley Boulevard Acreage: 0.96 gross
Owner(s): Simmons TRE and Verhoek, ACHF Kaplan LP, Elwood Carnegie LLC, Joven Investments Danville LLC
General Plan: Downtown Master Plan
APN: 208043022, 208043024, 208043025, 208043020, 208043021 Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Support parking, Service Commercial, Restaurant Surrounding Uses: North: Sonora Avenue
South: Commercial
East: San Ramon Valley Boulevard
West: Preschool, Residential
Opportunities: • When considered in aggregate, the physical features of the properties (relatively large size and regular shape, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably redevelop jointly or as a single parcel with potential for significant economic return with substantial increase in FAR.
Constraints: Efficient redevelopment of the site would
necessitate aggregation of 2 or more parcels.
Page 20
SITE: P-1 (San Ramon Valley Blvd and Oak Court)
Address(es): 554 and 588 San Ramon Valley Boulevard Acreage: 1.45 gross
Owner(s): Rey TRE, Cal-North Properties LLC and
Sherman Properties General Plan: Downtown Master Plan
APN: 216090019, 216090023 Zoning: Downtown Business District (DBD) - Area 6 Offices
Current Use: Retail, Restaurant, Service Commercial Surrounding Uses: North: Commercial
South: Commercial
East: Office
West: San Ramon Valley Boulevard
Opportunities: • Physical features of the properties (relatively large size and regular shape, absence of slope instability, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably redevelop jointly or as a single parcel with potential for significant economic return with substantial increase in FAR.
Constraints: Development would likely necessitate aggregation of the two parcels.
Page 21
SITE: P-2 (Bank of America)
Address(es): 620 San Ramon Valley Boulevard Acreage: 0.83 gross
Owner(s): VSA Investments North Bay LLC and B of A General Plan: Downtown Master Plan
APN: 216080074 Zoning: Downtown Business District (DBD) - Area 10
Current Use: Financial Office Surrounding Uses: North: Commercial
South: Commercial
East: Multi-family
West: San Ramon Valley Boulevard
Opportunities: • Physical features of the property (relatively large size and regular shape, absence of slope instability, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Potential for significant economic return with substantial increase in FAR and replacement of relatively older service commercial and office space.
Constraints:
Page 22
SITE: Q (San Ramon Valley Blvd, Estates to Town & Country)
Address(es): 551, 555, 571, 577 San Ramon Valley Boulevard; 10 and 30 Town & Country Drive Acreage: 1.45 gross
Owner(s): Gagnon Center LLC, Hill TRE, Offenhartz TRE, No Cal Rental Group LLC, Gallagher TRE, Bloch TRE
General Plan: Downtown Master Plan
APN: 208044017, 208044018, 208044015, 208051009, 208051011, 208051010 Zoning: Downtown Business District (DBD) - Area 4 Resident Serving Commercial
Current Use: Office Surrounding Uses: North: Commercial
South: Commercial
East: San Ramon Valley Boulevard
West: Single family
Opportunities: • When considered in aggregate, physical features of the properties (range of small to medium sized properties, absence of slope, etc.).
• Location close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably develop in groupings of 3-4 (or more) properties. Potential for significant economic return with substantial increase in FAR and the replacement of older
commercial properties.
Constraints: Efficient redevelopment of the site would
necessitate aggregation of 2 or more parcels.
Page 23
SITE: R-1 (Wells Fargo)
Address(es): 585 San Ramon Valley Boulevard Acreage: 0.69 gross
Owner(s): General Plan: Downtown Master Plan
APN: 208060029 Zoning: Downtown Business District (DBD) - Area 7 Retail
Current Use: Financial Office Surrounding Uses: North: Town & Country Drive
South: Private parking
East: San Ramon Valley Boulevard
West: Commercial
Opportunities: • Physical features of the property (relatively large size and regular shape, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the property to reasonably develop either as a single large development or in part.
• Potential for significant economic return with substantial increase in FAR and replacement of relatively older service
commercial and office space.
Constraints: Occupied building.
Page 24
SITE: R-2 (Town & Country Shopping Center)
Address(es): 589, 607, 609, 615 San Ramon Valley Boulevard Acreage: 4.71 gross
Owner(s): La Jolla Development Company General Plan: Downtown Master Plan
APN: 208060058, 208060057, 208060055, 208060056, 208060059 Zoning: Downtown Business District (DBD) - Area 7 Retail
Current Use: Retail, Parking Lot Surrounding Uses: North: Town & Country Drive
South: Commercial
East: San Ramon Valley Boulevard
West: Commercial
Opportunities: • Physical features of the property (relatively large size and regular shape, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the property to reasonably develop either as a single large development or in part.
• Potential for significant economic return with substantial increase in FAR and replacement of relatively older service commercial and office space.
Constraints: Occupied buildings
Page 25
SITE: S (The Village Shopping Center)
Address(es): 107-A Town & Country Drive Acreage: 3.89 gross
Owner(s): Blake Griggs General Plan: Downtown Master Plan
APN: 208060053 Zoning: Downtown Business District (DBD) - Area 7 Retail
Current Use: Shopping Center Surrounding Uses: North: Town & Country Drive
South: Commercial
East: San Ramon Valley Boulevard
West: Office
Opportunities: • Physical features of the property (relatively large size and regular shape, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the property to reasonably develop as a single large development or in part. Potential for significant economic return with substantial increase in FAR and replacement of relatively older service commercial and office space.
• Property owner has written a letter of interest in submitting the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element.
Constraints:
Redevelopment would necessitate buffering or a transition from single family
neighborhoods to the west and south.
Page 26
SITE: T (Danville Bowl)
Address(es): 200 Boone Court Acreage: 1.62
Owner(s): Glen Arms Estates Inc, Eppler General Plan: Downtown Master Plan
APN: 216080072, 216080004 Zoning: Downtown Business District (DBD) - Area 7 Retail
Current Use: Service Commercial Surrounding Uses: North: Multi-family
South: Commercial
East: I-680
West: Multi-family, gas station
Opportunities: • Physical features of the properties (relatively large size in aggregate and regular shape, absence of slope, etc.).
• Located close to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably redevelop jointly or as a single parcel with potential for significant economic return with substantial increase in FAR.
• Property owner has indicated interest in submitting the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element.
Constraints:
Page 27
SITE: U (Office Buildings and Gas Station)
Address(es): 744, 760, 770, 780 San Ramon Valley Boulevard Acreage: 1.74 gross
Owner(s): Sartip, Baroumand, Bute Dev LLC, R&P Ventures, Costello, 790 SRVB LLC General Plan: Commercial – Limited Office
APN: 207012001, 207012007, 207012008, 207012009, 207012010 Zoning: O-I; Limited Office District
Current Use: Office Surrounding Uses: North: Sycamore Valley Road
South: Office
East: I-680 on-ramp
West: San Ramon Valley Boulevard
Opportunities: • Physical features of the properties (relatively large size in aggregate and regular shape, absence of slope, etc.).
• Located proximate to the downtown with access to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the properties to reasonably redevelop jointly or as a single parcel with potential for significant economic return with substantial increase in FAR and replacement of older buildings.
Constraints: Efficient redevelopment of the site would
necessitate aggregation of 2 or more parcels.
Page 28
SITE: W (Sloat Nursery)
Address(es): 828 Diablo Road Acreage: 2.72 gross
Owner(s): Parsons & Parsons General Plan: Residential - Single Family - Low Density (1 to 3 dus/ac)
APN: 196270029 Zoning: R-15; Single Family Residential District
Current Use: Plant nursery Surrounding Uses: North: El Cerro Boulevard
South: Single family
East: Diablo Road
West: Single family
Opportunities: • Physical features of the property (relatively large size and regular shape, absence of visual slope instability, etc.).
• Location with access to infrastructure, downtown, transit, job centers, public services, and high performing schools
• Ability for the property to reasonably redevelop with potential for significant economic return with substantial increase in FAR and conversion of underutilized site.
Constraints: Vehicular access may be a challenge proximate to the intersection of Diablo Road
and El Cerro Boulevard.
Page 29
SITE: X (Wood Ranch Headquarters)
Address(es): 2900 Camino Tassajara Acreage: 8.0 gross
Owner(s): Wood, Wood and Company General Plan: Mixed Use
APN: 217040021 Zoning: P-1; Planned Unit Development District
Current Use: Historic Headquarters for Wood Ranch Surrounding Uses: North: Camino Tassajara
South: Single family
East: Single family
West: Single family
Opportunities: • Physical features of the property (large size and regular shape, absence of visual slope instability or erosion, etc.).
• Location proximate to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the property to reasonably redevelop with potential for significant economic return with substantial increase in FAR and conversion of underutilized site.
• Property owner has indicated interest in submitting a portion of the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element.
Constraints:
Page 30
SITE: Y (Fostoria Way/Seacrest TRE & 3420 Fostoria Way LLC)
Address(es): 3420 Fostoria Way Acreage: 1.75 gross / 1.45 net
Owner(s): Seacrest TRE & 3420 Fostoria Way LLC General Plan: Commercial - Light Industrial
APN: 218040043 Zoning: L-1; Light Industrial District
Current Use: Light Industrial Service Commercial Surrounding Uses: North: Single family
South: Controlled Manufacturing
East: Controlled Manufacturing
West: Multi-family
Opportunities: • Physical features of the property (large size and regular shape, absence of visual slope instability or erosion, etc.).
• Location proximate to infrastructure, downtown, transit, job centers, public services, and high performing schools. Ability for the property to reasonably redevelop with potential for significant economic return with substantial increase in FAR and conversion of underutilized site.
• Property owner has previously expressed interest in submitting the property for a multi-family residential land use designation as part of the 2023-2031 Housing Element
Constraints: Occupied building.
Page 31
SITE: Z (San Ramon Valley Unified School District Office)
Address(es): 699 Old Orchard Drive Acreage: 3.77 gross / 3.02 net
Owner(s): SRVUSD General Plan: Public and Semi-Public
APN: 216220008 Zoning: P-1; Planned Unit Development District
Current Use: SRVUSD Administrative Offices Surrounding Uses: North: Single family, HOA pool
South: Sycamore Valley Road
East: Single family
West: Church
Opportunities: • After accounting for a drainage easement, the physical features of the remaining property (large size/regular shape, absence of visual slope instability or erosion, etc.).
• Located proximate to infrastructure, downtown, transit, job centers, public services, and high performing schools.
• Ability for the property to reasonably redevelop with potential for significant economic return with substantial increase in FAR and conversion of underutilized site.
• Property owner has previously expressed interest in submitting the property for a multi-family residential land use designation.
Constraints: Drainage easement along the southern boundary of the site, likely reducing its development potential by approximately 20 percent.