HomeMy WebLinkAbout050223-06.6ADMINISTRATIVE STAFF REPORT 6.6
TO: Mayor and Town Council May 2, 2023
SUBJECT: Resolution No. 32-2023, approving Subdivision Map and Subdivision
Improvement Agreement for SD 9593, located at 600 Hartz Avenue (APN:
208-022-041)
BACKGROUND
On May 10, 2022, the Town Council adopted the Mitigated Negative Declaration of
Environmental Significance and approved a Condominium Subdivision Map -
Development Plan request DEV21-0013, Land Use Permit request LUP 22-0009, and Tree
Removal request TR 18-0026 and Conditions of Approval (Attachment C) allowing the
construction of a new 51,290 square feet two-story mixed-use building. The proposed
development includes 37 residential condominium units totaling 46,680 square feet, and
3,920 square feet of commercial retail space along the Hartz Avenue frontage. The site is
identified as 600 Hartz Avenue (APN: 208-022-041)
DISCUSSION
Plans identifying the improvements to be built have been completed and approved. All
Conditions of Approval have been satisfied and a Subdivision Improvement Agreement
with the appropriate securities has been submitted by the subdivider for approval.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. A copy of this
Administrative Staff Report has been sent to the subdivider.
FISCAL IMPACT
None, frontage improvements consist of remove and replace existing curb, gutter, and
sidewalk.
RECOMMENDATION
Adopt Resolution No. 32-2023, approving Subdivision Map and Subdivision
Improvement Agreement for SD 9593, located at 600 Hartz Avenue (APN: 208-022-041)
(M. Rusch)
Prepared by:
Mark Rusch
Civil Engineering Associate
Reviewed by:
ffil. illiams
Assistant Town Manager
Attachments: A - Resolution No. 32-2023
B -Subdivision Map
C - Subdivision Improvement Agreement
D - Location Map
E - Conditions of Approval
c: Subdivider: 600 Ventures, LLC, a Delaware Limited Liability Co.
3160 Crow Canyon #270
San Ramon, CA 94583
Engineer: CBG Civil Engineers Inc,
2633 Camino Ramon #350
San Ramon, CA 94583
Approving Subdivision Map, 2 May 2, 2023
Subdivision Improvement Agreement
SD 9593, 600 Hartz Avenue
DocuSign Envelope ID: 554B5710-A183-48B6-A8A0-E689BFD7D500
RESOLUTION NO. 32-2023
APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR SD 9593, LOCATED AT 600 HARTZ AVENUE
WHEREAS, the Danville Planning Commission previously approved the Mitigated
Negative Declaration of Environmental Significance and Condominium Subdivision
Map - Development Plan request DEV21-0013, Land Use Permit request LUP 22-0009
and the Tree Removal request TR 18-0026 (APN: 208-022-041) according to Resolution
2022-09; and
WHEREAS, 600 Ventures LLC., subdivider of said subdivision has requested the Town
of Danville approve said Subdivision Map and Subdivision Improvement Agreement;
and
WHEREAS, the Subdivision Map and Subdivision Improvement Agreement comply
with standards set forth in the California Subdivision Map Act and Danville Municipal
Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established
by the Town of Danville for the subject subdivision; and
WHEREAS, said subdivision lies within the corporate limits of the Town of Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are
consistent with the Town's General Plan; now, therefore be it
RESOLVED, that the Subdivision Map and Subdivision Improvement Agreement are
hereby approved and Town staff is hereby authorized and directed to execute the same
on behalf of the Town.
ATTACHMENT A
DocuSign Envelope ID: 554B5710-A183-48B6-A8A0-E689BFD7D500
APPROVED by the Danville Town Council at a regular meeting on May 2, 2023, by the
following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
U. •C
APPROVED AS TO FORM: ATTEST:
DocuSigneed by:
Ep-a• Gt(/0.5
40ADBF4BF
CITY ATTORNEY
CITY CLERK
PAGE 2 OF RESOLUTION NO. 32-2023
OWNER'S STATEMENT
THE UNDERSIGNED, BEING THE PARTIES HAVING A RECORD TITLE INTEREST IN THE LANDS
DELINEATED AND EMBRACED WITHIN THE EXTERIOR SUBDIVISION BOUNDARY LINES UPON THIS
MAP, DO HEREBY CONSENT TO THE MAKING AND RECORDATION OF THE SAME.
THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES:
1. AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER AND UPON THOSE CERTAIN AREAS OF
LAND DESIGNATED AND DELINEATED AS "PUE" (PUBLIC UTILITY EASEMENT) FOR THE
PURPOSE OF CONSTRUCTING AND MAINTAINING UNDERGROUND UTILITIES AND
APPURTENANCES THERETO.
2. AN EASEMENT FOR STORM DRAIN PURPOSES, INCLUDING THE RIGHT TO CONSTRUCT,
RECONSTRUCT, INSPECT, MAINTAIN, REPAIR, OPERATE, AND USE A CHANNEL, WHETHER
COVERED OR OPEN, PROTECTION WORKS, AND APPURTENANT STRUCTURES FOR THE
PURPOSE OF CONFINING THE WATER OF THE TOWN OF DANVILLE AND ITS TRIBUTARIES, TO
ENTER UPON SAID LAND WITH PERSONNEL, VEHICLES AND EQUIPMENT, TO REMOVE ALL
TREES AND VEGETATION THEREON THAT INTERFERE WITH THE PURPOSE FOR WHICH THE
EASEMENT HEREIN IN GRANTED, TO TAKE THEREFROM AND USE EARTH, ROCK, SAND, AND
GRAVEL FOR THE PURPOSE OF EXCAVATING, WIDENING, DEEPENING, AND OTHERWISE
RECTIFYING THE CHANNEL, AND FOR THE CONSTRUCTION, MAINTENANCE AND REPAIR OF
EMBANKMENTS, FENCING, PROTECTION WORKS, AND APPURTENANT STRUCTURES BY SAID
GRANTEE, ITS OFFICERS, AGENTS, AND EMPLOYEES, AND BY PERSONS UNDER CONTRACT
WITH IT AND THEIR EMPLOYEES WHENEVER AND WHEREVER NECESSARY FOR FLOOD
CONTROL OR STORM DRAINAGE PURPOSES. ALSO INCLUDED IS THE RIGHT TO INSTALL,
MAINTAIN OR REMOVE LANDSCAPING AND OTHER ENVIRONMENTAL IMPROVEMENTS.
THE EASEMENT HEREIN GRANTED INCLUDES THE RIGHT TO MAKE ANY NECESSARY EARTH
FILLS AND TO LOCATE OR RELOCATE EXISTING DRAINAGE PIPES OR STRUCTURES IN
CONNECTION THEREWITH ON LANDS OF GRANTOR LYING OUTSIDE SAID EASEMENT,
PROVIDED THAT AFTER SUCH FILL AND LOCATION OR RELOCATION IS COMPLETED THE
SAID LANDS OF GRANTOR WILL BE LEFT IN A NEAT AND ORDERLY CONDITION.
GRANTOR AGREES NOT TO FURTHER ENCUMBER OR INSTALL, PLACE OR CONSTRUCT OR
CAUSE TO BE INSTALLED, PLACED, OR CONSTRUCTED ANY PERMANENT STRUCTURE IN
OR ON THE HEREIN DESCRIBED PROPERTY WITHOUT PRIOR WRITTEN APPROVAL OF THE
GRANTEE.
3. THE AREAS OF LAND DESIGNATED AND DELINEATED AS "PAE" (PUBLIC ACCESS EASEMENT)
ARE RESERVED AS AN EASEMENT FOR THE PURPOSE OF PUBLIC PEDESTRIAN INGRESS
AND EGRESS.
4. THE AREAS OF LAND DESIGNATED AS "STORMWATER TREATMENT FACILITY EASEMENT" OR
"STFE" ARE FOR THE EXCLUSIVE PURPOSE TO COLLECT AND TREAT STORMWATER AND
THE RELATED IMPROVEMENTS AND APPURTENANCES ASSOCIATED WITH THE STORMWATER
TREATMENT FACILITY APPROVED ON THE STORMWATER CONTROL PLAN FOR THIS
PROPERTY, INCLUDING CONSTRUCTION, ACCESS AND MAINTENANCE FOR THESE
IMPROVEMENTS. THE CONSTRUCTION OF BUILDINGS, STRUCTURES, OR OTHER ACTIVITY
WHICH MAY INTERFERE WITH THE PERFORMANCE OF THE FACILITIES IS STRICTLY
PROHIBITED UNLESS SPECIFICALLY APPROVED BY THE CITY ENGINEER. IN ADDITION,
DEVELOPMENT RIGHTS AND ACCESS RIGHTS WITHIN SAID STFE ARE HEREBY DEDICATED TO
THE TOWN OF DANVILLE. ON—GOING MAINTENANCE WITHIN SAID STFE SHALL BE
PERFORMED BY THE PROPERTY OWNERS AS STATED IN THE RECORDED OPERATION AND
MAINTENANCE AGREEMENT AND PLAN.
THIS MAP SHOWS OR NOTES ALL THE EASEMENTS EXISTING OR OF RECORD WITHIN THE
BOUNDARY LINES OF THE HEREIN EMBODIED MAP AS SHOWN ON THE TITLE REPORT ORDER
NUMBER 98204974-982—SK—KC DATED MAY 17, 2022 PREPARED BY CHICAGO TITLE
INSURANCE COMPANY.
AS OWNER: 600 VENTURES, LLC, A DELAWARE LIMITED LIABILITY COMPANY
V.
NAME(PRINT):
TITLE:
DATE:
BY:
NAME(PRINT):
TITLE:
DATE:
JOB NO. 2480-010
SUBDIVISION 9593
FOR CONDOMINIUM PURPOSES CONSISTING OF 4 SHEETS
BEING A SUBDIVISION OF A PORTIONS OF LOTS 1, 2, 3, AND 13 IN
BLOCK 1, LOTS 1, 2, 3, AND 4 BLOCK 6, PORTION OF SCHOOL STREET
AND COUNTY ROAD ALL AS SHOWN ON THE MAP OF DANVILLE,
FILED AUGUST 12, 1891 IN MAP BOOK C, PAGE 47 1/2 AND A PORTION
OF THE RANCHO SAN RAMON, CONTRA COSTA COUNTY RECORDS.
TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA
cbg SAN RAMON ■ (925) 866-0322
ROSEVILLE m (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS SURVEYORS PLANNERS
FEBRUARY 2023
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF SS.
COUNTY OF
ON BEFORE ME,
PERSONALLY APPEARED
, A NOTARY PUBLIC,
, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),
AND THAT BY HIS/HER/THEIR SIGNATURES) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING
PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL:
SIGNATURE:
NAME (PRINT):
PRINCIPAL COUNTY OF BUSINESS:
MY COMMISSION NUMBER:
MY COMMISSION EXPIRES:
OWNER'S ACKNOWLEDGMENT
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY OF THE
INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT.
STATE OF SS.
COUNTY OF
ON BEFORE ME,
PERSONALLY APPEARED
, A NOTARY PUBLIC,
, WHO PROVED TO ME ON THE BASIS OF SATISFACTORY
EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES),
AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF
OF WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT.
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE FOREGOING
PARAGRAPH IS TRUE AND CORRECT.
WITNESS MY HAND AND OFFICIAL SEAL:
SIGNATURE:
NAME (PRINT):
PRINCIPAL COUNTY OF BUSINESS:
MY COMMISSION NUMBER:
MY COMMISSION EXPIRES:
CLERK OF THE BOARD OF SUPERVISORS
STATEMENT
I STATE, AS CHECKED BELOW, THAT:
( ) A TAX BOND ASSURING PAYMENT OF ALL TAXES WHICH ARE NOW A LIEN, BUT NOT YET
PAYABLE, HAS BEEN RECEIVED AND FILED WITH THE BOARD OF SUPERVISORS OF CONTRA COSTA
COUNTY, STATE OF CALIFORNIA.
( ) ALL TAXES DUE HAVE BEEN PAID AS STATED BY THE COUNTY REDEMPTION OFFICER.
DATED:
RECORDER'S STATEMENT
FILED THIS DAY OF
OF MAPS, AT PAGE
DATED:
MONICA NINO
CLERK OF THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR OF
COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA
DEPUTY CLERK
, 20 , AT M. IN BOOK
AT THE REQUEST OF CHICAGO TITLE INSURANCE COMPANY.
APN 208-022-041
1111:Z11C"T swelfZl11x:�
COUNTY RECORDER IN
AND FOR THE COUNTY
OF CONTRA COSTA,
STATE OF CALIFORNIA
DEPUTY CLERK
SHEET 1 OF 4
ATTACHMENT B
SURVEYOR'S STATEMENT
THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN
CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE
REQUEST OF 600 VENTURES LLC IN AUGUST 2022.1 HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE
CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THOSE POSITIONS
BEFORE DECEMBER 31, 2025, AND THAT THE MONUMENTS ARE, OR WILL BE SUFFICIENT TO ENABLE THE
SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY
APPROVED TENTATIVE MAP.
MARK H. WEHBER, P.L.S.
L.S. NO. 7960
LAND SG
5 �
7960
qTF OF Cp,�-�F��
CITY ENGINEER'S STATEMENT
DATE
I, STEVEN JONES, CITY ENGINEER OF THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA, STATE OF
CALIFORNIA, HEREBY STATE THAT I HAVE EXAMINED THIS MAP ENTITLED "SUBDIVISION 9593"; THAT SAID
FINAL MAP IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP AND ANY APPROVED
ALTERATIONS THEREOF; AS APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON MAY 10,
2022, AND THAT ALL PROVISIONS OF STATE LAW AND LOCAL ORDINANCE APPLICABLE AT THE TIME OF
THE TENTATIVE MAP HAVE BEEN COMPLIED WITH.
STEVEN D. JONES, CITY ENGINEER
REGISTRATION NO. C69367
EXPIRATION DATE: JUNE 30, 2024
CITY SURVEYOR'S STATEMENT
DATE
I, BOB J. LEZCANO, ACTING CITY SURVEYOR FOR THE TOWN OF DANVILLE, HEREBY STATE THAT I HAVE
EXAMINED THIS MAP ENTITLED "SUBDIVISION 9593", AND I AM SATISFIED THE MAP IS TECHNICALLY CORRECT.
BOB J. LEZCANO
L.S. NO. 8514
ACTING CITY SURVEYOR
JOB NO. 2480-010
SUBDIVISION 9593
FOR CONDOMINIUM PURPOSES CONSISTING OF 4 SHEETS
BEING A SUBDIVISION OF A PORTIONS OF LOTS 1, 2, 3, AND 13 IN
BLOCK 1, LOTS 1, 2, 3, AND 4 BLOCK 6, PORTION OF SCHOOL STREET
AND COUNTY ROAD ALL AS SHOWN ON THE MAP OF DANVILLE,
FILED AUGUST 12, 1891 IN MAP BOOK C, PAGE 47 1/2 AND A PORTION
OF THE RANCHO SAN RAMON, CONTRA COSTA COUNTY RECORDS.
TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA
lcbgl
CIVIL ENGINEERS
SAN RAMON m (925) 866-0322
ROSEVILLE m (916)788-4456
WWW.CBANDG.COM
■ SURVEYORS m PLANNERS
FEBRUARY 2023
CITY CLERK'S STATEMENT
I HEREBY STATE THIS MAP, ENTITLED "SUBDIVISION 9593", CONSISTING OF FOUR (4) SHEETS, WAS
APPROVED BY THE TOWN COUNCIL OF THE TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA AT
A MEETING OF SAID COUNCIL HELD ON THE DAY OF , 20_ AND
THAT SAID COUNCIL, ON BEHALF OF THE PUBLIC, ACCEPTS SUBJECT TO IMPROVEMENTS, THE AREAS
NOTED AS PUBLIC ACCESS EASEMENT (PAE), STORM DRAIN EASEMENT AND PUBLIC UTILITY EASEMENT
(PUE) IN CONFORMITY WITH THE TERMS OF THE OFFER OF DEDICATION.
PURSUANT TO SECTION 66434(G) OF THE SUBDIVISION MAP ACT, THIS MAP SHALL CONSTITUTE THE
ABANDONMENT IN ITS ENTIRETY WITHIN THE BOUNDARIES OF THIS MAP THE FOLLOWING RIGHTS:
1) THE EXISTING 60' WIDE UTILITY EASEMENT AS RESERVED IN THE ABANDONING OF A PORTION OF
SCHOOL STREET PER BOOK 7003 PAGE 678 CCCR.
2) THE EXISTING DRAINAGE EASEMENT AS ACCEPTED PER 7929 PAGE 992 CCCR.
MARIE SUNSERI DATE
CITY CLERK
TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA
BUILDING OFFICIAL'S STATEMENT
A DESIGN -LEVEL GEOTECHNICAL INVESTIGATION, PREPARED BY STEVENS FERRONE & BAILEY, DATED
APRIL 14, 2022, PROJECT NO. 698-10, SIGNED BY KENNETH C. FERRONE, HAS BEEN APPROVED FOR
AREAS INCLUDED IN THIS SUBDIVISION AND IS KEPT ON FILE FOR PUBLIC INSPECTION AT THE TOWN OF
DANVILLE BUILDING INSPECTION DIVISION, DANVILLE, CALIFORNIA.
DATE
L AND
STACEY M. GILL DATE
BOB J. CHIEF BUILDING OFFICIAL
TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA
LEZCANO
PLS 8514
PLANNING COMMISSION STATEMENT
I, DAVID CROMPTON, CHIEF OF PLANNING OF THE TOWN OF DANVILLE, COUNTY OF CONTRA COSTA,
STATE OF CALIFORNIA, HEREBY STATE THAT ON MAY 10, 2022, THE PLANNING COMMISSION OF
THE TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, APPROVE THE TENTATIVE
MAP OF THIS SUBDIVISION UPON WHICH THIS FINAL MAP IS BASED.
DAVID CROMPTON DATE
CHIEF OF PLANNING
TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA
APN 208-022-041
SHEET 2 OF 4
ATTACHMENT B
VRONT STREET
TOVVIN Or DAINVILLr
2019-0072219
158 LSj\/1 46
FND 1" IRON PIPE WITH CAP "LS 8863"(1)
PORTION Jr PARCEL
69 L Si\il 41
—Ar 15 8 LSM 4 6
FND 5/8"
REBAR & CAP
"LS 2967"(1)
FIRST CLASS
PROPERTIES LLC
2022-0050586
FND STANDARD STREET
MON WITH DISK(1)
TOVVIN OF DAINVILL r
BOOK 18975 Pr 397
PARCEL JMAP j\/13 855-91
16::3 Pjail 13
\
PARCEL 'A H
N51 °45'33"W i N r ivu 3 1 miwARu J I RCC I
�1293 OR 709 N46-58'33"E(R)
452.95(M -M)(4) M MON WITH DISK(1)
N51°45'33"W 360.00'(M -M)(2,3,4) _ 80.00 (R-400.00
812.95'(T) 38.34'(3) �400_04� Q4'5' 'q '08„ %,3683,
EMPTY MON WELL , 0 38.32'(4) 508» 4-368 �i3)
%7�FND
WITH STRADDLES(3) (813.07 )(1) M d'SO° 4-j'6
28) 4
w HARTZ AVENUE 1e5 "8,3,)'(4f )
� I � 6 M)
JOB NO. 2480-010
CURVE TABLE
NO
RADIUS
DELTA
LENGTH
Cl
450.04'
8°03'08"
63.25'
LINE TABLE
NO
BEARING
LENGTH
L1
N89°40'56"W
8.09'
L2
N87°51'47"W
8.25'
L3
N89°55'33"W
33.59'
L4
N51°45'33"W
19.32'
L5
N00°53'28"E
30.04'
L6
N27°51'18"W
119.81'
L7
N89°55'33"W
25.33'
FND 2" I.P. "LS 2729"(5)(6)
ABANDONMENT NOTE:
PURSUANT TO ARTICLE 2, SECTION 66434(G) OF THE SUBDIVISION MAP ACT, THIS D=2°28'12" L=17.25'
MAP SHALL CONSTITUTE THE ABANDONMENT IN ITS ENTIRETY WITHIN THE (D=2°28'05" L=17.23)(4)
BOUNDARIES OF THIS MAP.
THE EXISTING 60' WIDE UTILITY EASEMENT AS RESERVED IN THE ABANDONING
OF A PORTION OF SCHOOL STREET PER BOOK 7003 PAGE 678 CCCR.
2. THE EXISTING DRAINAGE EASEMENT AS ACCEPTED PER 7929 PAGE 992 CCCR.
(R=450.00' A--8°51'38" L=69.59')(7)
(1\105°53'271)(2)(4)
0r DAINVIL L r ]INVESTORS
BOOK 7982 Pr 218
59 L Sly/1 49
PARCEL "1
SNF RR SPK(5)
�1
h
�'tK
SUBDNISION 9593
FOR CONDOMINIUM PURPOSES CONSISTING OF 4 SHEETS
BEING A SUBDIVISION OF A PORTIONS OF LOTS 1, 2, 3, AND 13 IN
BLOCK 1, LOTS 1, 2, 3, AND 4 BLOCK 6, PORTION OF SCHOOL STREET
AND COUNTY ROAD ALL AS SHOWN ON THE MAP OF DANVILLE,
FILED AUGUST 12, 1891 IN MAP BOOK C, PAGE 47 1/2 AND A PORTION
OF THE RANCHO SAN RAMON, CONTRA COSTA COUNTY RECORDS.
TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA
cbg SAN RAMON ■ (925) 866-0322
ROSEVILLE 0 (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS SURVEYORS m PLANNERS
SCALE: 1" = 40' FEBRUARY 2023
40' 0' 20' 40' 80'
GRAPHIC SCALE
BASIS OF BEARINGS:
THE BASIS OF BEARINGS FOR THIS SURVEY IS THE MONUMENT LINE OF SAN
RAMON VALLEY BOULEVARD AND DETERMINED BY THE FOUND MONUMENTS
SHOWN HEREON. THE BEARING BEING N00°59'35"E, AS SHOWN ON THE RECORD
OF SURVEY NO 2604 (126 LSM 19)
LEGEND
(R)
O
®,SNF
m
11
CALC
FND
I.P.
(M -M)
NOR
(T)
REFERENCES:
SUBDIVISION BOUNDARY LINE
RIGHT OF WAY LINE
EASEMENT LINE
CENTERLINE
OLD LOT LINES
RADIAL
FOUND STANDARD STREET MONUMENT
MONUMENT SEARCHED FOR NOT FOUND
SET 5/8" REBAR AND CAP, OR NAIL
AND TAG LS 7960
FOUND MONUMENT AS NOTED
CALCULATED DATA
FOUND
IRON PIPE
MONUMENT TO MONUMENT
NOT OF RECORD
TOTAL
160'
(#) INDICATES REFERENCE NUMBER
(1) RECORD OF SURVEY 3964 (158 LSM 46)
(2) RECORD OF SURVEY LOTS 4, 5, 6, AND 7 OF BLOCK 1, PORTION OF LOTS
2 AND 3 OF BLOCK 1 OF MAP OF DANVILLE (69 LSM 41)
(3) RECORD OF SURVEY 2604 (126 LSM 19)
(4) CONTRA COSTA COUNTY PUBLIC WORKS DRAWING ROAD 5301 SAN RAMON
VALLEY BOULEVARD AND HARTZ AVENUE SHEETS 3 AND 4
(5) RECORD OF SURVEY (59 LSM 49)
(6) PARCEL MAP MS 855-91 (163 PM 13)
(7) GRANT DEED (7293 OR 709)
NOTE:
1. ALL DISTANCES SHOWN ARE GROUND DISTANCES AND IN FEET AND
DECIMALS THEREOF.
2. ALL BEARINGS NOT SHOWN ARE PARALLEL OR AT RIGHT ANGLES TO GIVEN
BEARINGS.
APN 208-022-041
SHEET 3 OF 4
pt
2
HARTZ AVENUE
JOB NO. 2480-010
SUBDNISION 9593
FOR CONDOMINIUM PURPOSES CONSISTING OF 4 SHEETS
1 A SUBDIVISION OF A PORTIONS OF LOTS 1, 2, 3, AND 13 IN
1, LOTS 1, 2, 3, AND 4 BLOCK 6, PORTION OF SCHOOL STREET
COUNTY ROAD ALL AS SHOWN ON THE MAP OF DANVILLE,
AUGUST 12, 1891 IN MAP BOOK C, PAGE 47 1/2 AND A PORTION
3E RANCHO SAN RAMON, CONTRA COSTA COUNTY RECORDS.
)WN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA
cbg SAN RAMON ■ (925) 866-0322
ROSEVILLE 0 (916)788-4456
WWW.CBANDG.COM
CIVIL ENGINEERS SURVEYORS m PLANNERS
SCALE: 1" = 20' FEBRUARY 2023
0' 10' 20' 40'
GRAPHIC SCALE
SIS OF BEARINGS:
\SIS OF BEARINGS FOR THIS SURVEY IS THE MONUMENT LINE OF SAN
VALLEY BOULEVARD AND DETERMINED BY THE FOUND MONUMENTS
HEREON. THE BEARING BEING N00°59'35"E, AS SHOWN ON THE RECORD
RVEY NO 2604 (126 LSM 19)
�GEND
(R)
PAE
PUE
STFE
TERENCES:
SUBDIVISION BOUNDARY LINE
RIGHT OF WAY LINE
EASEMENT LINE
RADIAL
PEDESTRIAN ACCESS EASEMENT
PUBLIC UTILITY EASEMENT
STORMWATER TREATMENT FACILITY
EASEMENT
:o
INDICATES REFERENCE NUMBER
RECORD OF SURVEY 3964 (158 LSM 46)
RECORD OF SURVEY LOTS 4, 5, 6, AND 7 OF BLOCK 1, PORTION OF LOTS
2 AND 3 OF BLOCK 1 OF MAP OF DANVILLE (69 LSM 41)
RECORD OF SURVEY 2604 (126 LSM 19)
CONTRA COSTA COUNTY PUBLIC WORKS DRAWING ROAD 5301 SAN RAMON
VALLEY BOULEVARD AND HARTZ AVENUE SHEETS 3 AND 4
RECORD OF SURVEY (59 LSM 49)
PARCEL MAP MS 855-91 (163 PM 13)
GRANT DEED (7293 OR 709)
IN UTE:
1. ALL DISTANCES SHOWN ARE GROUND DISTANCES AND IN FEET AND
DECIMALS THEREOF.
2. ALL BEARINGS NOT SHOWN ARE PARALLEL OR AT RIGHT ANGLES TO GIVEN
BEARINGS.
APN 208-022-041 SHEET 4 OF 4
SUBDIVISION IMPROVEMENT AGREEMENT
Subdivision Name: SD 9593 — "600 HARTZ"
Council Action:
Completion Date:
THE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO:
TOWN OF DANVILLE
Steven Jones
City Engineer
R.C.E. Expires 12/31/2023
SUBDIVIDER:
Subdividers printed name
Signature
Printed Name & Title
Address
Phone:
(NOTE: All Subdivider(s) signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with
the designated representative groups pursuant to Corporations Code section 313.)
(This area for official notary flags. All Subdivider signatures must be properly notarized in accordance with Civil Code section 1180.
The name and titles of the people signing the documents must be listed on the notary flag.)
I of 6
ATTACHMENT C
SUBDIVISION IMPROVEMENT AGREEMENT
1. PARTIES & DATE. Effective on the date of Council action, the Town of Danville, County
of Contra Costa, California, hereinafter called "Town," and the named Subdivider, mutually promise
and agree as follows concerning this subdivision:
2. IMPROVEMENTS. The subdivider shall comply with all Conditions of Approval
established by the Town Planning Commission and shall construct and install those improvements
identified on improvement plans prepared by the Subdivider, approved by the City Engineer on
and kept on file in the Town offices of Development Services. The general
nature and description of the work and improvements to be constructed and installed are as follows:
Partial public street paving, new curb, gutter, sidewalk, brick banding, tree wells, street trees
driveway approach, landscaping, bio retention facilities, storm drainage facilities, one new
street light, street and traffic related signals and signs, and all related appurtenances as shown
on the -approved plans.
Subdivider shall complete said work and improvements (hereinafter called "work") within the
above completion period from date hereof as required by the California Subdivision Map Act
(Government Code section 66410 and following), in a good workmanlike manner, in accordance
with accepted construction practices and in a manner equal or superior to the requirements of the
Town of Danville Municipal Code and rulings made thereunder; and where there is a conflict
between the improvement plans and the Town Municipal Code, the stricter requirements shall
govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement, the Subdivider shall,
pursuant to Government Code section 66499, and the Town of Danville Municipal Code, provide as
security to the Town:
A. For Performance and Guarantee: $10,000.00 cash, plus additional security, in the
amount of $261,000.00 which together total $271,000.00 which is one hundred percent (100%) of
the estimated cost of the work. Such additional security is presented in the form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit.
Acceptable Corporate Surety Bond.
Acceptable Irrevocable Letter of Credit.
2of6
SUBDIVISION IMPROVEMENT AGREEMENT
With this security, the Subdivider guarantees performance under this Agreement and
maintenance of the work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
B. For paw: Security in the amount of $135,500.00 of which is fifty percent (50%) of the
estimated cost of the work. Such security is presented in the form of:
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Corporate Surety Bond
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the contractor, to his
subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the
Subdivider.
C. For le alg costs: Security in the amount of $10,000.00. Such security is presented
in the form of.
Cash, Certified Check, Cashier's Check or Certificate of Deposit
Acceptable Irrevocable Letter of Credit
With this security, the Subdivider guarantees payment to the Town of Danville for legal
and other costs associated with enforcing this subdivision agreement or in compelling performance
or recovering the security under this agreement.
D. Upon acceptance of the work as complete by the Town Council and upon request of
the Subdivider, the amount of the improvement securities may be reduced in accordance with
Section 31-11.16 a. of the Danville Municipal Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work
shall be free from defects in material or workmanship and shall perform satisfactorily for a period of
one (1) year from and after the Town Council accepts the work as complete in accordance with
Section 31-11.16 of the Danville Municipal Code. Subdivider agrees to correct, repair, or replace, at
his expense, any defects in said work.
The guarantee period does not apply to road improvements for private roads which are
not to be accepted into the Town street system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant establishment
work for landscaping installed under this agreement. Said plant establishment work shall consist of
3 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control
and other work determined by the City Engineer to be necessary to insure establishment of plants.
Said plant establishment work shall be performed for a period of one (1) year from and
after the Town Council accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for
the work are adequate to accomplish the work as promised in Section 2 and as required by the
Conditions of Approval for the Subdivision. If, at any time before the Town Council accepts the
work as complete or during the one year guarantee period, said improvement plans prove to be
inadequate in any respect, Subdivider shall make whatever changes are necessary to accomplish the
work as promised.
7. NO WAIVER BY TOWN. Inspection of the work and/or materials, or approval of work
and/or materials or statement by any officer, agent or employee of the Town indicating the work or
any part thereof complies with the requirements of this Agreement or acceptance of the whole or any
part of said work and/or materials, or payments therefor, or any combination or all of these acts,
shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the
Town be thereby stopped from bringing any action for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY. Subdivider shall defend, hold harmless and indemnify the indemnities from
the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are the Town and its
elective and appointive boards, commissions, officers, agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind
allegedly suffered, incurred or threatened because of actions defined below, and including personal
injury, death, property damage, inverse condemnation, or any combination of these, and regardless
of whether or not such liability, claim or damage was unforeseeable at any time before the Town
reviewed said improvement plans or accepted the work as complete, and including the defense of
any suit(s), action(s) or other proceeding(s) concerning said liabilities and claims.
C. The actions causing liability are any act or omission (negligent or non -negligent) in
connection with the matters covered by this Agreement and attributable to the Subdivider,
Contractor, Subcontractor or any officer, agent or employee of one or more of them.
4of6
SUBDIVISION IMPROVEMENT AGREEMENT
D. Non -Conditions: The promise and agreement in this section are not conditioned or
dependent on whether or not any indemnity has prepared, supplied, or reviewed any plan(s) or
specifications(s) in connection with this work or subdivision, or has insurance or other
indemnification covering any of these matters, or that the alleged damage resulted partly from any
negligent or willful misconduct of any Indemnity.
9. COSTS. Subdivider shall pay when due, all the costs of the work, including inspections
thereof and relocating existing utilities required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the
filed map and to the satisfaction of the City Engineer.
11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the work within
the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, Town
may immediately declare Subdivider in default of this Agreement. Immediately upon a declaration
of default, Subdivider, and any Surety having posted security pursuant to Section 3, shall be liable to
the Town for all costs and charges incurred by the Town (including, but not limited to: engineering,
inspection, surveys, contract, overhead, etc.) in completing and/or maintaining the work.
Once action is taken by Town to complete or maintain the work, Subdivider agrees to
pay all costs incurred by the Town, even if Subdivider subsequently completes the work.
Should Town sue to compel performance under this Agreement or to recover costs
incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all
other expenses of litigation incurred by Town in connection therewith, even if Subdivider
subsequently proceeds to complete the work.
12. AS -BUILT PLANS. Before acceptance of the improvements by the Town Council, the
Subdivider (or his Engineer) shall furnish the City Engineer a complete set of the original tracings of
the improvement plans for the subdivision (including all revisions thereto).
13. RECORD MAP. In consideration hereof, Town shall allow Subdivider to file and record
the Final Map or Parcel Map for said Subdivision.
5 of 6
SUBDIVISION IMPROVEMENT AGREEMENT
Approved as to Form:
City Attorney
Date
Attachments: Securities required
1) Performance and Guarantee ...
2) Payment ..................................
3) Legal ......................................
......................... $261,000.00 + $10,000.00 (cash)
...........................................................$135,500.00
.............................................................$10,000.00
6of6
LOCATION MAP
NTS
ATTACHMENT D
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
RESOLUTION NO. 2022-09
ADOPTING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL
SIGNIFICANCE AND APPROVING A CONDOMINIUM SUBDIVISION MAP,
DEVELOPMENT PLAN REQUEST DEV21-0013 AND LAND USE PERMIT
REQUEST LUP 22-0009 ALLOWING THE CONSTRUCTION OF A NEW 51,290
SQUARE FOOT TWO-STORY MIXED-USE BUILDING. THE PROPOSED
DEVELOPMENT INCLUDES 37 RESIDENTIAL CONDOMINIUM UNITS
TOTALING 46,680 SQUARE FEET, AND 3,920 SQUARE FEET OF COMMERCIAL
RETAIL SPACE ALONG THE HARTZ AVENUE FRONTAGE. THE SITE IS
IDENTIFIED AS 600 HARTZ AVENUE (APN: 208-022-041)
WHEREAS, Fazloah & Fariba Poursohi (Owner) and The Address Company (Applicant)
have requested approval of a Development Plan request DEV21-0013 and Land Use
Permit request LUP 22-0009 to allow the construction of a new 51,290 square foot two-
story mixed-use building on a 1.19 -acre site; and
WHEREAS, a condominium subdivision map is requested to create 37 condominium
residential units; and
WHEREAS, the 37 residential condominium units total 46,680 square feet, 3,920 square
feet of commercial retail space along the Hartz Avenue frontage, and a 31,360 square foot
subterranean parking garage containing 79 parking spaces; and
WHEREAS, a Tree Removal permit is requested to allow for the removal of up to 10
Town -protected trees; and
WHEREAS, the subject site is located at 600 Hartz Avenue, and is further identified as
Assessor's Parcel Number 208-022-041; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project revisions and/or
recommended conditions of approval, no significant adverse environmental impacts are
expected to be associated with the project; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
ATTACHMENT E
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing
concerning the project at a noticed public hearing on May 10, 2022; now, therefore, be it
RESOLVED that the Danville Planning approves the Mitigated Negative Declaration of
Environmental Significance and approves the condominium subdivision map,
Development Plan request DEV21-0013, Land Use Permit request LUP 22-0009, and the
Tree Removal request, and makes the following findings in support of this action:
FINDINGS OF APPROVAL
Condominium Subdivision Request:
1. The proposed subdivision is in substantial conformance with the goals and
policies of the 2030 General Plan.
2. The design of the proposed subdivision is in substantial conformance with the
applicable zoning regulations as established under the Town's Downtown
Business District 11; Special Opportunity zoning regulations.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facility
services will be available to the new parcels.
4. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat since this property is in an area where residential and commercial
development has previously occurred.
5. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision.
Development Plan Request:
1. The owners/ applicants intend to obtain permits for construction within 30 months
from the effective date of project approval.
2. The development will be an attractive and efficient development which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
PAGE 2 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
3. The project is substantially consistent with the DBD; Downtown Business District
Area 11- Special Opportunity Site zoning standards, is consistent with the Town's
vision for the redevelopment of the area and the creation of a pedestrian oriented
character described for the core downtown area by goals and policies of the
Downtown Master Plan.
4. The proposed project is consistent with the intent and requirements of the DBD;
Downtown Business District Ordinance.
5. The proposed project will not be detrimental to the health, safety, and general
welfare of the Town.
6. The uses authorized or proposed in the land use district are compatible within the
district and to uses authorized in adjacent districts.
Land Use Permit:
1. The land use allowing ground floor residential use will not be detrimental to the
health, safety, and general welfare of the Town in that, the proposed development
is an infill development and is consistent with the requirements of the Town's
Downtown Business District Ordinance and 2030 General Plan.
2. The land use will not adversely affect the orderly development of property within
the Town in that, the proposed development is consistent with all Town policies
and regulations. Building permits will be required for the development assuring
public safety in keeping with other development is the area.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town in that, the use would not adversely
affect the preservation of property values while operating as a mixed use
commercial and residential use in a business district.
4. The land use will not adversely affect the policy and goals as set by the Danville
2030 General Plan in that the proposed land uses are consistent with Policy 4.06 of
Downtown Danville that states:
Policy 4.06 - Encourage Downtown Danville's continued growth as a business
district that meets the needs of Danville residents and workers.
5. The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community.
PAGE 3 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
Tree Removal Request:
1. The removal of six Town -protected oak trees and four Heritage redwood trees are
necessary to allow for the reasonable development of the property. The building
footprint, associated improvements, and excavation required to construct the basement
parking area preclude the ability to work around and preserve these trees.
2. Removal of the tree will not have a long term significant negative effect upon
shade or privacy between properties or the scenic beauty of the area.
3. The removal of the tree will not have a negative effect upon soil erosion, nor will it
result in a significant diversion or increase in the flow of surface water.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("') in the left-hand column are standard project
conditions of approval. Conditions of approval typed in italicized text are mitigation measures
derived from the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to approval of the
final map or issuance of grading or building permits for the project.
A. GENERAL
1. This approval is for a condominium subdivision map, Development Plan
request DEV21-0013 and Land Use Permit request LUP 22-0009 allowing
the construction of a new 51,290 square foot two-story mixed-use building.
The proposed development includes 37 residential condominium units
totaling 46,680 square feet, and 3,920 square feet of commercial retail space
along the Hartz Avenue frontage. The proposed project includes a 31,360
square foot subterranean parking garage. A Land Use Permit is approved
to allow residential use on the ground floor (behind commercial space
fronting Hartz Avenue), and a Tree Removal request is proposed to allow
for the removal of 10 Town -protected trees. The site is located at 600 Hartz
Avenue. Development shall be substantially as shown on the project
drawings and project studies as follows:
(a) Site Plans, Floor Plans, Building Elevation and Renderings Building
Material Plans, Floor Plans, Tree Plan, Colors and Materials, and
details labeled "600 Hartz Avenue," as prepared by WHA
Architects, Inc., dated February 18, 2022.Hartz Drive Entry Study
dated March 10, 2022.
PAGE 4 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
(b) Condominium Map, Preliminary Grading and Utility Plan,
Demolition Plan, and Drainage Plans," depicting the proposed
development as prepared by Carlson, Barbee & Gibson, Inc. dated
October, 2021.
(c) Conceptual Landscape Plan, Sections, Elevations, and Details
labeled 600 Hartz Avenue," as prepared by MJS Landscape
Architecture, dated February 8, 2022.
(d) Traffic Analysis, as prepared by Fehr & Peers dated April 26, 2022.
(e) Arborist Report as prepared by Traverso Tree Service, dated
February 17, 2021.
(f) Geotechnical Investigation as prepared by Stevens, Ferrone & Bailey,
Engineering Company, Inc., dated April 14, 2022.
2. The developer shall be responsible for the payment of all development
processing fees and impact fees associated with the project. The fee
amounts to be paid shall be reflective of the fee schedules in effect at the
time payment is made, with fees to be paid prior to approval of the final
map or issuance of grading or building permits. In addition to various plan
checking and inspection fees, notice should be taken of the following fee
categories that will be applicable to the project:
The following fees are due at final map approval for the above-mentioned
project:
1. Base Map Revision Fee .................................................... $ 291.00
2. Map Check Fee (1 -lot Condo Map) ..............................$ 2,704.00
3. Improvement Plan Check Fee ......................3 % of cost estimate
4. Engineering Inspection Fee..................................5 % of estimate
5. Grading Plan Check & Inspection Fee ................................ TBD
6. Drainage Area 10 Fee (Flood Control) ................................ TBD
7. Excavation Mitigation Fee (Flood Control) ........................ TBD
8. Park Land in Lieu Fee (37 Units @ $7,255/unit) ..... $ 268,420.00
The following fees are due at building permit issuance for the above-
mentioned project:
1. Child Care Facilities Fee ............................................. $115/unit
2. Stormwater Control Plan Review ............ 33 % of consultant fee
PAGE 5 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4FO5-9171 -D2542191 BE64
3. NPDES Fee...................................................................... $1,392.00
4. SCC Regional Fee.......................................................$1,593/unit
5. Residential TIP Fee....................................................$1,400/unit
6. Tri -Valley Transportation Fee .................................$ 3,484/ unit
Note: Credit has been given for the existing 7,660 square foot commercial
building.
3. Prior to issuance of building permits, the developer shall reimburse the
Town for notifying surrounding residents and interested parties of the
public hearings and study sessions for the project. The fee shall be $618.00
($110.00 + 204 notices X $0.83 per notice X 3 notifications).
4. Prior to the issuance of grading or building permits, the developer shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District have been, or will be, met to the satisfaction
of the District.
5. Within five days of project approval, the developer shall submit to the
Town of Danville fees required to file a Notice of Determination for this
project as required by AB 3185.
6. In the event that subsurface archeological remains are discovered during any
construction or pre -construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Development Services Department
notified, and a professional archeologist, certified by the Society of California
Archeology and/or the Society of Professional Archeology, shall be notified. Site
work in this area shall not occur until the archeologist has had an opportunity to
evaluate the significance of the find and to outline appropriate mitigation measures,
if they are deemed necessary. If prehistoric archaeological deposits are discovered
during development of the site, local Native American organizations shall be
consulted and involved in making resource management decisions.
7. The developer shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers, which are in good condition, and to locate
stationary noise -generating equipment as far away from existing residences as
feasible.
8. Construction activity shall be restricted to the period between the weekday hours of
7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in
writing by the City Engineer for general construction activity and the Chief
Building Official for building construction activity. Prior to any construction
work on the site, including grading, the developer shall install a 3' x 3' sign at the
PAGE 6 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
project entry which specifies the allowable construction work days and hours, and
lists the name and contact person for the overall project manager and all contractors
and sub -contractors working on the job.
9. The developer shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project. All security fencing shall be fitted with woven
polyethylene privacy and windscreen fabric, 85% minimum closed mesh
with grommets for securing to chain link fabric.
10. A watering program, which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District, shall be established and implemented for all on- and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust -producing activities shall be
discontinued during high wind periods.
* 11. All physical improvements shall be in place prior to occupancy of any
building in the project. If occupancy within the project is requested to occur
in phases, all physical improvements serving that phase shall be required
to be in place prior to occupancy, except for items specifically excluded in
a construction -phases occupancy plan approved by the Planning Division.
No building shall be occupied until heavy construction activity in the
adjoining area is complete, the area to be occupied is determined to be safe,
accessible, provided with all reasonably expected services and amenities,
and is appropriately separated from remaining additional construction
activity.
* 12. As part of the initial submittal for the demolition permit and/or building
permit review process (whichever occurs first), the developer shall submit
a written Compliance Report detailing how the conditions of approval for
this project have been complied with. This report shall list each condition
of approval followed by a description of what the developer has provided
as evidence of compliance with that condition. The report is subject to
review and approval by the City Engineer, Chief of Planning, and/or Chief
Building Official, and may be rejected if it is determined to not be
comprehensive with respect to the applicable conditions of approval.
13. Except as provided for through these project conditions of approval,
development of the commercial portion of the project, and the allowable
and conditionally allowable uses established within this portion of the
PAGE 7 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4FO5-9171 -D2542191 BE64
project, shall comply with DBD; Downtown Business District Area 11 -
Special Opportunity Site standards.
14. The developer shall create a construction staging plan that addresses the
ingress and egress location for all construction vehicles, parking and
material storage area. This plan shall be subject to review and approval by
the Planning and Engineering Divisions prior to the issuance of a
demolition permit, grading permit, or building permit. No staging or
storage shall occur in the public right-of-way or on publicly owned
property unless preauthorization is secured from the Engineering Division
through an encroachment permit.
15. If tree removal must take place between February 1st and August 31st,,
preconstruction nesting surveys shall be conducted by a qualified biologist to
ensure no nesting birds would be impacted by the trees' removal. If birds are
determined to be nesting in the tree(s) slated for removal or in a nearby tree that
could be disturbed by noise, a non -disturbance buffer shall be demarcated around
the nest tree and no disturbance shall occur within the buffer zone until the present
birds have finished nesting. Once nesting is completed and the young birds are
flying freely, the non -disturbance buffer may be removed.
16. A deed notification shall be recorded to run with the title of each residential
condominium created under this project which notifies the owner that
Hartz Avenue is subject to closure during various special event throughout
the year. At those, times, the owner may not have vehicular access to or
from the development's parking garage.
B. SITE PLANNING
1. Exterior wall -mounted lighting shall be at the minimum lighting intensity
necessary to provide adequate lighting for safety and security purposes.
Project light fixtures shall be of a design that generally screens the view of
the light source and provides down -directed lighting. Prior to the issuance
of building permits, the developer shall submit a photometric plan as part
of the lighting plan that indicates lighting locations and fixture details and
provides the corresponding photometric information. This plan shall be
subject to review and approval by the Planning Division and Design
Review Board (DRB). If required by the Planning Division and/or the DRB,
field modifications found necessary to prevent inappropriate levels of off-
site light intrusion and/or glare shall be made.
2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division. Unless determined not
PAGE 8 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
feasible by these reviewing bodies, such transformers shall not be located
between any street and the front of a building and shall be adequately
screened and mitigated with appropriate landscaping.
3. The applicant shall dedicate a public access easement over the trail
connection from Hartz Avenue to the Front Street parking lot. Appropriate
lighting shall be installed to allow for safe nighttime passage. The walkway
shall remain open and available to the public.
4. Wildlife exclusion fencing would be installed around the perimeter of the drainage
channel, the perimeter of the project site, and around environmentally sensitive
areas and any documented occurrences of rare plants to ensure that ground
dwelling wildlife species are precluded from accessing the construction area.
C. LANDSCAPING
* 1. Final Landscape and Irrigation Plans (Landscape Plans), with planting
shown at 1"=20' scale, shall be submitted for review and approval by the
Planning Division and Design Review Board. The plan shall include
common names of all plant materials and shall indicate the size that various
plant materials will achieve within a five-year period of time.
2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. The irrigation
system shall comply with East Bay Municipal Utility District's Section 31
Water Efficiency requirements, including use of a weather -based controller
with soil moisture probe and rain -shutoff switch.
3. Generally, trees shall be a minimum of 15 -gallon container size. The screen
trees in the rear and side of the building shall be minimum 24" box size
trees. All trees shall be properly staked. All shrubs used in the project,
which are not used as ground cover, shall be a minimum of five gallons in
size.
* 4. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover areas shall be planted and
maintained so that they fill in the affected landscape areas within a two-
year period.
5. The developer shall be responsible for the installation of sidewalk
beautification elements, or the repair of previously installed improvements,
such as brick banding and street trees, consistent with the Town's
PAGE 9 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
Downtown Beautiful Plan. New curb, gutter, and sidewalk shall be
constructed where need to replace existing driveway cuts.
6. The developer shall be required to mitigate the loss of 10 Town -protected trees. The
total diameter of trees to be removed is 211.5 inches. As a result, the applicant shall
be responsible for the planting of either 106 15 -gallon trees or 53 24 -inch box size
trees. It is anticipated that these trees would not be able to be planted on site, given
the footprint of the proposed building. Therefore, trees would be planted off-site
within Town parks and open space area subject to the applicant's payment of an
off-site mitigation fee. The mitigation fee shall be $250.00 per 15 -gallon tree or
$500.00 per 24 -inch box size tree.
7. The developer shall work with the project arborist and the Town and
attempt to preserve Tree #101. Should this tree be able to be preserved, the
mitigation tree replacement described in the condition above may be
reduced accordingly.
8. The developer shall work with the project arborist, project engineer and the
Town to modify the proposed storm drain system at the northeast corner of
the site with the goal of preserving as many trees as possible, including trees
50-54 as shown on the project plans. Removal of these trees will only be
approved if it is found that there are no feasible alternate designs for the
storm drain system.
9. The driveway material at the exit for the parking garage shall include a
textured surface which serves to potentially slow speeds and to warn the
driver of the approaching the pedestrian sidewalk crossing.
D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/or any other mechanical
equipment, whether on the building or on the ground, shall be effectively
screened from view with landscaping or materials architecturally
compatible with the main buildings.
2. Trash, refuse and recycling shall be contained within a trash/recycling
enclosure that is architecturally compatible with the project architecture.
Unless otherwise authorized by the Planning Division, the enclosure design
and location shall be substantially as depicted on the project drawings cited
in Condition of Approval #A.1. a., above (i.e., shall be integrated as part of
the structure containing within the below grade parking garage. The
trash/recycling area shall have lockable and self-closing doors. Prior to the
issuance of a building permit, the developer shall coordinate with the
PAGE 10 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
project site's solid waste purveyor to verify that the planned
trash/recycling area is appropriately sized and located to handled
projected trash and recycling generation levels for the project. The area
drain for the trash/ recycling area shall be connected to the sanitary sewer,
not the storm drain system.
3. Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board (DRB) prior to the
issuance of building permits for new construction. Color mock-ups shall
be made available at the project site prior to scheduling the project
buildings for final DRB review.
4. Final architectural elevations, details, and revisions, presented in
construction plan detail, shall be submitted for review and approval by the
DRB prior to issuance of building permits for the project.
5. Details for Master Sign Program Sign Review request shall be submitted for
review and approval by the Design Review Board.
6. No window tinting is permitted in any windows or doors without prior
authorization from the Planning Division.
7. Unless otherwise directed through building code regulations, roof vents
established on the residential buildings which are visible from the
surrounding public or private roadway system shall be limited to low
profile roof vents. All residential roof vents shall be painted a color to blend
with the roof and shall be painted with a flat finish.
8. In conjunction with the preparation of the final working drawings for the
residential buildings, efforts shall be made to maximize the size of
individual storage areas available to all project residential units.
9. Final architectural drawings shall reflect Hartz Drive Entry Studies Option
B.
E. PARKING
1. The applicant shall be required to pay the Town's off-site parking in -lieu
fee for parking demand created by the project which will not be
accommodated on-site. For multifamily developments, the Downtown
Business District Ordinance require 1 space and 1/2 guest spaces for one -
bedroom units and 2 spaces and 1/4 guest spaces for two-bedroom units. As
a result, 77.25 parking spaces are required for the residential component of
PAGE 11 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
the project. For the proposed 3,920 s.f. retail area, the parking requirement
is one space per 250 s.f. for a total of 15.68 parking spaces. The project
proposes 79 on-site parking spaces, as a result the project would be required
to purchase 13.93 spaces off-site through payment of the Town's off-site
parking in -lieu fee. Assuming retail use of all 3,920 square feet of the
commercial area, the fee would be $40,943. If full service or limited service
restaurant is proposed to occupy the commercial space, additional fees,
subject to the fees in place at the time of issuance of tenant improvement
plans, shall be paid to the Town.
2. Prior to the issuance of a building permit for the project, a Parking
Management Plan agreement for the project shall be developed and
submitted for review and approval by the Planning Division and the
Transportation Division. Each commercial tenant occupying the project
shall be provided an executed copy of the Parking Management Plan along
with their rental agreements and each individual lessee shall submit written
verification of their awareness and acceptance of the requirements of the
Plan. The Plan shall include, at a minimum, the following provisions: (a)
commitment to provide and maintain directional signage indicating where
the nearest municipal parking facilities are located; (b) a system to monitor
ongoing compliance with the Plan; (c) a mechanism to allow changes to the
Plan as may be deemed necessary over time to meet the established goals
of the Plan (with such changes to be submitted to the Planning Division and
the Transportation Division for review and approval); (d) commitment by
the property owner to provide commute alternative information to all
tenants prior to their respective occupancies in the project; (e) a
commitment by the property owner that all reasonably feasible efforts shall
be made to enforce the intent and requirements of the Plan; (f) commitment
by the property owner to require all business owners and their employees
to secure.
* 3. All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
* 4. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking. Compact spaces shall be no less than 8 feet
by 16 feet in size, inclusive of allowable overhang.
5. Regulatory signage/curb painting for non -parking sections of the interior
roadways shall be provided, if deemed necessary, to the satisfaction of the
San Ramon Valley Fire Protection District and the Engineering Division.
PAGE 12 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
6. All parking spaces located within the accessed -controlled residential
garage shall be maintained and utilized for their intended purpose (i.e., to
allow the assigned parking of resident vehicles). Language shall be
included within the project CC&Rs that specifies this requirement and
establishes a mechanism for property -owner imposed fines for residents
who do not comply with this requirement.
7. The developer shall be required to unbundle the parking cost from the sale price:
residents pay one price for the unit and a separate price for parking, should they
opt for a space. The cost of parking shall be adjusted such that resident parking
demand and supply are in equilibrium. This requirement shall be included within
the project CC&Rs.
8. The developer shall assign specific parking spaces to tenants who opt to lease a
parking space and provide flexible parking space lease terms that allow for
termination of the parking space lease during the residential term. This requirement
shall be included within the project CC&Rs.
9. Tandem spaces shall be assigned to the same unit. This requirement shall be
included within the project CC&Rs.
F. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of demolition or grading
activities, the developer shall post the site and mail to: (a) the owners of
property within 300 feet of the exterior boundary of the project site; (b) the
business owners of businesses within 300 feet of the project boundary; and
(c) the Planning Division, a notice that construction work will be
commencing at the project site. The notice shall include the appropriate list
of project contact persons, indicating name, title, phone number and area of
responsibility of such persons. The person responsible for maintaining the
list shall also be indicated on the notice. The notice shall be kept current at
all times, posting the persons with authority to initiate corrective action in
their area of responsibility. The names of individuals responsible for dust,
noise and litter control shall be expressly identified on the notice.
* 3. Where geotechnical conditions encountered in grading operations and/or
site preparation work are different from that anticipated in the preliminary
geotechnical report or the design -level geotechnical exploration, a revised
PAGE 13 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
report shall be prepared and submitted for review and approval by the
Engineering Division. It shall be accompanied by an engineering and
geological opinion as to the safety of the site from settlement and seismic
activity.
G. STREETS
* 1. The developer shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 2. Project street signing shall be installed by the developer, as may be required
by the Engineering Division. Traffic signs and parking restriction signs,
which may be required to be installed, shall be subject to review and
approval by the Transportation Division and the Police Department.
3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment, or concrete
washing is prohibited.
* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the Engineering Division, at full expense to the developer.
This shall include slurry seal, overlay or street reconstruction if deemed
warranted by the Engineering Division.
5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Danville Municipal Code.
At the time project improvement plans are submitted, the developer shall
supply to the Engineering Division an up-to-date title report for the subject
properties.
6. The applicant shall prepare and implement a Residential Travel Demand
Management (TDM) Plan. Prior to issuance of residential building permits, the
project applicant shall develop a TDM Plan for the residential components of the
proposed project, including any anticipated phasing, and shall submit the TDM
Plan to the Town for review and approval. The TDM Plan shall identify trip
reduction strategies as well as mechanisms for funding and overseeing the delivery
of trip reduction programs and strategies. Trip reduction strategies applicable to
the residential portions of the proposed project may include, but are not limited to,
PAGE 14 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4FO5-9171 -D2542191 BE64
the following: a. Increase Transit Accessibility, b. Provide Traffic Calming
Measures; c. Provide Carpooling Programs; d. Implement Car -Sharing Program;
e. Provide a Transit Riders Guide, f. Provide an Online TDM Information Center,
g. Increase Bicycle and Pedestrian Facilities/Amenities; h. Free Trial Rides on
Transit Services; I. Implement a Subsidized or Discounted Transit Program.
7. The TDM Plan shall require regular periodic evaluation of the program to
determine if the program goals in reducing automobile travel are satisfied and to
assess the effectiveness of the various strategies implemented. Site management
shall conduct annual travel surveys and driveway counts to monitor the amount of
automobile travel generated by the project. Based on the results of the surveys, the
TDM programs shall be increased if these requirements are not met.
Annual travel surveys and driveway counts (TDM program monitoring) shall be
conducted for the first two years following project occupancy. The results of the
monitoring program and travel surveys shall be submitted to the Town for review
and approval. If the program VMT reduction goals are met in the first two years,
annual monitoring and surveys shall be suspended. If the program's VMT
reduction goals are not satisfied, site management shall prepare and submit for
Town approval a Corrective Action Plan: The Corrective Action Plan shall detail
the additional TDM measures to be implemented on site and their expected
travel/mode split reduction. Additional annual travel surveys and driveway counts
shall be conducted for the two years following the implementation of the Corrective
Action Plan to determine if the program's VMT reduction goals are satisfied.
8. The applicant shall be required to install signage and/or curb markings to restrict
parking directly adjacent to the entrance to the garage driveway at a length of 15
feet to enhance traffic safety and maintain line of sight.
9. New landscaping at driveway area shall be low level shrubs (appropriately
maintained) that do not impede sight distance.
10. The applicant shall Install a R1-1 "STOP" sign at the garage driveway entrance
for vehicles exiting the driveway.
11. To alert pedestrians of vehicles exiting the garage, the applicant shall install an
electronic warning sign system at the garage driveway entrance, and shall be
subject to review and approval by the Transportation Division.
12. The applicant shall provide a sidewalk width along the project's frontage in
accordance with city standards.
PAGE 15 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
13. The applicant shall work with the Town to designate a 50 foot convertible
commercial/passenger loading zone demarcated with signage and curb markings
along the project's Hartz Avenue frontage to allow for retail deliveries and
residential loading and unloading.
14. To confirm vehicles' ability to turn properly into the proposed on-site parking
spaces, the applicant shall provide turning movement analysis for passenger
vehicles prior to recordation of the condominium map.
15. The applicant shall install EV Charging Stations in accordance with State
Requirements.
16. Prior to issuance of building permits, the applicant shall provide details regarding
the bicycle storage rooms to confirm proposed supply and configuration for long -
and short-term bicycle parking. The applicant shall also be responsible for the
installation of bicycle racks at the project frontage as determined by the Town's
Transportation Manager.
17. The parking space in the southwest corner of the parking garage shall be designated
for motorcycle parking only.
* 18. Disabled access ramps shall be provided at all pedestrian street crossing
locations, as required by the Engineering Division and pursuant to Caltrans
Standard Plan RSP A88A and A88B.
H. INFRASTRUCTURE
1. Domestic water service shall be from the East Bay Municipal Utility District
(EBMUD) water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 3. Drainage facilities and easements shall be provided to the satisfaction of the
Engineering Division.
* 4. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility in
accordance with the Preliminary Stormwater Control Plan, the C-3
Provision of the adopted Municipal Regional Permit, and as determined by
the Engineer Division. Development which proposes to contribute
PAGE 16 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
additional water to existing drainage systems shall be required to complete
a hydraulic study and make improvements to the system as required to
handle the expected ultimate peak water flow and to stabilize erosive banks
that could be impacted by additional storm water flow.
5. Unless otherwise directed through the project's approved Stormwater
Control Plan, roof drainage from buildings shall be collected via a closed
pipe and conveyed to an approved storm drainage facility in the street curb.
No concentrated drainage shall be permitted to surface flow across
sidewalks.
* 6. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The developer shall furnish proof to the Engineer Division of the
acquisition of all necessary rights of entry, permits and/or easements for
the construction of off-site temporary or permanent road and drainage
improvements.
I. MISCELLANEOUS
1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by the Planning Division. Any
other change will require Planning Commission approval through
submittal of a Revised Final Development Plan application.
2. Pursuant to Government Code section 66474.9, the developer (including the
developer or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers and employees from any claim,
action or proceeding against the Town or its agents, officers, or employees
to attack, set aside, void, or annul, the project approval, which action is
brought within the time period provided for in Section 66499.37. The Town
will promptly notify the developer of any such claim, action or proceeding
and cooperate fully in the defense.
3. Use of a private gated vehicular entrance for the at -grade structured
parking that is to serve the residential units in the project is authorized by
this approval. The gate shall be maintained in good working order, with
that maintenance to include actions necessary to keep the gate's operational
noise levels at the intended design standard cited by the gate manufacturer.
PAGE 17 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
4. The location, design and number of gang mailbox structures serving the
residential portion of the project shall be subject to review and approval by
the Planning Division and the local Postmaster.
5. A final Stormwater Control Plan (SCP) that defines all Drainage
Management Areas (DMAs) and related Integrated Management Practices
(IMPs) shall be submitted for review and approval by the Engineering
Division prior to issuance of grading or building permits for the project.
The SCP shall be substantially consistent with the Preliminary Stormwater
Control Plan cited in Project Condition of Approval A.1., above. All C.3
stormwater facilities detailed in the SCP shall conform in size and
dimension to the minimum requirements contained the Contra Costa Clean
Water Program Stormwater C.3 Guidebook in place at the time application
in made for project grading or building permits. All final construction,
architecture, landscaping, and improvement plan details prepared for the
project shall conform to the approved final SCP. Unless otherwise
authorized by the Engineering Division, the SCP shall be submitted for
review and approval prior to submittal of the project improvement plans
or grading plans to verify that all DMAs are properly described, sized, and
located.
6. A Stormwater Facilities Operation and Maintenance Plan, consistent with
the project's SCP and applicable Contra Costa Clean Water Program
instructions, shall be submitted for review and approval by the Engineering
Division prior to approval of the initial frame inspection for a project
building permit. The approved Stormwater Facilities Operation and
Maintenance Plan shall be executed and recorded prior approval of the
initial final inspection for a project building permit.
7. A minimum of 15% (five)of the project residential units in the project shall
be made available to moderate -income households for a term of 20 years.
The developer shall enter into a formal agreement which specifies the
maximum income of the buyers, regulates the terms of occupancy, resale or
any other restriction deemed necessary to assure the long-term affordability
of the units to the target households. This agreement shall be subject to
approval by the Danville Town Council prior to recordation of the final
map or issuance of building permits for new building construction.
8. An Owner's Association shall be formed for the residential portion of the
project. The Owner's Association, through project -specific covenants,
conditions, and restrictions (CC&Rs), shall be responsible for commonly
owned facilities and landscaping. The CC&Rs shall include appropriate
PAGE 18 OF RESOLUTION NO. 2022-09
DocuSign Envelope ID: 570FODOF-2A45-4F05-9171-D2542191BE64
restrictions relating to the use of project parking and storage to meet the
intent and requirements of these conditions of approval. Draft CC&Rs shall
be submitted to the Planning Division and City Attorney for review and
approval a minimum of 60 days prior to the individual sale of any of the
units.
9. In recognition of the project's location within the San Ramon Creek
watershed and Drainage Area 10 of the Contra Costa County Flood Control
& Water Conservation District (FC District), the project shall make payment
of appropriate drainage fees respectively being a $0.10 per square foot of
net new impervious surface area drainage fee for the San Ramon Creek
watershed (based on the FC District's standard impervious surface area
ordinance) and a drainage fee consistent with FC District Ordinance No. 92-
52 for the Drainage Area 10 watershed.
10. As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposal of green waste generated from land
clearing on the site. Prior to obtaining framing inspection approval for the
project, the applicant/ owner shall provide the Planning Division with
written documentation (e.g., receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/ are being recycled according to their
recycling plan, or in an equivalent manner.
APPROVED by the Danville Planning Commission at a regular meeting on May 10, 2022,
by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo
NOES: None
ABSENT: None
ABSTAINED: None
APPROVED AS TO FORM:
EpDocuSigned by:
aLt�aZ $. E.wZ0.5
-895C6C40AnRF4RF
CITY ATTORNEY
/DocuSigned by:
E
u VisfiV olh
.a JrA
CHAIRMAN
DocuSigned by:
�AUUd, r,V'btM�'Dln,
CHIEF OF PLANNING
PAGE 19 OF RESOLUTION NO. 2022-09