HomeMy WebLinkAbout2024-05 RESOLUTION NO. 2024-05
APPROVING DEVELOPMENT PLAN REQUEST DP24-0008, VESTING
TENTATIVE MAP FOR CONDOMINIUM PURPOSES REQUEST
MS861-24, AND TREE REMOVAL REQUEST TR24-0042 ALLOWING
THE DEVELOPMENT OF A 99-UNIT SENIOR CONDOMINIUM
PROJECT ON A 3.17 ACRE SITE LOCATED AT
425 EL PINTADO ROAD (APN: 200-040-012)
WHEREAS, ROBERT & LISA CURTICE AND RUSSELL DARBY (Owners) and 425 EP
INVESTMENTS, LLC (Applicant) have requested approval of a Development Plan
(DP24—0008) application to construct a 99-unit age restricted senior condominium
housing development; and
WHEREAS, a Vesting Tentative Map for Condominium Purposes (MS861-24) is also
proposed; and
WHEREAS, a Tree Removal permit (TR24-0042) is requested to allow the removal of
seven (7) Town-protected trees; and
WHEREAS, the site is located at 425 El Pintado Road, and further identified as APN: 200-
040-012; and
WHEREAS, pursuant to the State Density Bonus Law (DBL) related to the provision of
age restricted senior housing, the applicant has requested waivers related to building
height, floor area ratio, retaining wall setback and height, and drive aisles width; and
WHEREAS, the project is Categorically Exempt From the requirements of the California
Environmental Quality Act (CEQA), Section 15332, Class 32 – Infill Development
Projects; and
WHEREAS, a staff report was prepared recommending that the Planning Commission
approve the requests; and
WHEREAS, public notification for the public hearing to consider this proposal was
provided consistent with all requirements of the law; and
RESOLVED, that the Planning Commission of the Town of Danville approves
Development Plan request DEV24-0008, Vesting Tentative Map for Condominium
Purposes request MS861-24, and Tree Removal permit request TR24-0042 allowing for
the development of a 99-unit age restricted senior condominium project on a 3.17 acre
site located at 425 El Pintado Road.
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FINDINGS OF APPROVAL
Vesting Tentative Map/Development Plan
1. The proposed subdivision is in substantial conformance with the goals and
policies of the Danville 2030 General Plan and the site’s Residential – Multifamily
– High Density Special land use designation which allows multiple family
residential development in the range of 30-35 units per acre.
2. The design of the proposed subdivision is substantially in conformance with the
site’s M-35; Multifamily Residential District. The M-35; Multifamily Residential
District is listed as a consistent zoning designation under the site’s General Plan
land use designation. Except for waivers for height, floor area ratio, drive aisle
width, and retaining wall setbacks and height related to the State Density Bonus
Law (DBL), the development is in conformance with the development standards
established under the District.
3. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems, because water and sanitary facilities
and services will be available to the parcels. The project has been reviewed by the
San Ramon Valley Fire Protection District, Central Contra Costa County Sanitary
District, East Bay Municipal Utility District, and the Town’s Building Division and
it was determined that the site is adequately served by public facilities and
services.
4. The design of the proposed subdivision and improvements are not likely to cause
substantial environmental damage or subsequently injure fish or wildlife or their
habitat, in part because the project site is an area where development has
previously occurred. Biological resources were reviewed as part of this
development, and it was found that the project will not have a negative impact on
biological resources.
5. The design of the proposed subdivision and proposed improvements would not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision. There are currently no existing
public easements for access through or use of the subject properties.
Tree Removal Permit
1. Necessity. The primary reason for removal of seven (7) Town-protected trees is
that preservation of those trees would be inconsistent with the proposed
residential development of the property, including the creation of a new roadway
system and grading to accommodate the development.
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2. Erosion/surface water flow. Removal of the Town-protected trees will not cause
significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects. Removal of seven (7) Town-protected trees will not significantly
affect off-site shade or adversely affect privacy between properties due to the site’s
topography, the other trees that would remain, and the locations of the trees in
relation to other properties.
Categorical Exemption
The proposed project is exempt from the California Environmental Quality Act (CEQA)
as an Infill Development Project under Guidelines Section 15332, Class 32, based on the
following findings:
1. The project is consistent with all the applicable General Plan designation and
policies and with the applicable zoning designation.
2. The project is within the Town boundaries and is on a project site of less than five
acres, substantially surrounded by urban uses (housing and the I-680 freeway).
3. The project site has no value, as habitat for endangered, rare or threatened species
based on the biological study conducted.
4. Approval of the project would not result in any significant effects relating to traffic,
noise, air quality, or water quality based on the studies conducted.
5. The site can be adequately served by all required utilities and public services.
6. In addition, the Town finds that there is no evidence demonstrating that the
proposed project would have a significant effect on the environment due to
unusual circumstances (Guidelines Section 15300.2(c)).
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk (*) in the left -hand column are standard project
conditions of approval.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permits for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
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A. GENERAL
1. This approval is for Development Plan request DP24-0008, Vesting
Tentative Map for Condominium Purposes request MS861-24, and Tree
Removal request TR24-0042. These permits authorize the construction of a
four-story 99-unit age restricted senior condominium housing
development on a 3.17 acre site located at 425 El Pintado Road. The Tree
Removal permit allows for the removal of seven (7) Town-protected trees.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Preliminary Architectural Plans, Elevations, and Floor Plans as
prepared by Form4 Architecture and dated October 29, 2024.
b. Preliminary Landscape Plan as prepared by JETT Landscape
Architecture + Design Environmental dated October 29, 2024.
c. Vesting Tentative Map for Condominium purposes and Civil
Drawings as prepared by DeBolt Civil Engineering dated October
28, 2024.
d. Preliminary Stormwater Control Plan as prepared by Debolt Civil
Engineering and dated March 3, 2024, and updated October 2024.
e. Traffic Impact Study prepared by Kimley-Horn, dated September
2024.
f. Biological Resource Assessment prepared by Greg Matuzak
Environmental Consulting LLC, dated March 2024.
g. Flood Investigation as prepared by Easton McAllister dated October
28, 2024.
h. Preliminary Hydrology Analysis prepared by Debolt Civil
Engineering dated October 28, 2024.
i. Geotechnical Investigation as prepared by Rockridge Geotechnical,
dated April 9, 2024.
j. Tree Report, as prepared by Bob Peralta Arbor Consulting, dated
October 23, 2024.
2. This development is subject to the State Density Bonus Law related to the
provision of age restricted senior housing. Concurrently with the
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recordation of the final map, deed restrictions limiting ownership to
households including a person aged 55 or older shall be recorded for each
of the 99 units created as part of this project.
3. This approval includes the granting of waivers of development standards
consistent with State Density Bonus Law. Approved waivers are as follows:
a. Height – The subject M-35 zoning district requires an average maximum
height of 43 feet. The proposed project would have a maximum height
of 52’ 9” at the 4th floor penthouses, which are recessed back from the
top of the building’s 3rd stories. The 3rd stories have a maximum height
of 41’ 9”.
b. Floor Area Ratio (FAR) – The zoning district allows a maximum FAR of
120%. The application proposes a FAR of 128.7%.
c. Drive Aisle Width – The zoning district requires a parking lot drive aisle
width of 28 feet. The applicant proposes a drive aisle width of 24 feet. A
24 foot drive aisle width is the standard used within the Town’s
Downtown Business District.
d. Retaining Wall Height and Setbacks – A small section of retaining wall
along the back of the property is proposed to be approximately eight
feet tall, while the zoning district limits retaining wall height to six feet.
In addition, the retaining walls do not meet the Town’s required three-
foot setback requirement.
4. The following fees are due prior to recordation of the final map or as
otherwise approved by the Town (based on 2023/24 Master Fee Schedule):
a. Map Check Fee............ TBD
b. Improvement Plan Check Fee........... %3 of cost estimate
c. Engineering Inspection Fee............... %5 of cost estimate
d. Grading Plan Check, Inspection & Permit................ TBD
e. Base Map Revision Fee (based on parcels)........ TBD
f. Park Land in Lieu Fee (based on units) $ 759,330
g. Excavation Mitigation Fee (SR)......................... TBD
The following fees are due at building permit issuance or as otherwise
approved by the Town:
a. Finish Grading Inspection Fee................. $ TBD
b. Stormwater Pollution Program Fee........ $ 228/building
c. SCC Regional Fee............................................. $ 1,676/unit
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d. SCC Sub-Regional Fee..................................... $ 4,624/unit
e. Residential TIP Fee.......................................... $ 1,400/unit
f. Tri-Valley Transportation Fee................ $ 3,890/unit
5. Prior to issuance of building permits, the developer shall reimburse the
Town for notifying surrounding residents and interested parties of the
public hearings and study sessions for the project. The fee shall be $384.00
($110.00 + 99 notices X $0.83 per notice X 2 notifications).
* 6. Prior to the issuance of grading or building permits, the applicant shall
submit written documentation that all requirements of the San Ramon
Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified
School District have been, or will be, met to the satisfaction of these
respective agencies.
7. Prior to the commencement of ground disturbance, including site
preparation and grading activities, the applicant will ensure that all
construction workers are trained to recognize archaeological resources
which may be found on the site.
8. If previously unidentified cultural resources are encountered during
construction or land disturbance activities, work shall stop within 50 feet of
the find and the Town of Danville shall be notified at once to assess the
nature, extent, and potential significance of any cultural resource find. The
applicant shall retain a qualified archaeologist to implement a Phase II
subsurface testing program to determine the resource boundaries, assess
the integrity of the resource, and evaluate the resource’s sign ificance
through a study of its features and artifacts. If the resource is determined
significant, the Town of Danville may choose to allow the capping of the
area containing the resource using culturally sterile and chemically neutral
fill material. If such capping occurs, then a qualified archaeologist shall be
retained to monitor the placement of fill upon the resource. If a significant
resource will not be capped, the results and recommendations of the Phase
II study shall determine the need for a Phase III data recovery program
designed to record and remove significant cultural materials that could
otherwise be tampered with. If the resource is determined to be not
significant, no capping and/or further archaeological investigation or
mitigation shall be required. The results and recommendations of the Phase
II study shall determine the need for construction monitoring. If monitoring
is warranted, a qualified archaeologist shall be retained by the applicant to
be present during all earth moving activities that have the potential to affect
archaeological or historical resources. A monitoring report shall be
submitted to the Town upon completion of construction.
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* 9. Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Monday through Friday), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity.
10. At a minimum, all on-site structures shall include the following to achieve
an acceptable interior noise level:
• Air conditioning or a mechanical forced–air ventilation system so that
windows and doors may remain closed
• Double-paned windows and sliding glass doors mounted in low air
infiltration rate frames (0.5 cubic feet per minute, per ANSI
specifications)
• Solid core exterior doors with perimeter weather stripping and threshold
seals
• Roof and attic vents facing away from I-680 freeway
11. The applicant shall apply the following measures during construction of
the project.
• Construction Staging. The contractor shall provide staging areas on-site
to minimize off-site transportation of heavy construction equipment.
These areas shall be located to maximize the distance between activity
and sensitive receptors. This would reduce noise levels associated with
most types of idling construction equipment.
• Mufflers. Construction equipment shall be properly maintained and all
internal combustion engine driven machinery with intake and exhaust
mufflers and engine shrouds, as applicable, shall be in good condition
and appropriate for the equipment. During construction, all equipment,
fixed or mobile, shall be operated with closed engine doors and shall be
equipped with properly operating and maintained mufflers, consistent
with manufacturers’ standards.
• Electrical Power. Electrical power, rather than diesel equipment, shall be
used to run compressors and similar power tools and to power any
temporary structures, such as construction trailers or caretaker facilities.
• Equipment Staging. All stationary equipment shall be staged as far
away from the adjacent multi-family residential development as feasible.
• Equipment Idling. Construction vehicles and equipment shall not be left
idling for longer than five minutes when not in use.
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• Workers’ Radios. All noise from workers’ radios shall be controlled to a
point that they are not audible at sensitive receptors near construction
activity.
• Smart Back-up Alarms. Mobile construction equipment shall have smart
back-up alarms that automatically adjust the sound level of the alarm in
response to ambient noise levels. Alternatively, back-up alarms shall be
disabled and replaced with human spotters to ensure safety when mobile
construction equipment is moving in the reverse direction.
• Disturbance Coordinator. The applicant shall designate a disturbance
coordinator who shall be responsible for responding to any local
complaints about construction noise. The noise disturbance coordinator
shall determine the cause of the noise complaint (e.g., starting too early,
bad muffler, etc.) and shall require that reasonable measures warranted
to correct the problem be implemented. A telephone number for the
disturbance coordinator shall be conspicuously posted at the
construction site.
• Construction Notice. Two weeks prior to the commencement of
construction and grading at the project site, the applicant shall install a
3-foot by 3-foot sign at the project entry that discloses the allowable
construction work days and hours, the planned construction schedule,
and the contact name and phone number for residents to call for
construction noise related complaints. All reasonable concerns shall be
rectified within 24 hours of receipt.
* 12. The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/or the Chief Building Official, around the site during
construction of the project.
* 13. A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site
construction activities. Equipment and human resources for watering all
exposed or disturbed soil surfaces shall be supplied on weekends and
holidays as well as workdays. Dust-producing activities shall be
discontinued during high wind periods.
14. All physical improvements other than landscaping shall be in place prior to
occupancy of any structure in the project. All landscaping shall be installed
prior to occupancy of the final unit. If occupancy within the project is
requested to occur in phases, all physical improvements shall be required
to be in place prior to occupancy except for items specifically excluded in a
construction-phases occupancy plan approved by the Planning Division.
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No structure shall be occupied until construction activity in the adjoining
area is complete and the area is safe, accessible, provided with all
reasonably expected services and amenities, and appropriately separated
from remaining additional construction activity. A temporary vehicular
turnaround shall be provided at the end of the completed section of loop
roadway to allow separation of resident traffic and construction traffic.
* 15. The applicant shall submit a written Compliance Report detailing how the
conditions of approval for this project have been complied with as part of
the initial submittal for the final map, plan check, and/or building permit
review process (whichever occurs first). This report shall list each condition
of approval followed by a description of what the applicant has provided
as evidence of compliance with that condition. The applicant must sign the
report. The report is subject to review and approval by the City Engineer
and/or Chief of Planning and/or Chief Building Official and may be
rejected by the Town if it is not comprehensive with respect to the
applicable conditions of approval.
16. The applicant shall be responsible for either (a) washing the exterior of
abutting residences or (b) providing a cash payment to said abutting
residences in the amount of $500 per residence at the completion of mass
grading activity, at the discretion of the Town.
17. 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 located on the property and 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 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
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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.
18. Prior to the issuance of grading permits, the applicant shall retain a
specialist to assess rodent control impacts anticipated to be associated with
grading activity and installation of subdivision improvements. As deemed
necessary, following the Planning Division’s review of the specialist’s
assessment, the applicant shall develop and implement a 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 in
conjunction with the developer and the Town based on the development
schedule for the project. This report shall be subject to review and approval
by the Planning Division.
B. SITE PLANNING
* 1. All lighting shall be installed in such a manner that lighting is generally
down directed and glare is directed away from surrounding properties and
rights-of-way.
* 2. Any on-site wells and septic systems shall be destroyed in accordance with
Contra Costa County Health Services Department - Environmental Health
Division regulations. Environmental Health Division permits and
inspections for this work shall be obtained.
C. LANDSCAPING
* 1. Final landscape and irrigation plans shall be submitted for review and
approval by the Planning Division. The plan shall include common names
of all plant materials and shall indicate the size that various plant materials
will achieve within a five-year period of time.
* 2. All plant material shall be served by an automatic irrigation system and
maintained in a healthy growing condition. Landscaping and irrigation
shall comply with all MWELO water conservation requirements.
* 3. All trees shall be a minimum of 15-gallon container size. All trees shall be
properly staked. All remaining shrubs used in the project, which are not
used as ground cover, shall be a minimum of five gallons in size.
* 4. All landscaped areas not covered by shrubs and trees shall be planted with
live ground cover or covered with mulch. All proposed ground cover shall
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be placed so that it fills in within two years.
* 5. If site construction activity occurs in the direct vicinity of the on -site and
off-site protected trees, a security deposit in the amount of the assessed
value of the tree(s) (calculated pursuant to the Town’s Tree Protection
Ordinance) shall be posted with the Town prior to the issuance of a grading
permit or building permit to maximize the probability that the affected trees
will be retained in good health. The applicant shall be required to secure an
appraisal of the condition and value of all affected trees. The appraisal shall
be done in accordance with the current edition of the “Guide for
Establishing Values of Trees and Other Plants,” by the Council of Tree and
Landscape Appraisers under the auspices of the International Society of
Arboriculture. The appraisal shall be performed by a Certified Arborist,
and shall be subject to review and approval by the Chief of Planning. A tree
preservation agreement shall be prepared that outlines the intended and
allowed use of funds posted as a tree preservation security deposit. That
portion of the security deposit still held by the Town two full growing
seasons after project completion shall be returned upon verification that the
trees covered by the deposit are as healthy as can be provided for under the
terms of the tree preservation agreement.
6. The developer shall be required to mitigate the loss seven (7) Town-
protected trees. As a result, the applicant shall be responsible for the
planting on-site of either ninety four (94) 15-gallon oak trees (which are
counted as 2” diameter trees) or forty seven (47) 24-inch box size oak trees
(which are counted as 4” diameter trees). If all of the trees cannot be
accommodated on-site, the applicant may pay the Town’s trees mitigation
fee of $250.00 for each 15-gallon tree or $500.00 for each 24-inch box size
tree.
7. The applicant shall be responsible for planting off-site screen trees as
generally shown on Landscape Plan L1.01, if approved by the adjacent
property owners.
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 at all times, day and night by emergency service personnel.
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* 3. Samples of final materials and the proposed color palette shall be submitted
for review and approval by the Design Review Board prior to the issuance
of building permits for the project.
4. Final architectural elevations, details and revisions shall be submitted for
review and approval by the Design Review Board prior to issuance of
building permits for the project. In addition, final colors, and all proposed
materials, including building siding, balcony railing, and roof equipment
screening, shall be subject to review and approval by the DRB prior to
issuance of building permits.
E. AIR QUALITY
1. In order to reduce exposure of proposed residences to toxic air
contaminants emissions from vehicles on I-680 freeway, the applicant shall
submit to the Town of Danville for review and approval a ventilation
proposal prepared by a licensed design professional for all on-site buildings
that describes the ventilation design and how that design ensures all
dwelling units would be below the excess cancer risk level of 10 in one
million established by the Bay Area Air Quality Management District. The
ventilation proposal shall include, but is not limited to, the following
measures:
a. If the proposed buildings would use operable windows or other
sources of infiltration of ambient air, the development shall install a
central HVAC system that includes high efficiency particulate filters.
The system may also include a carbon filter to remove other chemical
matter. Filtration systems must operate to maintain positive pressure
within the building interior to prevent entrainment of outdoor air
indoors.
b. If the development limits infiltration through non-operable
windows, a suitable ventilation system shall include a ventilation
system with filtration specifications equivalent to or better than the
following: (1) American Society of Heating, Refrigerating and Air-
Conditioning Engineers MERV-13 supply air filters or the equivalent
if recommended by the system manufacturer, (2) greater than or
equal to one air exchanges per hour of fresh outside filtered air, (3)
greater than or equal to four air exchanges per hour recirculation,
and (4) less than or equal to 0.25 air exchanges per hour in unfiltered
infiltration. These types of filtration methods are capable of
removing approximately 90 percent of the DPM emissions from air
introduced into the HVAC system.
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c. Windows and doors shall be fully weatherproofed with caulking
and weather-stripping that is rated to last at least 20 years.
Weatherproof should be maintained and replaced by the property
owner, as necessary, to ensure functionality for the lifetime of the
project.
d. Where appropriate, install passive (drop-in) electrostatic filtering
systems, especially those with low air velocities (i.e., 1 mph).
e. Ensure an ongoing maintenance plan for the HVAC and filtration
systems. Manufacturers of these types of filters recommend that they
be replaced after two to three months of use. The applicant shall
inform occupants regarding the proper use of any installed air
filtration system.
F. PARKING
1. All parking spaces other than the mechanical lifts, shall be striped and
provided with wheel stops unless they are fronted by concrete curbs, in
which case sufficient areas shall be provided beyond the ends of all parking
spaces to accommodate the overhang of automobiles.
* 2. Where authorized, compact car spaces shall be clearly designated with
appropriate pavement marking or signage. Self-park compact spaces shall
be no less than 8 feet by 16 feet in size, including allowable overhang.
* 3. Regulatory signage/curb painting for the non-parking side of the interior
loop roadway shall be provided, if deemed necessary, to the satisfaction of
the San Ramon Valley Fire Protection District and the City Engineer.
G. GRADING
* 1. Any grading on adjacent properties will require prior written approval of
those property owners affected.
* 2. At least one week prior to commencement of grading, the applicant shall
post the site and mail to the owners of property within 300 feet of the
exterior boundary of the project site, and to the Town of 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
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dust, noise and litter control shall be expressly identified in the notice.
3. The applicant shall conduct a design-level geotechnical investigation. The
design-level geotechnical investigation shall include additional field
exploration and laboratory testing. Soil borings and/or cone penetration
tests (CPT) soundings shall be conducted to evaluate the potential for
liquefaction in the area of the preliminary geotechnical investigation
Boring. The recommendations of the design-level geotechnical
investigation shall be incorporated into the proposed project grading and
building plans after review and approval by the Town’s Building Services
Division. These recommendations may include the removal of expansive
soils, replacing expansive soils with non-expansive engineered fill,
deepening foundations to develop support below the zone of significant
seasonal moisture change, designing foundation/slab systems to resist
uplift pressures generated by swelling soils, providing drainage and
landscaping to minimize seasonal moisture fluctuations in the near-surface
soils, compacting soils to the appropriate relative compaction, and
designing foundations to resist the adverse effects of liquefaction and
corrosive soils.
* 4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall
be submitted for review and approval by the City Engineer. It shall be
accompanied by an engineering and geological opinion as to the safety of
the site from settlement and seismic activity.
* 5. All development shall comply with Danville Ordinance 2004-06 which
added Chapter 20 to the Danville Municipal Code relating to Stormwater
Management and Discharge Control. All development shall also comply
with the General Permit for Storm Water Discharges associated with
Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ,
NPDES No. CAS000002) adopted by the State Water Resources Control
Board on September 2, 2009, and effective on July 1, 2010. These regulations
require, among other things, that a Stormwater Pollution Prevention Plan
(SWPPP) be prepared by a Qualified SWPPP Developer for submission to
the State of California via the on-line Storm Water Multi-Application
Reporting & Tracking (SMARTS) system. No land-disturbing activity shall
occur until a Notice of Intent (NOI) is filed and a Waste Discharger
Identification (WDID) number is issued by the State of California. A copy
of the final NOI, including WDID number and attached SWPPP, shall be
kept at the project site at all times, with a copy provided to the Town. The
requirements of the SWPPP and all other Permit Registration Documents
shall be fully implemented during land-disturbing activities.
* 6. All grading activity shall address National Pollutant Discharge Elimination
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System (NPDES) concerns. Specific measures to control sediment runoff,
construction pollution and other potential construction contamination shall
be addressed through the Erosion Control Plan (ECP) and Storm Water
Pollution Prevention Plan (SWPPP). The SWPPP shall supplement the
Erosion Control Plan and project improvement plans. These documents
shall also be kept on-site while the project is under construction. A NPDES
construction permit may be required, as determined by the City Engineer.
* 7. If toxic or contaminated soil is encountered during construction, all
construction activity in that area shall cease until the appropriate action is
determined and implemented. The concentrations, extent of the
contamination and mitigation shall be determined by the Contra Costa
County Health Department. Suitable disposal and/or treatment of any
contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any
drainage facility, inlet or creek.
8. Prior to ground disturbing activities, the project applicant shall install a silt
fence or fabric fence along the perimeter of the site, adjacent to residential
development, to provide a barrier to movement by rodents and other
wildlife. The fence shall be maintained until all vegetation is remove from
the site. During grading and construction activities, the project applicant
shall maintain a contact person including a phone number, should issues
associated with rodent dispersal occur, and shall monitor these
recommended actions to determine their efficacy.
H. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 2. Street signing shall be installed by the applicant as may be required by the
City Engineer. Traffic signs and parking restriction signs, which may be
required to be installed, shall be subject to review and approval by the
Transportation Division and the Police Department.
* 3. All mud or dirt carried off the construction site onto adjacent streets shall
be swept each day. Water flushing of site debris or sediment or concrete
washing is expressly prohibited.
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* 4. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction of the impacted areas if
deemed warranted by the City Engineer.
* 5. All improvements within the public right-of-way, including curb, gutter,
sidewalks, driveways, paving and utilities, shall be constructed in
accordance with approved standards and/or plans and shall comply with
the standard plans and specifications of the Development Services
Department and Chapters XII and XXXI of the Town Code. At the time
project improvement plans are submitted, the applicant shall supply to the
City Engineer an up-to-date title report for the subject property.
* 6. Handicapped ramps shall be provided and located as required by the City
Engineer.
* 7. A satisfactory private road and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney prior to any Town
Council final approval action. All private road maintenance agreements
shall include provisions for regular street sweeping.
* 8. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division.
9. The project applicant shall develop and submit for approval to the Town of
Danville a Construction Management and Mitigation Plan that includes
designated haul routes and staging areas, traffic control procedures,
emergency access provisions and construction crew parking, to minimize
traffic impacts during construction. The plan shall ensure that haul routes
and construction activity timing shall comply with the Town of Danville’s
requirements. The plan shall also ensure that construction period
employees can either park on-site or at an off-site location. In addition, the
plan shall require that temporary signage, alternative pedestrian passage,
and/or protected walkways be provided should sidewalks be closed
during construction.
10. The applicant shall maintain vegetation at the corner of El Cerro Boulevard
and the I-680 freeway north bound on-ramp to maintain the required site
distance triangle.
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I. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District
water system in accordance with the requirements of the District.
* 2. All wastewater shall be disposed into an existing sewer system. Sewer
disposal service shall be from the Central Contra Costa Sanitary District
sewer system in accordance with the requirements of the District.
* 3. Drainage facilities and easements shall be provided to the satisfaction of the
City Engineer and/or the Chief Engineer of the Contra Costa County Flood
Control & Water Conservation District.
4. Prior to commencement of any site work, the applicant/owner shall submit
evidence to the Town that the requirements for obtaining a State General
Construction Permit have been met. Such evidence may be the copy of a
WDID number issued by the State Water Resources Control Board in
response to an application submitted via their online SMARTS System by a
qualified SWPPP developer. Additionally, the applicant/owner shall
submit evidence that the requirements for obtaining the U.S. Army Corps
of Engineers 404 Permit, the State Water Resources Control Board 401
Certification, and the California Department of Fish and Game’s
Streambank Alteration Agreement have been or will be met. Such evidence
might be a copy of the permit(s)/agreement and/or a letter from the
applicant/owner stating that the above permit(s) are not required for the
subject project.
* 5. 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.
* 6. Any portion of the drainage system that conveys runoff from public streets
shall be installed within a dedicated drainage easement or public street.
* 7. If a storm drain must cross a lot, or be in an easement between lots, the
easement shall be equal to or at least double the depth of the storm drain.
* 8. The applicant shall furnish proof to the City Engineer of the acquisition of
all necessary rights of entry, permits and/or easements for the construction
of off-site temporary or permanent road and drainage improvements.
* 9. All new utilities required to serve the development shall be installed
underground in accordance with the Town policies and existing
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ordinances. All utilities shall be located and provided within public utility
easements, sited to meet utility company standards or in public streets.
* 10. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or
commercial subdivision shall be underground, except as follows:
a. Equipment appurtenant to underground facilities, such as surface
mounted transformers, pedestal mounted terminal boxes and meter
boxes, and concealed ducts;
b. Metal poles supporting street lights.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
J. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the
design, but not the use, may be approved by staff. Any other change will
require Planning Commission approval through the Development Plan
review process.
* 2. Pursuant to Government Code section 66474.9, the applicant (including the
applicant or any agent thereof) shall defend, indemnify and hold harmless
the Town of Danville and its agents, officers and employees from any claim,
action or proceeding against the Town or its agents, officers or employees
to attack, set aside, void, or annul, the Town's approval concerning this
application, which action is brought within the time period provided for in
Section 66499.37. The Town will promptly notify the applicant of any such
claim, action or proceeding and cooperate fully in the defense.
3. The project homeowners' association, through project -specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance
of all on-site driveways, pedestrian ways, common landscape areas,
common fencing, project recreation areas, internal roads and parking areas,
stormwater pollution control basins, and common drainage facilities. In
addition, the CC&Rs shall include a provision for the ongoing healthy
maintenance on the roof decks which are intended as visual mitigation.
Draft project CC&Rs shall be submitted to the Town of Danville for review
and approval a minimum of 30 days prior to recordation of the final map.
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* 4. Use of a private gated entrance is expressly prohibited.
* 5. The location, design and number of gang mailbox structures serving the
project shall be subject to review and approval by the Design Review Board
and the local Postmaster.
* 6. The proposed project shall conform to the Town’s Stormwater Management
and Discharge Control Ordinance (Ord. No. 2004-06) and all applicable
construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and
handling of construction materials, street cleaning, proper disposal of
wastes and debris, painting, concrete operations, dewatering operations,
pavement operations, vehicle/equipment cleaning, maintenance and
fueling and stabilization of construction entrances. Training of contractors
on BMPs for construction activities is a requirement of this permit. At the
discretion of the City Engineer, a Storm Water Pollution Prevention Plan
(SWPPP) may be required for projects under five acres.
* 7. The project shall conform to the Regional Water Quality Control Board
post-construction C.3 regulations which shall be designed and engineered
to integrate into the project’s overall site, architectural, landscaping and
improvement plans. These requirements are contained in the project’s
Stormwater Control Plan and are to be implemented as follows:
▪ Prior to issuance of permits for building, site improvements, or
landscaping, the permit application shall be consistent with the
applicant’s approved Stormwater Control Plan and shall include
drawings and specifications necessary to implement all measures in the
approved plan. The permit application shall include a completed
Construction Plan C.3 Checklist as described in the Town’s Stormwater
C.3 Guidebook.
▪ As may be required by the City Engineer and the Chief of Planning,
drawings submitted with the permit application (including structural,
mechanical, architectural, grading, drainage, site, landscape, and other
drawings) shall show the details and methods of construction for site
design features, measures to limit directly connected impervious area,
pervious pavements, self-retaining areas, treatment (Best Management
Practices) BMPs, permanent source control BMPs, and other features
that control stormwater flow and potential stormwater pollutants.
▪ Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall execute any agreements identified in the Stormwater
Control Plan which pertain to the transfer of ownership and/or long-
term maintenance of stormwater treatment or hydrograph modification
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BMPs.
▪ Prior to building permit final and issuance of a Certificate of Occupancy,
the applicant shall submit, for the Town’s review and approval, a
Stormwater BMP Operation and Maintenance Plan in accordance with
the Town of Danville guidelines. Guidelines for the preparation of
Stormwater BMP Operation and Maintenance Plans are in Appendix F
of the Town’s Stormwater C.3 Guidebook.
APPROVED by the Danville Planning Commission at a regular meeting on November
12, 2024, by the following vote:
AYES: Bowles, Combs, Graham, Houlihan, Palandrini, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: None
_____________________________
Chair
APPROVED AS TO FORM:
_______________________________ ______________________________
City Attorney Chief of Planning
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