HomeMy WebLinkAbout101524-06.4 ADMINISTRATIVE STAFF REPORT 6.4 TO: Mayor and Town Council October 15, 2024 SUBJECT: Resolution No. 70-2024, approving Subdivision Map and Subdivision Improvement Agreement for Borel Property, SD 9594, located at 3020 Fostoria Way (APN: 218-090-034) BACKGROUND On January 23, 2024, the Planning Commission approved Subdivision SD 9594, Development Plan DEV 22-0009, and Tree Removal TR 24-0003 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 44 for-rent units. The site is located at 3020 Fostoria Way and is also known as the Borel property. The property owner is TH Danville Camino Ramon LLC. The project is Statutorily Exempt from the requirements of the California Environmental Quality Act (CEQA). 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. Approving Subdivision Map, 2 October 15, 2024 Subdivision Improvement Agreement SD 9594, 3020 Fostoria Wy RECOMMENDATION Adopt Resolution No. 70-2024, approving Subdivision Map and Subdivision Improvement Agreement for Borel Property, SD 9594, located at 3020 Fostoria Way. (APN: 218-090-034) Prepared by: Mark Rusch Civil Engineering Associate Reviewed by: Diane J. Friedmann Development Services Director Attachments: A – Resolution No. 70-2024 B – Subdivision Map C - Subdivision Improvement Agreement D – Location Map E – Conditions of Approval c: Subdivider: TH Danville Camino Ramon LLC 3001 Bishop Dr. #100 San Ramon, CA 94583 Engineer: MacKay & Somps 5142 Franklin Dr. Suite B Pleasanton, CA 94588 RESOLUTION NO. 70-2024 APPROVING SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR BOREL PROPERTY, SD 9594, LOCATED AT 3020 FOSTORIA WAY WHEREAS, the Danville Planning Commission previously approved the Major Subdivision SD 9594, Development Plan DEV22-0009, and the Tree Removal TR 24-0003 requests (APN: 218-090-034) through Resolution 2024-02; and WHEREAS, TH Danville Camino Ramon 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. Docusign Envelope ID: 8DC145C4-B1A7-42B3-B9C2-7B3DB38ED36A ATTACHMENT A PAGE 2 OF RESOLUTION NO. 70-2024 APPROVED by the Danville Town Council at a regular meeting on October 15, 2024, by the following vote: AYES: NOES: ABSTAINED: ABSENT: ________________________________ MAYOR APPROVED AS TO FORM: ATTEST: _____________________________ ________________________________ CITY ATTORNEY CITY CLERK Docusign Envelope ID: 8DC145C4-B1A7-42B3-B9C2-7B3DB38ED36A OWNER'S STATEMENT: THE UNDERSIGNED, DOES HEREBY STATE THAT THEY ARE THE OWNER OF ALL THE LANDS DELINEATED AND EMBRACED WITHIN THE BOUNDARY LINES UPON THE HEREIN EMBRACED FINAL MAP ENTITLED: "SUBDIVISION 9594”, CONSISTING OF SEVEN (7) SHEETS, THIS STATEMENT BEING ON SHEET ONE (1) THEREOF; THAT THEY HAVE CAUSED SAID MAP TO BE PREPARED FOR RECORD AND DO CONSENT TO THE MAKING AND RECORDATION OF SAID MAP, THAT SAID MAP DOES PARTICULARLY SET FORTH AND DESCRIBE ALL PARCELS OF LAND SO RESERVED FOR PUBLIC PURPOSES BY THEIR BOUNDARY COURSES AND EXTENT. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED IN FEE TO THE TOWN OF DANVILLE FOR PUBLIC PURPOSES: 1. THE AREA DESIGNATED AS "PARCEL M" AS SHOWN UPON SAID MAP AS RIGHT OF WAY. THE REAL PROPERTY DESCRIBED BELOW IS DEDICATED AS EASEMENTS FOR PUBLIC PURPOSES: 1. THE AREAS DESIGNATED AS EMERGENCY VEHICLE ACCESS EASEMENT (EVAE) AS SHOWN UPON SAID MAP, FOR THE PURPOSE OF INGRESS AND EGRESS OF EMERGENCY VEHICLES AND EQUIPMENT. 2. THE AREAS DESIGNATED AS PUBLIC UTILITY EASEMENT (PUE), AS SHOWN UPON SAID MAP, ARE HEREBY DEDICATED AS EASEMENTS TO THE PUBLIC FOREVER, WITH THE RIGHT OF INGRESS AND EGRESS, FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING APPLICABLE UTILITY STRUCTURES, AND ALL APPURTENANCES THERETO, UNDER , UPON AND OVER SAID AREAS OR STRIPS OF LAND. SAID AREAS OR STRIPS OF LAND ARE TO BE KEPT OPEN AND FREE FROM BUILDINGS AND STRUCTURES OF ANY KIND, EXCEPT APPLICABLE UTILITY STRUCTURES AND APPURTENANCES. THE AREA MARKED EBMUD IS DEDICATED TO EAST BAY MUNICIPAL UTILITY DISTRICT (EBMUD) AS A PERPETUAL EASEMENT FOR THE PURPOSE OF CONSTRUCTING, REPLACING, MAINTAINING, OPERATING AND USING ANY FACILITIES NECESSARY FOR THE TRANSMISSION OF UTILITIES, AND ALL NECESSARY FIXTURES, INCLUDING UNDERGROUND TELEMETRY AND ELECTRICAL CABLES OR APPURTENANCES THERETO, IN, UNDER, ALONG AND ACROSS SAID EASEMENT. TOGETHER WITH THE RIGHT OF INGRESS TO AND EGRESS FROM SAID EASEMENT AND THE RIGHT AT ALL TIMES TO ENTER IN, OVER AND UPON SAID EASEMENT AND EVERY PART THEREOF. THE EASEMENT AREA MAY BE LANDSCAPED IN A MANNER CONSISTENT WITH EAST BAY MUNICIPAL UTILITY DISTRICT'S USE; HOWEVER, NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NO TREES MAY BE PLANTED WITHIN THE EASEMENT AREA AND NO CHANGES MAY BE MADE TO THE EXISTING SURFACE ELEVATION (GRADE) OF THE EASEMENT AREA BY MORE THAN ONE (1) FOOT, NOR SHALL ANYTHING BE DONE THEREON WHICH MAY INTERFERE WITH EAST BAY MUNICIPAL UTILITY DISTRICT'S FULL ENJOYMENT OF SAID EASEMENT. EBMUD SHALL ACCEPT THIS EASEMENT BY SEPARATE INSTRUMENT. THE UNDERSIGNED DOES HEREBY RESERVE PARCEL L FOR FUTURE DEDICATION TO CENTRAL CONTRA COSTA COUNTY FLOOD CONTROL DISTRICT (CCCFCD) BY SEPARATE INSTRUMENT SUBSEQUENT TO THE FILING OF THIS MAP. THE AREA MARKED SANITARY SEWER EASEMENT, OR SSE, IS OFFERED FOR DEDICATION TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) OR ITS SUCCESSORS OR ASSIGNS IN GROSS, AS AN EXCLUSIVE SUBSURFACE EASEMENT (OR AS NONEXCLUSIVE SUBSURFACE EASEMENT, WHERE INDICATED) AND NONEXCLUSIVE SURFACE EASEMENT FOR THE RIGHT TO CONSTRUCT, RECONSTRUCT, RENEW, ALTER, OPERATE, MAINTAIN, REPLACE (WITH THE INITIAL OR OTHER SIZE) AND REPAIR SUCH SEWER LINE OR LINES AS CCCSD SHALL FROM TIME TO TIME ELECT FOR CONVEYING SEWAGE OR RECYCLED WATER, AND ALL NECESSARY MAINTENANCE ACCESS STRUCTURES, LATERALS AND APPURTENANCES THERETO, OVER AND WITHIN SUCH EASEMENT AREA, TOGETHER WITH THE FREE RIGHT OF INGRESS, EGRESS, AND EMERGENCY ACCESS TO SAID EASEMENT OVER AND ACROSS THE REMAINING PORTION OF THE OWNER'S PROPERTY, PROVIDED THAT SAID RIGHTS OF INGRESS, EGRESS AND EMERGENCY ACCESS SHALL BE LIMITED TO ESTABLISHED ROADWAYS, PATHWAYS, AVENUES OR OTHER ROUTES TO THE EXTENT POSSIBLE AND AS REASONABLY NECESSARY FOR THE PROPER USE OF THE RIGHTS GRANTED HEREIN. THIS OFFER OF DEDICATION ALSO INCLUDES THE RIGHT TO CLEAR OBSTRUCTIONS AND VEGETATION FROM THE EASEMENT AS MAY BE REQUIRED FOR THE PROPER USE OF THE OTHER RIGHTS GRANTED HEREIN. THE OWNER RESERVES THE RIGHT TO LANDSCAPE OR MAKE SUCH OTHER USE OF THE LANDS INCLUDED WITHIN THE EASEMENTS WHICH ARE CONSISTENT WITH CCCSD'S USE; HOWEVER, SUCH USE BY THE OWNER SHALL NOT INCLUDE THE PLANTING OF TREES OR CONSTRUCTION OF PERMANENT STRUCTURES, INCLUDING BUT NOT LIMITED TO HOUSES, GARAGES, OUTBUILDINGS, SWIMMING POOLS, TENNIS COURTS, RETAINING WALLS, DECKS, PATIOS, ENGINEERED DRAINAGE FACILITIES (BIO-SWALES) OR OTHER ACTIVITY WHICH MAY INTERFERE WITH CCCSD'S ENJOYMENT OF THE EASEMENT RIGHTS GRANTED HEREIN. MAINTENANCE ACCESS STRUCTURES (MANHOLES, RODDING INLETS, ETC.) CONSTRUCTED WITHIN THE EASEMENT SHALL NOT BE COVERED BY EARTH OR OTHER MATERIAL AND SHALL REMAIN IN AN EXPOSED AND ACCESSIBLE CONDITION AT ALL TIMES FOR ROUTINE AND/OR EMERGENCY MAINTENANCE THAT MAY BE DEEMED NECESSARY BY CCCSD FROM TIME TO TIME. CCCSD, AND ITS SUCCESSORS OR ASSIGNS, SHALL INCUR NO LIABILITY WITH RESPECT TO SUCH OFFER OF DEDICATION, AND SHALL NOT ASSUME ANY RESPONSIBILITY FOR THE OFFERED EASEMENTS OR ANY IMPROVEMENTS THEREON OR THEREIN, UNTIL SUCH OFFER HAS BEEN ACCEPTED BY THE APPROPRIATE ACTION OF CCCSD, OR ITS SUCCESSORS OR ASSIGNS. FURTHER, THE OWNER SHALL INDEMNIFY, DEFEND, SAVE AND HOLD HARMLESS CCCSD FROM ANY LIABILITY WITH RESPECT TO THE EASEMENTS, PRIOR TO THE FORMAL ACCEPTANCE OF SAID EASEMENTS BY APPROPRIATE ACTION OF CCCSD. THE AREA DESIGNATED AS PARCELS H, I, AND K ARE DESIGNATED AS STORM TREATMENT FACILITY EASEMENT (STFE) AND ARE FOR THE EXCLUSIVE PURPOSE TO COLLECT AND TREAT STORMWATER AND FOR HOUSING THE RELATED IMPROVEMENTS AND APPURTENANCES ASSOCIATED WITH THE STORMWATER TREATMENT FACILITIES APPROVED ON THE STORMWATER CONTROL PLAN FOR THIS PROPERTY. EASEMENT RIGHTS INCLUDE CONSTRUCTION, ACCESS, AND MAINTENANCE FOR THESE IMPROVEMENTS.THE CONSTRUCTION OF BUILDINGS OR STRUCTURES, OR THE INTRODUCTION OF OTHER ACTIVITY WHICH MAY INTERFEREWITH THE PLANNED PERFORMANCE OF THE STORMWATER TREATMENT FACILITIES IS STRICTLY PROHIBITED UNLESS SPECIFICALLY APPROVED IN ADVANCE BY THE DANVILLE DEVELOPMENT SERVICES DEPARTMENT. IN ADDITION, THE DEVELOPMENT RIGHTS WITHIN SAID STFE'S ARE HEREBY OFFERED IN DEDICATION TO THE TOWN OF DANVILLE. ONGOING MAINTENANCE WITHIN SAID STFE'S SHALL BE PERFORMED BY THE PROJECT HOMEOWNERS ASSOCIATION AS STATED IN THE ASSOCIATED RECORDED OPERATION AND MAINTENANCE AGREEMENT. AND THE UNDERSIGNED DOES HEREBY RESERVE TO ITSELF AND TO THE OTHERS, RESIDENTS, CUSTOMERS AND OTHERS DESIGNATED BY THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 9594, THE AREAS MARKED AS PRIVATE ACCESS EASEMENT (PRAE) AS SHOWN UPON SAID MAP. SAID EASEMENTS ARE FOR THE PURPOSE OF BUT NOT LIMITED TO, PRIVATE INGRESS AND EGRESS, PRIVATE STREETS, PRIVATE UTILITIES, PRIVATE STORM DRAINS, OVERLAND DRAINAGE RELEASE, LANDSCAPING AND ALL APPURTENANCES. MAINTENANCE OF SAID PRIVATE ACCESS WAYS IS TO BE THE RESPONSIBILITY OF THE HOMEOWNER'S ASSOCIATION GOVERNING SUBDIVISION 9594, ALL IN ACCORDANCE WITH THE SUBDIVISION RESTRICTIONS GOVERNING SUBDIVISION 9594. SAID EASEMENTS ARE NOT OFFERED FOR DEDICATION TO THE PUBLIC AND ARE TO BE CONVEYED TO THE HOMEOWNER'S ASSOCIATION GOVERNING SUBDIVISION 9594 BY SEPARATE INSTRUMENT. 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 CALIFORNIA } COUNTY OF } SS ON , 2024, BEFORE ME , A NOTARY PUBLIC, PERSONALLY APPEARED 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 BY HIS/HER/THEIR SIGNATURE(S) ON THE INSTRUMENT THE PERSON(S), OR 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: SIGNATURE: PRINTED NAME, NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE PRINCIPAL COUNTY OF BUSINESS: COMMISSION EXPIRES: COMMISSION # OF NOTARY: MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 COUNTY RECORDER'S STATEMENT: FILED FOR RECORD THIS DAY OF , 2024 AT M., IN BOOK OF MAPS AT PAGES THROUGH , UNDER SERIES NO. AT THE REQUEST OF FIRST AMERICAN TITLE COMPANY IN THE OFFICE OF THE COUNTY RECORDER OF THE CONTRA COSTA COUNTY, STATE OF CALIFORNIA. FEE: $_____________ _______________________________________ KRISTIN B. CONNELLY COUNTY RECORDER IN AND FOR THE CONTRA COSTA COUNTY, STATE OF CALIFORNIA BY: OWNER'S STATEMENT (CONTINUED): THE UNDERSIGNED DOES HEREBY RESERVE PARCEL J FOR FUTURE DEDICATION TO THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 9594 BY SEPARATE INSTRUMENT SUBSEQUENT TO THE FILING OF THIS MAP. THIS MAP SHOWS OR NOTES ALL EASEMENTS, EXISTING OR OF RECORD, WITHIN THE BOUNDARY LINES OF THE HEREIN EMBODIED MAP. IN WITNESS WHERE OF, THE UNDERSIGNED HAVE EXECUTED THIS STATEMENT ON THE ______ DAY OF _______________________, 2024. AS OWNERS: TH DANVILLE CAMINO RAMON LLC, A CALIFORNIA LIMITED LIABILITY COMPANY BY: NAME: TITLE: CLERK OF THE BOARD OF SUPERVISORS' STATEMENT: STATE OF CALIFORNIA } CONTRA COSTA COUNTY }SS I CERTIFY AS CHECKED BELOW THAT: □A TAX BOND ASSURING THE 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 CERTIFIED BY THE COUNTY REDEMPTION OFFICE. DATE: MONICA NINO CLERK OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA BY: STACY M. BOYD DEPUTY CLERK ATTACHMENT B MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 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 ORDINANCES AT THE REQUEST OF TRUMARK HOMES, IN FEBRUARY 2024. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED VESTING TENTATIVE MAP, AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND THAT ALL MONUMENTS WILL BE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED PRIOR TO THE ACCEPTANCE OF THE IMPROVEMENTS, THAT SAID MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I FURTHER STATE THAT "SUBDIVISION 9594, TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA" IS A SUBDIVISION INTO LOTS AND PARCELS OF LAND CONTAINING 5.05 ACRES, MORE OR LESS. DATED: , 2024 IAN BRUCE MACDONALD P.L.S. NO. 8817 CITY CLERK'S STATEMENT: STATE OF CALIFORNIA } CONTRA COSTA COUNTY }SS I, MARIE SUNSERI, CITY CLERK AND EX-OFFICIO CLERK OF THE CITY COUNCIL OF THE TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DO HEREBY STATE THAT THIS MAP ENTITLED: “SUBDIVISION 9594”, WAS PRESENTED TO THE TOWN COUNCIL AS PROVIDED BY LAW, AT A REGULAR MEETING THEREOF HELD ON THE DAY OF , 2024, AND THAT SAID TOWN COUNCIL DID THEREUPON APPROVE SAID MAP. I FURTHER STATE THAT SAID TOWN COUNCIL DID HEREBY ACCEPT, SUBJECT TO IMPROVEMENTS, ON BEHALF OF THE PUBLIC, THE FOLLOWING OFFERS OF DEDICATION SHOWN ON THIS MAP; SAID AREAS ARE CALLED OUT AS PUBLIC UTILITY EASEMENT (PUE), EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AND STORM TREATMENT FACILITY EASEMENT (STFE). IN WITNESS, WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF , 2024. NAME: MARIE SUNSERI CITY CLERK AND CLERK OF THE TOWN COUNCIL OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA BY: CITY CLERK CITY ENGINEER'S STATEMENT: I, STEVEN JONES, CITY ENGINEER OF THE TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA, DO HEREBY STATE THAT I HAVE EXAMINED THIS FINAL MAP ENTITLED “SUBDIVISION 9594”, AND THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME AS IT APPEARED ON THE APPROVED VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF, AND THAT ALL PROVISIONS OF THE STATE LAWS AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH. DATED: , 2024 STEVEN D. JONES, R.C.E. 69367 CITY ENGINEER OF THE TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA CITY SURVEYOR'S STATEMENT: I, BOB J. LEZCANO, ACTING CITY SURVEYOR FOR THE TOWN OF DANVILLE HEREBY STATE THAT I HAVE EXAMINED THIS MAP ENTITLED “SUBDIVISION 9594” AND I AM SATISFIED THAT THE MAP IS TECHNICALLY CORRECT. DATED: , 2024 BOB J. LEZCANO, L.S. 8514 ACTING CITY SURVEYOR OF THE TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA PLANNING STATEMENT: I HEREBY STATE THAT THE PLANNING COMMISSION OF THE TOWN OF DANVILLE, CONTRA COSTA COUNTY, STATE OF CALIFORNIA, HAS APPROVED THE TENTATIVE MAP OF THIS SUBDIVISION UPON WHICH THE FINAL MAP IS BASED. DATED:, 2024 KEVIN J. GAILEY CHIEF OF PLANNING TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA BUILDING OFFICIAL'S STATEMENT: A DESIGN-LEVEL GEOTECHNICAL INVESTIGATION, PREPARED BY CORNERSTONE EARTH GROUP, DATED MAY 19, 2021, REVISED JUNE 2, 2021, PROJECT NO. 01253.001.001, SIGNED BY TODD BRADFORD, PE, HAS BEEN RECEIVED AND 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. DATED:, 2024 GEORGE THOMAS CHIEF BUILDING OFFICIAL TOWN OF DANVILLE, CONTRA COSTA COUNTY, CALIFORNIA N26°07'33"W 450.15' BNDY PARCEL M PARCEL I N28°30'46"W 352.54' M-M 42 . 2 4 ' (R - 4 ) 22 ' 38 ' 20 ' 20 ' 10 ' 8' 2' 341.85' M-PL (314.89' (R-1) 341.885' (R-4)) 24 . 4 6 ' (R - 2 ) (R - 4 ) 10.68' M-PL 20 . 8 6 ' N8 7 ° 2 3 ' 0 8 " E 42 2 . 0 8 ' B N D Y PARCEL I N22°47'14"W 101.34' M-M (N22°47'17"W 101.35' (R-2)) N21°35'31"W 77.75' (N21°35'40"W 77.74' (R-2)) N26°07'33"W 215.47' M-TIE (215.50' (R-2)) 21 . 3 8 ' N22°47'49"W 468.14' (R-1)(46 9 . 1 1 ' ( R - 5 ) ) PARCEL M PARCEL J 5 8 9 2 1 6 15 PARCEL L 16 14 11 PARCEL C PARCEL I PARCEL D PARCEL G PARCEL H 12 PARCEL K 7 10 PARCEL B PARCEL E PARCEL F 13 PARCEL A 4 3 2.5" BRASS DISK "RCE8815"2.5" BRASS DISK "LS4354" (R-3) 2.5" BRASS DISK "LS4354" (R-3) 2.5" BRASS DISK "LS4354" (R-3)2.5" BRASS DISK "LS4354" (R-3) 1" BRASS DISK "CALTRANS" NO RECORD 2.5" BRASS DISK "LS2742" 2.5" BRASS DISK "LS2742" 2.5" BRASS DISK "RCE8815" (R-2) 1" IP OPEN NO REC. (3/4" IP (R-1)) (1.5" IP (R-4)) 1" IP OPEN NO REC. S81°28'10"W 0.64' PL TO IP N26°07'33"W 146.18' C5 N26°07'33"W 764.23' N65°18'16"E 131.64' N7 1 ° 5 1 ' 5 3 " E 2 0 1 . 3 2 ' N74°35'07"E 89.44' R=265.02'Δ=28°30'14"L=131.84'(R-1)N25°56'57"W 488.12' N74°35'07"E 85.01' N15°24'53"W 10.00' N15°24'53"W 10.00' N74°35'07"E 10.00' N28°30'46"W 352.54' M-M BASIS OF BEARINGS N28°30'46"W 291.01' M-M (291.00' (R-4)) N6 1 ° 2 9 ' 1 4 " E 2 4 9 . 1 4 ' M - T I E N27°20'46"W 343.29' M-M N63°53'54"E (R-5)(R-6) 1026.33' M-M (N63°53'11"E 1026.38' (R-2)(R-3)) N84°17'35"W(R) N11°38'54"W(R)N45°35'49"W(R) N63°59'32"E(R) N6 3 ° 5 2 ' 2 7 " E ( R ) N26°07'33"W 572.16' (572.07' (R-7)) N26°07'33"W 238.01' (238.09' (R-2)(R-3)) N76°22'10"E 140.46' M-M (140.56' (R-2)(R-3)) N8 7 ° 2 3 ' 0 8 " E 26 0 . 0 1 ' M - M (2 6 0 . 0 0 ' (R - 2 ) ( R - 3 ) ) N25°56'57"W 91.78' N6 3 ° 5 3 ' 5 4 " E 4 9 1 . 7 0 ' 68' 18'50'18' L5 L 6 L7 RR, SNF 4.51' M-TIE (4.48' (R-4)) RR, SNF (609.48' (R-5)) N22°27'00"W 609.68' 396.39' 213.29' (212.90' (R-5)) 46 4 . 3 2 ' ( R - 1 ) - 55 6 . 7 0 ' ( N 6 3 ° 5 3 ' 5 4 " E ( R - 5 ) N 6 3 ° 5 3 ' 1 1 " E 5 5 6 . 7 1 ' ( R - 1 ) ) N26°07'33"W 317.21' M-M (317.29' (R-2)(R-3)) SEE DETAIL B THIS SHEET RO W E A S E M E N T SE R I E S N O . 8 8 - 1 0 0 0 2 8 EX . 2 0 ' E B M U D E A S E M E N T BO O K 5 4 1 0 P G 4 5 0 N6 3 ° 5 3 ' 5 4 " E 8 5 2 . 8 2 ' M - T I E N26°06'06"W 31.01' M-TIE 2.5" BRASS DISK "LS4354" (R-3) (4 6 4 . 3 2 ' ( R - 1 ) 4 6 4 . 4 0 5 ' ( R - 4 ) ) N8 7 ° 2 3 ' 0 8 " E 4 2 2 . 0 8 ' B N D Y ( R - 1 ) N14°50'0 0 " W 3 3 5 . 5 9 ' B N D Y ( R - 1 ) R=930.09' Δ=7°57'49" L=129.27' BNDY (R-1) N22°47'49"W 304.32' BNDY N6 3 ° 5 2 ' 2 7 " E 4 7 5 . 9 9 ' B N D Y N26°07'33"W 172.90' BNDY R=40.00' Δ=75°31'21" L=52.72' BNDY N26°07'33"W 450.15' BNDY RO W E A S E M E N T SE R I E S 8 8 - 1 0 0 0 2 9 N22°47'49"W 163.82' 579.90' (580.23' (R-1)(R-8)) PARCEL M N49°44'06"E(R) 127.56' (N49°44'45"E 127.62' (R-4))N23°43'53"W 78.00' R=100.00' Δ=12°55'08" L=22.55' (Δ=12°55'15" (R-4)) 338.78' M-TIE N62°39'14"E(R) 33.00' 34.13' 2.5" BRASS DISK "LS2742" 2.5" BRASS DISK "LS2742" SEE DETAIL C THIS SHEET SEE DETAIL A THIS SHEET PARCEL G PARCEL H 12 PA R C E L K 7 10 PA R C E L B PARCEL E PARCEL F 13 PARCEL J 5 8 9 2 16 15 PARCEL L 16 14 11 PARCEL C PARCEL I PARCEL D PA R C E L A 4 3 N26°07'33"W 572.11' M-M 2 2 ' 38 ' (N27°20'00"W (343.30' (R-4)) (R-1)(R-8) N25°12'21"W 49.98' N25°12'21"W 77.32' 18'50' 13 8 . 9 2 ' N25°56'57"W 50.00' 15 4 . 0 4 ' (764.37'(R-7)) C 3 C 4 55 9 . 8 6 ' M - T I E N47°30'38"W(R) N59°30'11"W(R) N66°00'00"W(R) N6 3 ° 5 3 ' 5 4 " E 65 . 0 1 ' L1 C 1 L3(R) C2 L2 N26°07'33"W 99.86' M-M (100.00' (R-3)) N26°07'33"W 572.11' M-M (572.07' (R-3)) N82°09'03"E(R) N65°13'55"W(R) L4 R=530.00' Δ=5°43'45" L=53.00' R=470.00' Δ=5°43'45" L=47.00'25 ' 10 ' 7' 15 ' 3'22 ' 22 ' N23°15'36"W 49.27' M-M (49.20' (R-3)) N23°15'36"W 50.73' M-M (50.80' (R-3)) 38 ' 38 ' (764.37'(R-7))N26°07'33"W 764.23' N26°07'33"W 572.16' (Δ=5°43'55" L=47.02' (R-7))(Δ=5°43'55" L=53.02' (R-7)) 49.86'50.00' N63°53'54"E 3.00' N45°50'26"W 193.74' M-M (N45°50'00"W 193.755' (R-4)) N1°05'16"W 139.36' M-M (139.32' (R-4)) Line Table Line # L1 L2 L3 L4 L5 L6 L7 Bearing N26°06'25"W N63°53'35"E N63°52'51"E N26°07'33"W N65°31'28"W N24°28'32"E N65°31'28"W Length 18.00' 10.00' 1.26' 11.88' 28.54' 30.00' 29.99' N72°17'06"E 0.14' M-TIE N7 6 ° 2 2 ' 1 0 " E 14 0 . 4 6 ' M - T I E N26°07'33"W 317.21' M-TIE N26°07'33"W 215.47' M-TIE (215.50' (R-2)) Curve Table Curve # C1 C2 C3 C4 C5 Radius 20.00' 25.00' 265.02' 265.02' 45.00' Delta 90°00'44" 32°37'02" 18°17'35" 11°59'33" 70°24'39" Length 31.42' 14.23' 84.61' 55.47' 55.30' BASIS OF BEARINGS: THE BEARING OF NORTH 28°30'46" WEST AS SHOWN BETWEEN FOUND MONUMENTS ON CAMINO RAMON, AS SHOWN ON SUBDIVISION 9594 FILED IN BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS. REFERENCES: (R-1)RECORD OF SURVEY, BOOK 75 OF L.S.M. AT PAGE 13, CONTRA COSTA COUNTY RECORDS (R-2)SUBDIVISION 6806, BOOK 319 OF MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS (R-3)SUBDIVISION MS 851-88, BOOK 139 OF PARCEL MAPS AT PAGES 25-26, CONTRA COSTA COUNTY RECORDS (R-4)SUBDIVISION 3537, BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS (R-5)CALTRANS RIGHT OF WAY MAPS R-86A.15B, R-86A.16 AND R-86A.17 (R-6)SUBDIVISION 7055, BOOK 319 OF MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS (R-7)DOC. NO. 88-100029, CONTRA COSTA COUNTY RECORDS (R-8)DOC. NO. 2014-0086226, CONTRA COSTA COUNTY RECORDS 2.5" BRASS DISK "LS2742" 2.5" BRASS DISK "RCE8815" (R-2) MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 PARCEL C 16 PARCEL M RO W E A S E M E N T SE R I E S N O . 88 - 1 0 0 0 2 8 EX . 2 0 ' E B M U D E A S E M E N T BO O K 5 4 1 0 P G 4 5 0 RO W E A S E M E N T SE R I E S N O . 88 - 1 0 0 0 2 8 PA R C E L K (1 4 0 . 5 6 ' (R - 2 ) ( R - 3 ) ) (317.29' (R-2)) (Δ=70°31'44" L=343.30' (R-7)) (30.00' (R-7)) (11.99' (R-7)) R=530.00'Δ=9°03'51"L=83.85' N8 7 ° 2 3 ' 0 8 " E 4 2 2 . 0 8 ' B N D Y N26°07'33"W 450.15' BNDY 11834± SF PARCEL M 42 2 . 0 8 ' N26°07'33"W 213.55' (T) 187.21'42 2 . 0 8 ' 32632± SF 16 9991± SF 8 6974± SF 15 14 8922± SF STFE PARCEL I N6 3 ° 5 2 ' 2 7 " E 39 . 0 8 ' N6 3 ° 5 2 ' 2 7 " E 33 . 7 8 ' N26°07'33"W 22.50'1.67' 80 . 3 3 ' N26°07'33"W 3.00' N6 3 ° 5 2 ' 2 7 " E 19 . 8 3 ' 16.00' N6 3 ° 5 2 ' 2 7 " E 1 8 7 . 0 8 ' ( T ) N6 3 ° 5 2 ' 2 7 " E 1 7 2 . 2 3 ' ( T ) 11 6 . 2 3 ' 3.00' N63°52'27"E 11.50' N26°07'33"W 21.00' N6 3 ° 5 2 ' 2 7 " E 6 7 . 0 0 ' N26°07'33"W 24.50' 57.00' N6 3 ° 5 2 ' 2 7 " E 1 1 6 . 2 3 ' 60.00' R=19.00' Δ=57°21'47" L=19.02' 176.00' N6 3 ° 5 2 ' 2 7 " E 5 7 . 0 0 ' 160.00' N26°07'33"W 345.50' N26°07'33"W 326.50' 30.08' N26°07'33"W 352.00'(T) - N6 3 ° 5 2 ' 2 7 " E 8 2 . 0 0 ' ( T ) N26°07'33"W 60.00' (T) 324.00' N26°07'33"W 104.66' (T) N58°45'46"W(R) 390.50' N26°07'33"W 390.50' M-M 19.5' 11.5'19.5' 11.5' 22.5' 27.5' 11.50' M-PL 345.50' PL-PL 17 . 6 2 ' PL - P L N6 3 ° 5 2 ' 2 7 " E 1 9 7 . 0 4 ' M - M 16 0 . 0 0 ' M - P L 19.41' M-PL 13707± SF PARCEL K 19' 43.5'30.5' 8' 43.5'30.5' N6 3 ° 5 2 ' 2 7 " E 9 8 . 0 0 ' M - M 16757± SF PRAE, EBMUD, PUE, EVAE PARCEL D N26°07'33"W 320.00' N26°07'33"W 320.00' (T)352.00' PL-PL11.50' M-PL N26°07'33"W 390.50' M-M N08°44'17"E(R) 9 345.50' N6 3 ° 5 2 ' 2 7 " E 96 . 1 0 ' M - M 17 ' 5' 7908± SF PRAE, EBMUD, PUE, SSE, EVAE PARCEL E PARCEL M 8 15 16 14 PARCEL C PARCEL I PARCEL D PARCEL K PARCEL E 17195± SF PRAE, EBMUD, SSE, PUE, EVAE PARCEL C 24 . 5 0 ' 24 . 0 0 ' N62°37'27"E(R) N63°35'58"E(R) R=470.00'Δ=11°27'04"L=93.93'(T)C1 C2 N28°30'46"W 29.11' (T) 9.69'19.42'Δ=9°20'20"L=76.61' R=19.50' Δ=55°08'10" L=18.76' 4.5' EBMUD 10 0 . 0 8 ' 48 . 2 5 ' 5.5' EBMUD 2' 14 . 5 ' PUE 40 ' 44.66' 25 . 7 5 ' 13 . 3 5 ' 25 . 5 ' S S E 324.50' 5.5' EBMUD N26°07'33"W 172.90' BNDYN26°07'33"W 213.55' (T) 187.21' 6 N6 3 ° 5 2 ' 2 7 " E 5 7 . 0 0 ' 5.50' 176.00' N6 3 ° 5 2 ' 2 7 " E 23 . 5 0 ' R=40.00' Δ=75°31'21" L=52.72' BNDY N6 3 ° 5 2 ' 2 7 " E 7 6 . 6 6 ' 29.57'390.50' N6 3 ° 5 2 ' 2 7 " E 18 5 . 6 3 ' M - T I E 8.00' TIE-PL 1.06' PL-PL 147.63' M-PL N63°52'27"E(R) 28 . 9 4 ' P L - P L 33.50' M-PL N50°38'28"E(R) Δ=13°13'59" L=9.24'Δ =6 2 °1 7 '2 2 " L =4 3 .4 9 ' N26°07'33"W 215.47' M-TIE 309.97' M-TIE N11°38'54"W(R) PARCEL H 160.00' N26°07'33"W 320.00' C4 27.00' M-PL N60°59'23"W(R) N06°30'40"E(R) 6.50' 17 ' 5' 10 9991± SF 7 N6 3 ° 5 2 ' 2 7 " E 1 3 8 . 5 8 ' ( T ) PRAE, EBMUD, PUE, EVAE PARCEL B PARCEL M 5 6 16 PARCEL D 7 PARCEL E N26°07'33"W 5.50' N6 3 ° 5 2 ' 2 7 " E 4 8 . 5 0 ' 7.00'9.16' 24 . 5 0 ' 24 . 0 0 ' C3 7.24' TIE-TIE N26°07'33"W 317.21' M-TIE SEE DETAIL C SHEET 3 5.5' EBMUD 41 ' 37 . 4 ' 16' PU E 48 . 2 5 ' 25 . 7 5 ' 13 . 3 5 ' 25 . 5 ' S S E N6 3 ° 5 2 ' 2 7 " E 22 . 9 6 ' 2.00' 26.34' 13 . 9 0 ' 62 . 7 6 ' Curve Table Curve # C1 C2 C3 C4 Radius 470.00' 470.00' 19.50' 19.00' Delta 1°08'13" 0°58'31" 55°08'10" 57°21'47" Length 9.33' 8.00' 18.76' 19.02' Line Table Line # L1 L2 L3 Bearing N22°47'14"W N22°47'14"W N21°35'31"W Length 10.90' 90.44' 77.75' N28°30'46"W 352.54' M-TIE L1 M-M L2 M-M L3 M-M BASIS OF BEARINGS: THE BEARING OF NORTH 28°30'46" WEST AS SHOWN BETWEEN FOUND MONUMENTS ON CAMINO RAMON, AS SHOWN ON SUBDIVISION 9594 FILED IN BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS. REFERENCES: (R-1)RECORD OF SURVEY, BOOK 75 OF L.S.M. AT PAGE 13, CONTRA COSTA COUNTY RECORDS (R-2)SUBDIVISION 6806, BOOK 319 OF MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS (R-3)SUBDIVISION MS 851-88, BOOK 139 OF PARCEL MAPS AT PAGES 25-26, CONTRA COSTA COUNTY RECORDS (R-4)SUBDIVISION 3537, BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS (R-5)CALTRANS RIGHT OF WAY MAPS R-86A.15B, R-86A.16 AND R-86A.17 (R-6)SUBDIVISION 7055, BOOK 319 OF MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS (R-7)DOC. NO. 88-100029, CONTRA COSTA COUNTY RECORDS (R-8)DOC. NO. 2014-0086226, CONTRA COSTA COUNTY RECORDS MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 SE E S H E E T 5 SEE SHEET 7 5 2 1 6 PARCEL H PARCEL A N6 3 ° 5 2 ' 2 7 " E 4 7 5 . 9 9 ' B N D Y N26°07'33"W 172.90' BNDY PARCEL M N26°07'33"W 213.55' STFE PARCEL I PRAE, EBMUD, PUE, EVAE PARCEL D 8659± SF 5 11026± SF 2 6745± SF 16601± SF 616 12325± SF STFE PARCEL H 7 10 19727± SF PRAE, EBMUD, PUE, EVAE PARCEL B PRAE, EBMUD, PUE, SSE, EVAE PARCEL E 11 0 . 5 8 ' 61.00' 11 0 . 5 8 ' N26°07'33"W 61.00' 18 0 . 7 5 ' 18 0 . 7 5 ' 86 . 4 2 ' 10 1 . 5 8 ' N6 3 ° 5 2 ' 2 7 " E 1 2 2 . 0 7 ' R=19.00' Δ=57°21'47" L=19.02'N26°07'33"W 28.74' R= 1 9 . 0 0 ' Δ=90 ° 0 0 ' 0 0 " L=2 9 . 8 5 ' R =1 9 .0 0 ' Δ =9 0 °0 0 '0 0 " L =2 9 .8 5 ' N26°07'33"W 28.74' R =19.00' Δ = 57°21'47"L=19.02' N6 3 ° 5 2 ' 2 7 " E 1 3 8 . 5 8 ' 6.50' N6 3 ° 5 2 ' 2 7 " E 4 8 . 5 0 ' 5.50' N6 3 ° 5 2 ' 2 7 " E 23 . 5 0 ' N26°07'33"W 5.50' 14.34'21.21' 96 . 6 6 ' R=19.00' Δ =57°21'47" L=19.02' N26°07'33"W 28.74' R =1 9 .0 0 ' Δ =9 0 °0 0 '0 0 " L =2 9 .8 5 ' 63.74' N26°07'33"W 345.50' (T) N26°07'33"W 146.74'(T) - N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' ( T ) N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' ( T ) 40 . 0 0 ' 21 . 0 0 ' N26°07'33"E(R) N26°07'33"W(R) N06°30'40"E(R) N58°45'46"W(R) N58°45'46"W(R) N26°07'33"E(R) N6 3 ° 5 2 ' 2 7 " E 1 1 7 . 8 7 ' N6 3 ° 5 2 ' 2 7 " E 7 6 . 6 6 ' N26°07'33"W 176.00' N6 3 ° 5 2 ' 2 7 " E 1 8 5 . 6 3 ' M - T I E N26°07'33"W 81.74' M-M 33.50' M-PL N26°07'33"W 390.50' M-M N6 3 ° 5 2 ' 2 7 " E 9 8 . 0 0 ' M - M 27.00' M-PL N26°07'33"W 390.50' M-M N6 3 ° 5 2 ' 2 7 " E 5 5 . 0 8 ' M - M N6 3 ° 5 2 ' 2 7 " E 1 5 3 . 0 8 ' M - M N6 3 ° 5 2 ' 2 7 " E 1 2 6 . 4 2 ' M - P L 70.74' M-PL 11.00' M-PL 24 . 5 0 ' 24 . 0 0 ' 14 7 . 6 3 ' M - P L R=40.00' Δ=75°31'21" L=52.72' BNDY 11.00'11.00' 11'11' 11'11' 11'11' 11 ' 11 ' 2'2' 35.5'7' 33.5' 39'7' 33.5' 33.5'7' 27' 7'27' 7'27' 7.00'9.16' 51 . 2 3 ' 48 . 2 5 ' 4. 5 ' E B M U D 4. 5 ' EB M U D 12 . 2 1 ' 5' EBMUD 66.38'13.50'66.86' 5' EBMUD 3.74' N26°07'33"W 352.00' (T) 324.00' 25 . 7 5 ' 13 . 3 5 ' PA R C E L H 95 0 6 ± S F PA R C E L A PR A E , E B M U D , PU E , S S E , E V A E N6 3 ° 5 2 ' 2 7 " E 22 . 9 6 ' 2.00'324.50' N26°07'33"W 326.50' 30.5' SSE 30.5' SSE 7.1' PUE 4. 5 ' PU E 8' 7' 6.5' PUE PARCEL B 12 3 . 1 3 ' 10.00' 11 . 7 5 ' 25 . 8 4 ' SSE SS E 33.5' 12.00' 13.5' PUE 2' PU E 76.38'13.50'12.69'42.42'11.75' 4. 5 ' E B M U D 4. 5 ' PU E 3.74'11.75'11.14' 29 . 9 0 ' 11 . 7 5 ' 42 . 8 3 ' 7.1' PUE 13.88'11.75'N26°07'33"W 61.00' 5' EBMUD 3 BASIS OF BEARINGS: THE BEARING OF NORTH 28°30'46" WEST AS SHOWN BETWEEN FOUND MONUMENTS ON CAMINO RAMON, AS SHOWN ON SUBDIVISION 9594 FILED IN BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS. REFERENCES: (R-1)RECORD OF SURVEY, BOOK 75 OF L.S.M. AT PAGE 13, CONTRA COSTA COUNTY RECORDS (R-2)SUBDIVISION 6806, BOOK 319 OF MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS (R-3)SUBDIVISION MS 851-88, BOOK 139 OF PARCEL MAPS AT PAGES 25-26, CONTRA COSTA COUNTY RECORDS (R-4)SUBDIVISION 3537, BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS (R-5)CALTRANS RIGHT OF WAY MAPS R-86A.15B, R-86A.16 AND R-86A.17 (R-6)SUBDIVISION 7055, BOOK 319 OF MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS (R-7)DOC. NO. 88-100029, CONTRA COSTA COUNTY RECORDS (R-8)DOC. NO. 2014-0086226, CONTRA COSTA COUNTY RECORDS MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 SE E S H E E T 4 SEE SHEET 6 PARCEL J SEE SHEET 4 51 . 2 3 ' ( T ) N26°07'33"W 352.00'(T) - 7.00' N67°12'11"E 5.00' PARCEL J 11 PARCEL G 10 PARCEL B 4 3 R=930.09'Δ=7°57'49"L=129.27'BNDY N22°47'49"W 304.32' BNDY N6 3 ° 5 2 ' 2 7 " E 4 7 5 . 9 9 ' B N D Y N14°50'00"W 77.56' BNDY PARCEL J 10447± SF 10 19727± SF PRAE, EBMUD, PUE, EVAE PARCEL B 10919± SF PRAE, EBMUD, PUE, EVAE PARCEL G 12 10943± SF 11 5 2 14 0 . 7 6 ' N26°07'33"W 61.00' 14 0 . 7 6 ' R=16.00' Δ=90°00'00" L=25.13' N26°07'33"W 38.99' (T) R=19.00' Δ=57°21'47" L=19.02' N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' ( T ) 43 . 1 3 ' N6 3 ° 5 2 ' 2 7 " E 1 2 3 . 0 9 ' ( T ) 79 . 6 7 ' N26°07'33"W 35.69' N6 3 ° 5 2 ' 2 7 " E 5 9 . 3 8 ' 19.00' 8. 5 8 ' N6 3 ° 5 2 ' 2 7 " E 13 8 . 5 8 ' ( T ) R=19.00' Δ =57°21'47"L=19.02' N26°07'33"W 28.74' R=19.00' Δ=90°00'00" L=29.85' N7 1 ° 5 4 ' 3 8 " E ( R ) 5 9 . 6 7 ' N15°15'5 8 " W 1 4 0 . 7 8 ' N22°03'39"W 132.82' 13.19' 11.52' 176.00' N6 3 ° 5 2 ' 2 7 " E 5 9 . 5 8 ' N26°07'33"W 320.00' 160.00' R=896.09'Δ=7°57'49"L=124.55' N22°47'49"W 99.60' R=926.09'Δ=7°57'49"L=128.72' 176.00' N18°48'54"W 1 2 5 . 9 1 ' M - M N22°47'49"W 94.12' M-M N6 3 ° 5 2 ' 2 7 " E 1 0 9 . 1 7 ' M - M N26°07'33"W 81.74' M-M N6 3 ° 5 2 ' 2 7 " E 1 5 2 . 5 9 ' M - P L N6 3 ° 5 2 ' 2 7 " E 15 3 . 0 8 ' M - M N6 3 ° 5 2 ' 2 7 " E 55 . 0 8 ' M - M 22.50' N83°29'20"W(R) N58°45'46"W(R) 70.74' M-PL 11.00' M-PL 30 . 5 0 ' 29 . 5 0 ' N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' ( T ) N6 3 ° 5 2 ' 2 7 " E 4 3 2 . 0 9 ' ( T ) N63°52'27"E 122.07' N14°50'00"W 79.12' M-M 27'7' 46'7'11' 11' 11'11' 19 . 5 ' 10 . 5 ' 10 . 5 ' 19 . 5 ' 19 . 5 ' 10 . 5 ' 12325± SF STFE PARCEL H 23.5'7' R =4 5 .0 0 ' Δ =9 2 °4 1 '3 3 " L =7 2 .8 0 ' N66°33'59"E(R) 11 SEE DETAIL E THIS SHEET 13 . 5 ' 11 . 5 ' 13 . 5 ' 11 . 5 ' 12 3 . 0 9 ' N26°07'33"W(R) N26°07'33"W(R) N22°47'49"W 94.12' N14°50'00"W 78.18' N60°59'23"W(R) R=19.50' Δ=55°08'10" L=18.76' 10 . 6 5 ' 32 . 0 0 ' 5.5' EBMUD N26°07'33"W 30.50' N60° 2 1 ' 5 0 " W 54.1 2 ' M - M 23.50' R=19.50' Δ=93°19'44" L=31.76' N6 3 ° 5 2 ' 2 7 " E 4 0 . 7 9 ' ( T ) 40 . 2 9 ' SEE DETAIL D THIS SHEETR=891.09' Δ=0°51'55" L=13.46' R=891.09' Δ=0°13'40" L=3.54' 5' E B M U D 5' EBMUD 5' EBMUD 61.00'11.00'11.00'63.74' N26°07'33"W 146.74' (T) 4. 9 ' E B M U D 8.04'14.00'16.95' 8586± SF 3 8770± SF 4 95 0 6 ± S F PA R C E L A N71°02'43"E(R) 5.00' N72°08'18"E(R) 5.00' PA R C E L H N75°10'00"E(R) 4.00' PARCEL B 314.00' PR A E , E B M U D , PU E , S S E , E V A E Δ=0°51'55" L=13.53' 30.5' SSE 54 . 8 8 ' 3.50' 22 . 5 ' S S E 22 . 5 ' S S E 22 . 5 ' S S E SSE SS E Δ=0°13'40" L=3.56' Δ=3°50'32"L=60.09' PUE 133.60' ESMT 9 0.29' N6 3 ° 5 2 ' 2 7 " E 12 3 . 0 9 ' N6 3 ° 5 2 ' 2 7 " E 43 . 1 3 ' R =4 5 .0 0 ' Δ =9 2 °4 1 '3 3 " L =7 2 .8 0 ' N26°07'33"W 30.50' PARCEL H PRAE, EBMUD, PUE, SSE, EVAE PARCEL B PRAE, EBMUD, PUE, SSE, EVAE PARCEL G N2 6 ° 0 7 ' 3 1 " W ( R ) 23.50'7.00' 40 . 2 9 ' 79 . 6 7 ' N6 3 ° 5 2 ' 2 7 " E 40 . 7 9 ' 0. 5 0 ' 11 R =1 9 .5 0 ' Δ =9 3 °1 9 '4 4 " L =3 1 .7 6 ' R=14.50' Δ=58°56'06" L=14.91' N26°07'33"W 13.50' N6 3 ° 5 2 ' 2 7 " E 20 . 0 0 ' N26°07'33"W 13.38' N6 3 ° 5 2 ' 2 7 " E 40 . 7 9 ' ( T ) Δ=6°27'05" L=2.20' R =1 9 .5 0 ' Δ =9 3 °1 9 '4 4 " L =3 1 .7 6 '(T ) 17 . 8 1 ' PUE 5' EBMUD 11 PRAE, EBMUD, PUE, SSE, EVAE PARCEL B PRAE, EBMUD, PUE, SSE, EVAE PARCEL G N19°40'28"W(R) Δ =5 8 °5 6 '0 6 "L =2 0 .0 6 ' N32°48'33"E(R) 5.00' N26°07'33"W(R) 5.00' BASIS OF BEARINGS: THE BEARING OF NORTH 28°30'46" WEST AS SHOWN BETWEEN FOUND MONUMENTS ON CAMINO RAMON, AS SHOWN ON SUBDIVISION 9594 FILED IN BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS. REFERENCES: (R-1)RECORD OF SURVEY, BOOK 75 OF L.S.M. AT PAGE 13, CONTRA COSTA COUNTY RECORDS (R-2)SUBDIVISION 6806, BOOK 319 OF MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS (R-3)SUBDIVISION MS 851-88, BOOK 139 OF PARCEL MAPS AT PAGES 25-26, CONTRA COSTA COUNTY RECORDS (R-4)SUBDIVISION 3537, BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS (R-5)CALTRANS RIGHT OF WAY MAPS R-86A.15B, R-86A.16 AND R-86A.17 (R-6)SUBDIVISION 7055, BOOK 319 OF MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS (R-7)DOC. NO. 88-100029, CONTRA COSTA COUNTY RECORDS (R-8)DOC. NO. 2014-0086226, CONTRA COSTA COUNTY RECORDS MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 SE E S H E E T 7 SEE SHEET 5 PARCEL E PRAE, EBMUD, PUE, SSE, EVAE 4 LO T 5 6 . 0 0 ' ( T ) Δ = 2 8 ° 1 7 ' 4 3 " L = 2 0 . 4 9 ' N75°10'00"E(R) 4.00' 9 PARCEL L 14 PARCEL G 12 PARCEL E PARCEL F 13 N8 7 ° 2 3 ' 0 8 " E 4 2 2 . 0 8 ' B N D Y N14°50'0 0 " W 3 3 5 . 5 9 ' B N D Y R=930.09' Δ=7°57'49" L=129.27' BNDY 235.42' 42 2 . 0 8 ' 22.61' 77.56' 13707± SF PARCEL K PRAE, EBMUD, PUE, EVAE PARCEL E 10919± SFPRAE, EBMUD, P U E , E V A E PARCEL G STFE PARCEL H 9356± SF 12 13806± SF PARCEL J 8 10446± SF 9 15 5491± SF PARCEL L 6276± SF 14 17195± SF PRAE, EBMUD, SSE,PUE, EVAE PARCEL C 129.26' N26°07'33"W 30.06' 23 . 4 4 ' 314.00' 28 . 9 9 ' N7 1 ° 5 4 ' 3 8 " E ( R ) 5 9 . 6 7 ' R=896.09'Δ=7°57'49"L=124.55' N1 3 ° 0 2 ' 0 6 " E 3 6 . 9 2 ' R=19.50' Δ=13°27'32" L=4.58' N26°07'33"W 142.12' 59 . 5 0 ' N26°07'33"W 134.45' N6 3 ° 5 2 ' 2 7 " E 39 . 0 9 ' ( T ) 21 . 0 0 ' N26°07'33"W 13.79' N6 3 ° 5 2 ' 2 7 " E 18 . 5 0 ' N26°07'33"W 20.00' 18 . 5 0 ' N26°07'33"W 100.66' 44.66' N6 3 ° 5 2 ' 2 7 " E 1 7 2 . 2 3 ' ( T ) R=4.00' Δ=90°00'00" L=6.28' 41 . 5 0 ' R=200.00' Δ=10°32'19" L=36.79' R=100.00'Δ=43°40'00" L=76.21' N23°00'00"W 50.00'R =10 0.00' Δ =13°0 0'00" L =2 2.69'N36°00'00"W 6 4 . 3 5 ' N63°52'27"E 116.23' R = 4 1 . 5 0 ' Δ = 5 0 ° 5 0 ' 2 1 " L = 3 6 . 8 2 ' N75°10'00"E 8.50' N14°50'0 0 " W 7 9 . 6 2 ' N6 3 ° 5 2 ' 2 7 " E 6 0 . 0 0 ' N26°07'33"W 104.66' (T) 19.00' N6 3 ° 5 2 ' 2 7 " E 1 8 7 . 0 8 ' ( T ) 42 . 5 0 ' N6 3 ° 5 2 ' 2 7 " E 5 2 . 4 3 ' N15°15'5 8 " W 1 4 0 . 7 8 ' N6 3 ° 5 2 ' 2 7 " E 8 0 . 5 0 ' ( T ) N 6 3 ° 3 0 ' 2 2 " W ( R ) N26°07'33"W 352.00'(T) - N26°07'33"W 320.00' (T) N6 3 ° 5 2 ' 2 7 " E 5 9 . 5 8 ' 176.00' 160.00' N26°07'33"W 390.50' M-M N6 3 ° 5 2 ' 2 7 " E 98 . 0 0 ' M - M N6 3 ° 5 2 ' 2 7 " E 9 6 . 1 0 ' M - M 11.50' M-PL N 6 1 ° 2 3 ' 1 8 " E 31 . 0 0 ' M - M N14°50'0 0 " W 7 9 . 1 2 ' M - M N18°48'54"W 1 2 5 . 9 1 ' M - M N79°52'19"W(R) R=926.09'Δ=7°57'49"L=128.72' 19' 11.5' 30.5' 19.5'11.5' N48°40'11"W(R) SEE DETAIL G THIS SHEET N26°07'33"W 19.00' 5.00' 3193± SF PUE, PRAE PARCEL F 8280± SF 13 8' 10 . 5 ' 19 . 5 ' 10 . 5 ' 19 . 5 ' N6 3 ° 5 2 ' 2 7 " E ( R ) 21 . 0 0 ' R=4.50' Δ=90°00'00" L=7.07' N14°50'0 0 " W 7 8 . 1 8 ' R=19.50' Δ=55°08'10" L=18.76' N08°44'17"E(R) 4.50' 9.00' 7.50' 31 . 5 9 ' 4' EBMUD 4.5' EBMUD N26°07'33"W 18.50' N1 3 ° 0 2 ' 0 6 " E 4 2 . 2 9 ' N1 3 ° 0 2 ' 0 6 " E 4 2 . 2 9 ' M - M N11°35'52"W 15.68' M-M 14' 14' 8' SEE DETAIL F THIS SHEET 5' E B M U D R=891.09' Δ=0°13'40" L=3.54' R=891.09' Δ=0°51'55" L=13.46' 51 . 2 3 ' 35 . 8 5 ' 5.5' EBMUD 43 ' Δ=5°28'38" L=3.97' Δ=17°04'00" L=12.36' N71°02'43"E(R) 5.00' N72°08'18"E(R) 5.00' PARCEL K 13 . 3 5 ' PARCEL K Δ=0°13'40" L=3.56' 22 . 5 ' S S E 22 . 5 ' S S E 22 . 5 ' S S E 21 ' S S E 11.52' Δ=3°01'42"L=47.36' Δ=0°51'55" L=13.53' 27' SSE 31' SSE 3.50' 10 PARCEL B N6 3 ° 5 2 ' 2 7 " E 5 9 . 3 8 ' 176.00' 11 N22°03'39"W 132.82' N26°07'33"W 35.69' 13.19'22.50' N76 ° 5 7 ' 5 4 " W ( R ) 2 2 . 0 0 ' - 8.0 0 ' 14. 0 0 ' N1 3 ° 0 2 ' 0 6 " E 42 . 2 9 ' M - M N11°35 ' 5 2 " W 15.68' M - M N1 3 ° 0 2 ' 0 6 " E 42 . 2 9 ' N13°02'06"E 36.92'12 P A R C E L L R=19.50' Δ=27°52'06"L=9.48' PRAE, EBMUD, PUE, EVAE PARCEL G P A R C E L K PRAE, EBMUD, PUE, EVAE PARCEL C R=41.50' Δ=27°10'41"L=19.69' N75°10'00"E 8.50' N75°51'25"E(R) N14°50'0 0 " W 79.12' M - M 1.07' N14°50'00"W 78.18' 35 . 8 5 ' 12 . 9 1 ' 19 . 0 7 ' N1 3 ° 0 2 ' 0 6 " E 36 . 9 2 ' ( T ) 3.45' 1.49' 15. 9 ' P U E 12 PRAE, EBMUD, PUE, EVAE PARCEL C PRAE, EBMUD, PUE, EVAE PARCEL G 5' E B M U D BASIS OF BEARINGS: THE BEARING OF NORTH 28°30'46" WEST AS SHOWN BETWEEN FOUND MONUMENTS ON CAMINO RAMON, AS SHOWN ON SUBDIVISION 9594 FILED IN BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS. REFERENCES: (R-1)RECORD OF SURVEY, BOOK 75 OF L.S.M. AT PAGE 13, CONTRA COSTA COUNTY RECORDS (R-2)SUBDIVISION 6806, BOOK 319 OF MAPS AT PAGE 3, CONTRA COSTA COUNTY RECORDS (R-3)SUBDIVISION MS 851-88, BOOK 139 OF PARCEL MAPS AT PAGES 25-26, CONTRA COSTA COUNTY RECORDS (R-4)SUBDIVISION 3537, BOOK 118 OF MAPS AT PAGE 30, CONTRA COSTA COUNTY RECORDS (R-5)CALTRANS RIGHT OF WAY MAPS R-86A.15B, R-86A.16 AND R-86A.17 (R-6)SUBDIVISION 7055, BOOK 319 OF MAPS AT PAGE 35, CONTRA COSTA COUNTY RECORDS (R-7)DOC. NO. 88-100029, CONTRA COSTA COUNTY RECORDS (R-8)DOC. NO. 2014-0086226, CONTRA COSTA COUNTY RECORDS MAY 2024 FOR CONDOMINIUM PURPOSES A SUBDIVISION OF THE LANDS OF EAST BAY REGIONAL PARK DISTRICT, DESCRIBED IN DOCUMENT NUMBER 2022-0021966, CONTRA COSTA COUNTY RECORDS TOWN OF DANVILLE CONTRA COSTA COUNTY, CALIFORNIA SUBDIVISION 9594 SEE SHEET 4 SE E S H E E T 6 ATTACHMENT C 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-A609-71D651281078 ATTACHMENT E PAGE 2 OF RESOLUTION NO. 2024-02 WHEREAS, as a site that was counted as a housing site necessary to meet the Town’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 Town’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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 3 OF RESOLUTION NO. 2024-02 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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 4 OF RESOLUTION NO. 2024-02 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. A. GENERAL 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 5 OF RESOLUTION NO. 2024-02 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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 6 OF RESOLUTION NO. 2024-02 * 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 7 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 8 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 9 OF RESOLUTION NO. 2024-02 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). DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 10 OF RESOLUTION NO. 2024-02 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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 11 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 12 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 13 OF RESOLUTION NO. 2024-02 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 Town’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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 14 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 15 OF RESOLUTION NO. 2024-02 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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 16 OF RESOLUTION NO. 2024-02 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 Town’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 DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 17 OF RESOLUTION NO. 2024-02 manner satisfactory to the Danville Development Services Department. * 5. To facilitate the Town’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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 18 OF RESOLUTION NO. 2024-02 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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 19 OF RESOLUTION NO. 2024-02 * 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 Town’s Stormwater Management and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction Best Management Practices (BMPs) for the site. For example, DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 20 OF RESOLUTION NO. 2024-02 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. DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078 PAGE 21 OF RESOLUTION NO. 2024-02 * 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 ______________________________ Chair APPROVED AS TO FORM: _______________________________ ______________________________ City Attorney Chief of Planning DocuSign Envelope ID: BFAF3030-B7EE-4AE5-A609-71D651281078