HomeMy WebLinkAbout2024-02DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71 D651281078
RESOLUTION NO.2024-02
APPROVING MAJOR SUBDIVISION (SD 9594), DEVELOPMENT PLAN (DEV22-
0009), AND TREE REMOVAL (TR24-0003) REQUESTS TO SUBDIVIDE A
SEVEN -ACRE PARCEL TO ALLOW FOR A 167-UNIT MULTIFAMILY
DEVELOPMENT. THE DEVELOPMENT WOULD INCLUDE 124 FOR -SALE
TOWNHOUSE UNITS AND 43 FOR -RENT APARTMENT UNITS. THE SITE IS
LOCATED AT 3020 FOSTORIA WAY AND IS ALSO KNOWN AS THE BOREL
PROPERTY. THE PROPERTY OWNER IS EAST BAY REGIONAL PARK
DISTRICT, AND THE APPLICANT IS TRUMARK HOMES. THE PROJECT IS
STATUTORILY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA)
(APN: 216-090-034 - TRUMARK HOMES)
WHEREAS, Trumark Homes, LLC (Applicant and Property Owner) has requested
approval of a Major Subdivision, Development Plan, and Tree Removal permit on a
seven -acre parcel; and
WHEREAS, The Major Subdivision would subdivide the site to allow for a 167-unit
multifamily development, including 124 for -sale townhouse units and 43 for -rent
apartment units; and
WHEREAS, the Development Plan request would approve the architectural, landscape
and site design of the project; and
WHEREAS, the Tree Removal Permit would allow for the removal of nine Town -
protected trees; and
WHEREAS, Trumark Homes, invoked the State Density Bonus Law, although not
requesting any additional density. However, Trumark is requesting waivers related to
project stories and height; and
WHEREAS, the seven -acre site is located at 3020 Fostoria and is further identified as
Assessor's Parcel Number APN: 216-090-034; and
WHEREAS, the application is a housing application under State Law SB 330 and the
Town deemed these applications complete on January 12, 2024; and
WHEREAS, the 43 apartment units would serve as the development's affordable
component as all 43 units would be made available to qualifying low and very low
income households; and
DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71 D651281078
WHEREAS, as a site that was counted as a housing site necessary to meet the Towri s
Regional Housing Needs Assessment (RHNA) for the 2014-2022 housing cycle, the
project is statutorily exempt from the requirements of the California Environmental
Quality Act (CEQA); and
WHEREAS, on January 23, 2024, the Planning Commission held a public hearing to
consider the requests; and
WHEREAS, a staff report was submitted recommending that the Danville Planning
Commission approve the requests; and
WHEREAS, the public hearing was noticed as required by State law; and
WHEREAS, the Planning Commission reviewed and considered all information and
testimony contained within the staff report and presented at the public hearing; now,
therefore, be it
RESOLVED that the Planning Commission of the Town of Danville approves Major
Subdivision SD 9594, Development Plan DEV 22-0009, and Tree Removal TR 24-0003 and
makes the following findings in support of this action:
FINDINGS OF APPROVAL
Major Subdivision/Development Plan
1. The proposed subdivision and Development Plan are in conformance with the
goals and policies of the Danville 2030 General Plan and the site's Residential -
Multifamily High Density (25-39 units per acre) and Residential - Multifamily -
High/Medium Density (20-25 units per acre) land use designations.
2. The proposed development is consistent with the goals and policies of the Town's
2014-2022 Housing Element and draft 2023-2031 Housing Element in that the site
has been identified as a housing site necessary to meet the Towri s RHNA
assignment.
3. The design of the subdivision, development and the type of associated
improvements will not likely cause serious public health problems because water
and sanitary facilities and services will be available to the proposed lots.
4. The density of the development is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to other developments in the vicinity of the site.
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5. The design of the proposed subdivision, development and improvements are not
likely to cause substantial environmental damage or subsequently injure fish or
wildlife or their habitat, in part because the project site is within an area where
development has previously occurred.
6. The design of the proposed subdivision, development and proposed
improvements would not conflict with easements, acquired by the public at large,
for access through or use of, property within the proposed subdivision. There are
currently no existing public easements for access through or use of the subject
properties.
Tree Removal Permit
1. Necessity. The primary reason for removal of the nine trees is that preservation of
those trees would be inconsistent with the improvements and buildings as part of
the development of the property.
2. Erosion/ surface water flow. Removal of the nine Town -protected trees would not
cause significant soil erosion or cause a significant diversion or increase in the flow
of surface water.
3. Shade. Removal of the nine trees, including nine Town -protected trees would not
significantly affect off -site shade as the trees are not generally in the vicinity of
surrounding properties. Proposed new trees and mitigation trees will provide for
new shade trees over time.
State Density Bonus Law
1. Pursuant to the State Density Bonus law (i.e., Government Code Section 65915),
the applicant is entitled to waivers of development standards if application of
those standards would have the effect of physically precluding the construction of
development at the density permitted by the statute. The Town may refuse any
such requested waiver if there is substantial evidence that such a waiver would
have specific, adverse impact upon the health or safety of the community or the
physical environment. The applicant has requested waivers to the number of
stories and height of the buildings. There is no evidence that these waivers will
have an adverse effect on the health or safety of the community.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard project
conditions of approval.
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Unless otherwise specified, the following conditions shall be complied with prior to the
Town Council approval of the Final Map or issuance of a grading permit or building
permit for the project. Each item is subject to review and approval by the Danville
Development Services Department unless otherwise specified.
1. This approval is for a Major Subdivision (SD 9594), Development Plan
(DEV22-0009) and Tree Removal (TR24-0003) requests to subdivide a
seven -acre parcel to allow for a 167-unit multifamily development. The Tree
Removal request would allow for the removal of nine Town -protected
trees. The site is located at 3020 Fostoria Way and is also known as the Borel
property. Development shall be as shown on the project drawings as
follows, except as may be modified by conditions contained herein:
a. Vesting Tentative Tract Map, Civil Plan, Architectural Plan, and
Landscape Plans, as prepared by MacKay & Somps, SDG Architects,
and Gates & Associates labeled "Borel Property," dated December
22, 2023.
b. Transportation Impact Analysis, prepared by Fehr & Peers, dated
May 6, 2022.
C. Acoustical Analysis, prepared by Veneklasen Associates, dated June
18, 2021.
d. Biological and Arborist Report prepared by Live Oak Associates,
date June 4, 2021.
e. Preliminary Stormwater Control Plan as prepared by MacKay &
Somps, dated September 2023.
f. Air Quality Assessment as prepared by Illingworth & Rodkin, Inc.
dated August 30, 2021.
g. Cultural Resources Analysis prepared by Stantec, dated June 4, 2021.
h. Preliminary Geotechnical Report, prepared by ENGEO, dated
revised on June 2, 2021.
2. The applicant shall pay any Town and related fees applicable to the
property. These fees shall be based on the current fee schedule in effect at
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the time relevant permits are secured and shall be paid prior to the issuance
of said permit.
The following fees are due at final map approval for the above -mentioned
project and are subject to annual increases:
1. Base Map Revision Fee (28 parcels) ........................... $ 2,856.00
2. Map Check Fee (28 parcels) ......................................... $ 5,833.00
3. Improvement Plans Check Fee ..................3% of cost estimate
4. Engineering Inspection Fee ........................5% of cost estimate
5. Storm Water Control Plan Review ... consultant fee plus 33 %
6. Excavation Mitigation Fee (Flood Control) ............$ 20,983.00
7. Park Land in Lieu Fee (167 units) ....................... $1,280,890.00*
* The applicant may request the waiver of fees for the 43 BMR units
associated with the Town Council's review and approval of the
Affordable Housing Agreement.
The applicant may request a deferment schedule for payment of these
fees.
The following fees are due at building permit issuance for the above -
mentioned project and are subject to annual increases:
1. Childcare Facilities Fees ......................................... $ $115/unit
2. Finish Grading Inspection ....................................... $ 222/bldg.
3. Stormwater Pollution Control Inspection .............$ 228/bldg.
4. SCC Regional Fee ...................................................... $1,676/unit
5. SCC Sub -Regional Fee ............................................. $ 4,624/unit
6. Residential TIP Fee ................................................... $1,400/unit
7. Tri-Valley Transportation Fee ................................ $ 4,095/unit
* 3. Concurrent with the initial submittal of the Final Map, grading plans,
and/or building permits, the applicant shall submit a written Compliance
Report detailing how the conditions of approval for this project have been,
or will be, met. This report shall list each condition of approval followed
by a description of what the applicant has provided as evidence of existing
or future compliance with that condition. The report shall be signed by the
applicant to attest its accuracy and completeness. The report shall be subject
to review and approval by the Danville Development Services Department,
and may be rejected by the Town if it is not comprehensive with respect to
the applicable conditions of approval.
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* 4. Prior to approval of the Final Map or issuance of grading or building
permits (whichever comes first) the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) have been met to the satisfaction of SRVFPD.
* 5. Prior to the issuance of building permits, the applicant shall provide
documentation to the Town of Danville to confirm that the school
mitigation fees have been paid to the San Ramon Valley Unified School
District (SRVUSD) pursuant to the criteria set forth within California
Government Code Section 65995.
6. The developer shall implement 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 on- and off -site construction activities.
7. Dust -producing activities shall be discontinued during high wind periods.
8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
9. The applicant shall post a publicly visible sign with the point of contacts
(name, number, and email) for the project superintendent and for the Town
of Danville regarding dust complaints. The project superintendent shall
take appropriate corrective action within 48 hours of receiving a dust
complaint. The phone number for the Bay Area Air Quality Management
District (BAAQMD) shall also be clearly displayed on the publicly visible
project sign to direct concerned parties to the BAAQMD with an intent to
help ensure compliance with applicable air quality construction activity
regulations.
10. Prior to demolition activities, the applicant shall secure a J Permit from the
Bay Area Air Quality Management District (BAAQMD).
11. All haul trucks transporting soil, sand, or other loose material off -site shall
be covered.
12. All building pads shall be laid as soon as reasonably feasible after grading
unless seeding or soil binders are used.
13. Idling times of construction equipment shall be minimized either by
shutting equipment off when not in use or by reducing the maximum idling
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time to 5 minutes (as required by the California airborne toxics control
measure Title 13, Section 2485 of California Code of Regulations [CCR]).
Clear signage stating these operation standards shall be provided by the
applicant for construction workers at all project access points.
14. Prior to construction activity, construction equipment shall be checked by
a certified visible emissions evaluator. All construction equipment shall be
maintained and properly tuned in accordance with manufacturer
specifications.
15. Prior to any construction work on the site, including grading, the applicant
shall install a minimum 3' x 3' sign at the project entry which specifies the
allowable construction work days and hours, and lists the name and contact
person for the overall project manager and all contractors and sub-
contractors working on the job. Construction activity shall be restricted to
the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Monday
through Friday), unless otherwise approved in writing by the City Engineer
for general construction activity and the Chief Building Official for building
construction activity.
16. Construction Equipment Mufflers and Maintenance. All internal
combustion engine -driven equipment utilized on the project site and all
stationary noise sources shall be equipped with intake and exhaust mufflers
that are maintained in good condition and are equipment -specific
accordance with the manufacturers' recommendations for the respective
equipment utilized.
17. The applicant shall take reasonable efforts to assure unnecessary idling of
internal combustion engines is minimal.
18. Stationary noise -generating equipment shall be located as far as reasonably
feasible from sensitive receptors.
19. Construction traffic to and from the construction sites shall be routed as
directed by the City Engineer and the Transportation Manager of the
Danville Development Services Department. Construction -related heavy
truck traffic is prohibited from traveling through residential areas and shall
be routed onto major roadways and as far from sensitive receptors as
feasible.
20. To the extent feasible, the project shall make use of quiet construction
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equipment, particularly air compressors. Air compressors and pneumatic
equipment shall be equipped with mufflers, and impact tools shall be
equipped with shrouds or shields. [Note: "Quiet construction equipment"
is considered to be equipment that typically generates noise levels 5 dBA
lower than that of comparable equipment.]
21. A noise construction liaison shall be designated by the applicant to ensure
coordination between construction staff and property owners and
residential and commercial tenants within 300-foot radius from the external
boundaries of the project site. These property owners and tenants shall be
notified in writing of the contact information for the construction liaison a
minimum of 15 days prior to the initiation of construction or pre -
construction activity.
22. Exterior building assemblies shall be sound -rated as deemed necessary by
the project acoustical engineer to reduce transportation noise to the CNEL
45 dB interior noise goal set forth in the Danville 2030 General Plan for
residential uses. Sound -rating assemblies for windows and exterior doors
shall be as called for in Figure 2 of the project's Environmental Noise
Assessment, unless otherwise dictated by the project acoustical engineer at
the time of submittal for building permits. Sound insulation ratings shall
be for the complete window and door assembly, including glass and frame,
as based on laboratory test reports of similar sized samples from an NVLAP
accredited lab. Windows and exterior doors shall be assembled with sound
insulation ratings of up to Sound Transmission Class (STC) 37, as
applicable.
23. In the event that subsurface archeological remains are discovered during
any construction or pre -construction activities on the site: (a) all land
alteration work within 100 feet of the find shall be halted; (b) the Town of
Danville Development Services Department shall be notified; and (c) 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 If subsurface deposits believed to be
cultural or human in origin are discovered during the construction of the
project, all work shall halt within a 200-foot radius of the discovery and a
qualified archaeologist, meeting the Secretary of the Interior's Qualification
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Standards for prehistoric and historic archaeologist, shall be retained at the
applicant's expense to evaluate the significance of the find. Work shall not
continue at the discovery site until the archaeologist conducts sufficient
research and data collection to make a determination that the resource is
either: (a) not cultural in origin; or, (b) not potentially significant or eligible
for listing on the National Register of Historic Places or the California
Register of Historical Resources. If a potentially eligible resource is
encountered, then the archaeologist, lead agency and applicant shall
arrange for either: (a) total avoidance of the resource, if possible; or (b) test
excavations to evaluate eligibility and, if eligible, data recovery as
mitigation. The determination shall be formally documented in writing and
submitted to the lead agency and filed with the Northwest Information
Center as verification that the provisions in this mitigation measure have
been met.
24. If human remains of any kind are found during construction activities, all
activities shall cease immediately, and the Contra Costa County Coroner be
notified as required by state law (Section 7050.5 of the Health and Safety
Code). If the coroner determines the remains to be of Native American
origin, he or she shall notify the Native American Heritage Commission
(NAHC). The NAHC shall then identify the most likely descendant(s)
(MLD) to be consulted regarding treatment and/or reburial of the remains
(Section 5097.98 of the Public Resources Code). If an MLD cannot be
identified, or the MLD fails to make a recommendation regarding the
treatment of the remains within 48 hours after gaining access to the remains,
the Town shall rebury the Native American human remains and associated
grave goods with appropriate dignity on the property in a location not
subject to further subsurface disturbance. Work can continue once the
MLD's recommendations have been implemented or the remains have been
reburied if no agreement can be reached with the MLD (Section 5097.98 of
the Public Resources Code).
* 25. The applicant shall provide security fencing, as deemed necessary and to
the satisfaction of the Danville Development Services Department, around
the construction 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.
* 26. Prior to approval of the Final Map the applicant shall reimburse the Town
for notifying surrounding neighboring residents of the public hearing. The
fee shall be $448.72 ($130.00 plus 167 notices X $0.83 per notice X 3
mailings).
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27. The applicant 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 Danville Development Services Department prior to the issuance of a
demolition permit or a grading permit. All construction staging shall be
done on -site. The construction staging plan shall indicate that construction
vehicle access route.
28. The applicant or its designee shall work with the Town to prepare an
affordable housing agreement (Agreement) for the project, addressing the
development, retention, and tenant occupancy of the 43 apartments. The
agreement shall be subject to review and approval by the Town Council
prior to recordation of the Final Map for the project.
29. Construction of the below market rate units (BMRs) shall be subject to the
following construction schedule:
a. In order for the developer to receive building permits for the 63rd non-
BMR unit, the BMR units shall have been issued at least a grading
permit by the Town.
b. In order for the developer to receive building permits for the 92nd non-
BMR unit, the BMR units shall have been issued full building permits
by the Town and commenced construction.
c. In order for the developer to receive certificate of occupancy for the
105th non-BMR unit, the BMR units shall be 50 % complete with
construction as evidenced by a) the most recent draw to the construction
lender indicating total construction costs incurred relative to total
construction costs, or b) such other documentation as the Town may
reasonably request and accept to assure that the 50% completion
milestone has been achieved for the BMR units.
d. In order for the developer to receive certificate of occupancy for the
120th non-BMR unit, the BMR units shall be 75 % complete with
construction as evidenced by a) the most recent draw to the construction
lender indicating total construction costs incurred relative to total
construction costs, or b) such other documentation as the Town may
reasonably request and accept to assure that the 75% completion
milestone has been achieved for the BMR units.
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e. In order for the developer to receive certificate of occupancy for the
124th non-BMR unit, 100% of the BMR units shall have received
certificates of occupancy from the Town. A temporary certificate of
occupancy shall suffice for these purposes provided that all life -safety
requirements have been met and the BMR units are suitable for
occupancy.
* 30. If the applicant intends to construct the project in phases, then the first
submittal for building permits shall be accompanied by an overall phasing
plan subject to review and approval by the Danville Development Services
Department. This plan shall address: (a) off -site improvements to be
installed in conjunction with each phase; (b) erosion control for
undeveloped portions of the site; (c) timing of delivery of emergency
vehicle access connections; and (d) phasing of project grading. No structure
shall be occupied until construction activity in the adjoining area is
complete and the area is safe, accessible, provided with all reasonably
expected services and amenities, and appropriately separated from
remaining additional construction activity. Prior to initiation of each
discrete phase of construction activity, the applicant shall provide
documentation verifying that construction phases (e.g., grading, utility
installation, paving, building construction, etc.) are not conflicting and do
not inappropriately overlap.
31. If requested by directly adjacent property owners, the applicant shall be
responsible for washing the exterior of abutting residences, and cleaning
pools, patios, etc. at the completion of each phase of project mass grading
activity.
32. If demolition or construction activity (e.g., tree removal, grading, road
construction, home construction, etc.) is to occur within the raptor nesting
season (i.e., between February 1 and July 31), a pre -construction survey of
the property for nesting raptors shall be conducted, with such survey to
occur a minimum of 15 days prior to planned commencement of demolition
or construction activity. The nesting survey shall include examination of all
trees within 200 feet of the area proposed for demolition or construction
activity. If birds are identified nesting on or within the zone of proposed
demolition or construction activity, a qualified biologist shall establish a
temporary protective nest buffer around the nest(s). Where protective nest
buffering is deemed necessary, the nest buffer(s) shall be staked with
orange construction fencing or orange lath staking. The buffer shall be of
sufficient size to protect the nesting site from demolition or construction
related disturbance and shall be established by a qualified ornithologist or
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biologist with extensive experience working with nesting birds near
construction sites. Typically, adequate nesting buffers are 50 feet from the
nest site or nest tree dripline for small birds, and up to 250 feet for sensitive
nesting birds that include several raptor species known in the region of the
project site. No demolition, construction or earth -moving activity shall
occur within the established buffer until it is determined by a qualified
biologist that the young have fledged and have attained sufficient flight
skills to avoid project construction zones. This typically occurs by July 15th
of each year. This date may be earlier or later and shall be determined by
the qualified ornithologist or biologist.
B. SITE PLANNING
1. All buildings shall be designed so that reflective surfaces are limited, and
exterior lighting is down -lit and illuminates the intended area only. Prior
to issuance of a building permit, the applicant shall submit an exterior
lighting plan for review and approval by the Danville Development
Services Department that includes the following requirements: (a) exterior
lighting shall be directional; (b) the source of directional lighting shall not
be directly visible; and (c) vegetative screening shall be installed, where
appropriate.
* 2. Prior to approval of the project improvement plans, the location of any
above -grade mounted electrical transformers shall be subject to review and
approval by the Danville Development Services Department. To the extent
feasible, such transformers shall not be located between any street and the
front of a building.
3. If project entry signage for the development is desired, a Sign Review
permit shall be submitted to the Town for consideration under a separate
application prior to sign installation.
C. LANDSCAPING
* 1. Final landscape and irrigation plans (with planting shown at 1"=20' scale)
shall be submitted for review and approval by the Design Review Board.
The plan shall include common names of all plant materials and shall
indicate the size that various plant materials would achieve within a five-
year period of time.
* 2. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation and
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planting design shall comply with EBMUD Section 31 Outdoor Water Use
regulations and the Model Water Efficient Landscape Ordinance
(MWELO).
3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size. A
minimum of 25% of the true shrubs planted in the project shall be 1-gallon
container size shrubs.
4. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover. All proposed ground cover shall be placed so that they
fill in within two years.
5. This approval authorizes the removal of nine Town -protected trees.
Consistent with the requirement of the Towri s Tree Preservation
Ordinance, the applicant shall calculate the total inches of diameter of
Town -protected trees to be removed, as of the date of the grading or
demolition permit application (i.e., the "Total Inches"), and submit that
calculation to the Planning Division. The applicant shall be required to
replace the identified Town -protected trees to be removed with a number
and size of oak trees equal to the total inches of the diameter of the trees to
be removed. The required tree planting may be part of the project's
landscape plan.
It is currently estimated that all mitigation oak trees cannot be
accommodated onsite. Onsite mitigation trees shall be either 15-gallon size
trees (credited at a ratio of 2" per tree toward the aggregate replacement
planting) or 24-inch box size trees (credited at a ratio of 4" per tree toward
the aggregate replacement planting). Tree mitigation planting that cannot
be accommodated onsite shall be handled through the applicant's payment
of an in -lieu fee, which shall be made payable to the Town of Danville. This
in -lieu fee shall be in the amount of $250.00 per off -site mitigation tree. This
mitigation fee is based on a $250.00 installed cost per 15-gallon tree
indicated in recently approved Town -sponsored capital improvement
projects. The in -lieu mitigation funds received by the Town will be applied
to an account chosen by the Town for use by the Danville Maintenance
Department staff to allow the purchase and planting of beautification trees
within the Town of Danville.
6. The applicant shall work with the Town to preserve tree # 65. If a feasible
solution is found, the tree shall be preserved.
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D. ARCHITECTURE
* 1. All ducts, meters, air conditioning and/or any other mechanical equipment
whether on the structure or on the ground shall be effectively screened from
view with landscaping or materials architecturally compatible with the
main structures.
* 2. The street numbers for each building in the project shall be posted so as to
be easily seen from the street at all times, day and night by emergency
service personnel. If the street numbers are less than four inches in height,
they shall be illuminated consistent with the requirements of the Uniform
Building Code.
* 3. Prior to issuance of building permits, final architectural elevations and
details shall be submitted for review and approval by the Design Review
Board (DRB). Seven full size sets of construction drawings and one 11" x
17" set of construction drawings for the project shall be submitted to the
Danville Development Services Department for DRB prior to, or concurrent
with, the applicant initiating the building permit plan check process with
the Building Division of the Danville Development Services Department
plan check process.
* 4. Prior to issuance of building permits, samples of final exterior building
materials and the proposed color palette shall be submitted for review and
approval by the DRB.
E. GRADING AND SOILS
* 1. Any grading on adjacent properties would require prior written approval
of those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, to the homeowner associations of
nearby residential projects and to the Danville Development Services
Department, a notice that construction work will commence. The notice
shall include a list of contact persons with name, title, phone number and
area of responsibility. The person responsible for maintaining the list shall
be included. The list shall be kept current at all times and shall consist of
persons with authority to initiate corrective action in their area of
responsibility. The names of individuals responsible for dust, noise and
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litter control shall be expressly identified in the notice.
* 3. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The
engineering recommendations outlined in the project specific soils report
shall be incorporated into the design of this project. The report shall include
specific recommendations for foundation design of the proposed buildings
and shall be subject to review and approval by the Engineering and
Planning Divisions of the Danville Development Services Department.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the Danville Development
Services Department. It shall be accompanied by an engineering and
geological opinion as to the safety of the site from settlement and seismic
activity.
* 5. All development shall take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If all or part
of the construction does occur during the rainy season, the applicant shall
submit an Erosion Control Plan to the Danville Development Services
Department for review and approval. This plan shall incorporate erosion
control devices such as, the use of sediment traps, silt fencing, pad berming
and other techniques to minimize erosion. All visible mud or dirt track -out
onto adjacent private or public roads shall be removed using wet power
vacuum street sweepers, with a minimum frequency of at least once per
day. The use of dry power sweeping for this cleaning is expressly
prohibited.
* 6. All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
Uniform Building Code and Town of Danville Ordinances.
* 7. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 8. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
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contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
* 9. Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
* 10 Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
appropriate, following the Danville Development Services Department's
review of the specialist's assessment, the applicant shall develop and
implement the corresponding rodent control plan to reduce impacts to
surrounding properties to the extent reasonably possible for the time
periods of heavy construction activity. The report shall include a schedule
for regular rodent inspections and mitigation based on the development
schedule for the project. This rodent control plan is subject to review and
approval by the Danville Development Services Department.
F. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or public easement.
2. Regulatory signage/curb painting for the non -parking side of the interior
public and private roadways shall be provided, as may be deemed
necessary and appropriate, to the satisfaction of the San Ramon Valley Fire
Protection District and the Danville Transportation Division.
* 3. Street signing shall be installed by the applicant as determined to be
necessary by the Danville Development Services Department during the
Towri s review of the project improvement plans. Traffic signs and parking
restriction signs shall also be subject to review and approval by the Danville
Transportation Division and the Danville Police Department.
4. Any damage to street improvements found existing on or adjacent to the
project site shall be repaired by the applicant to the satisfaction of the
Engineering Division. As may be determined warranted by the Engineering
Division, such repair may include slurry seal; pavement overlay; and/or
street reconstruction. Prior to commencement of any site work, the
applicant shall establish baseline preconstruction roadway conditions in a
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manner satisfactory to the Danville Development Services Department.
* 5. To facilitate the Towri s review of the project improvement plans, that
applicant shall submit an up-to-date title report for the subject property to
the Danville Development Services Department. 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 Danville Development Services Department and
Chapters XII and XXXI of the Town Code.
* 6. Private streets shall be improved to public street structural standards.
Private street improvements, and their dimensions, shall be as shown on
the project plans identified in #A.1. above and shall conform to Standard
Plan 104 a & b.
* 7. The applicant shall make a provision to stripe curbs and install any
necessary parking or circulation signage, as determined by the
Transportation Division.
8. The project site plan shall include pedestrian -scale design with direct access
to the primary pedestrian attractions (transit stops), as well as include
welcoming elements such as planters, widened sidewalks, benches, etc.
9. The project applicant shall provide do-it-yourself bicycle repair stands with
an air pump and basic tools to keep your bike in great shape, including
Phillips/Flat-Head Screwdrivers, 15/32mm Combination Wrench,
8/ 9/ 10/ 11mm Combination Wrenches, Tire Levers, Torque Wrench and
Allen Wrenches.
10. The applicant shall install "No Outlet" signage at the Project's entrances to
discourage non -project related trips from entering the project site.
11. The project's northern driveway shall be modified from full access to right-
in/right-out and include a stop sign along the Project driveway, if
determined necessary by the Town.
12. Project landscaping within internal intersections and at the Project
driveway at the Camino Ramon and Camino Ramon Place intersection shall
be maintained to avoid sight distance conflicts. Shrubs should not be higher
than approximately 30 inches and tree canopies should be approximately
six feet from the ground.
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13. The project applicants shall subsidize transit passes for residents.
Unbundled parking costs may be used may be used to fund the transit
passes.
14. The operator of the 43 apartment units in this development shall provide a
Clipper Card (as managed by the Metropolitan Transportation
Commission), pre -funded in the amount of $200.00, to each new tenant as
part of the lease of each apartment unit. This requirement shall apply to all
subsequent new tenants for a period of ten years. After the initial tenancy,
the annual may be limited to $1,000.00, to be disbursed at the discretion of
the operator.
G. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
(EBMUD) water system in accordance with the requirements of EBMUD.
* 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. 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, as
determined by the Danville Development Services Department.
Development which proposes to contribute 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.
* 4. Roof drainage from structures shall be collected via a closed pipe and
conveyed to an approved storm drainage facility in the street curb. No
concentrated drainage shall be permitted to surface flow across sidewalks.
* 5. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement, or public street.
* 6. 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.
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* 7. The applicant shall furnish proof to the Danville Development Services
Department 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.
* 8. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards, or in public streets.
9. Easements marked to be quitclaimed on the Vesting Tentative Map shall be
quitclaimed and recorded prior to Final Map approval.
10. The applicant shall prepare and submit a final detailed
hydrology/hydraulic report for the project for review and approval by the
Danville Development Services Department. The report shall be submitted
to the Town in conjunction with the applicant's initial submittal of project
improvement plans and the submittal of the Final Stormwater Control Plan
for the project.
H. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change would
require Planning Commission approval through the revised Development
Plan review process.
* 2. Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify, and hold harmless
the Town of Danville and its agents, officers, and employees from any
claim, action, or proceeding against the Town or its agents, officers, or
employees to attack, set aside, void, or annul, the Town' approval
concerning these development applications, which action is brought within
the time period provided for in Section 66499.37. The Town would
promptly notify the applicant of any such claim, action, or proceeding and
cooperate fully in the defense.
* 3. Use of any private gated entrance in the project is expressly prohibited.
* 4. The proposed project shall conform to the Towri s Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
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construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of
wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and
fueling and stabilization of construction entrances. Training of contractors
on BMPs for construction activities is a requirement of this permit. At the
discretion of the Danville Development Services Department, a Storm
Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
* 5. All grading activity shall address National Pollutant Discharge Elimination
System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents
shall also be kept on -site while the project is under construction. A NPDES
construction permit may be required, as determined by the Danville
Development Services Department.
* 6. Prior to commencement of any sitework that will result in a land
disturbance of one acre or more in area, the applicant shall submit evidence
to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of the
Notice of Intent (NOI) sent to the State Water Resources Control Board.
7. Prior to approval of the Final Map, the applicant shall prepare and submit
a detailed Operation and Maintenance Agreement to the Development
Services Department for review and approval. The Operation and
Maintenance Agreement shall identify the maintenance and funding for
proposed storm water management features at the project site (i.e., bio-
retention facility, storm water detention basin). All features shall be
maintained and funded by the local homeowners' association (HOA). The
maintenance protocols shall address both routine and non -routine
maintenance activities and shall explicitly identify monitoring and
reporting requirements. These protocols shall include an estimate of annual
monitoring and maintenance costs.
* 8. The location, design and number of grouped mailbox structures serving the
project shall be subject to review and approval by the Danville
Development Services Department and the local Postmaster.
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9. The project homeowner's association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all common landscape areas and common fencing. Draft project CC&Rs
shall be submitted to the Town of Danville for review and approval a
minimum of 45 days prior to approval of the Final Map.
10. Project CC&Rs shall include a requirement that residents maintain garages
to accommodate two vehicles as intended. The CC&Rs shall include an
effective enforcement mechanism.
APPROVED by the Danville Planning Commission at a regular meeting on January 23,
2024, by the following vote:
AYES: Bowles, Combs, Graham, Palandrani, Radich, Trujillo
NOES: Houlihan
ABSTAINED: None
ABSENT: None
DocuSigned by:
P 1 g�L
Chair
APPROVED AS TO FORM:
DocuSigned by: DocuSigned by:
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City Attorney Chief of Planning
PAGE 21 OF RESOLUTION NO.2024-02