HomeMy WebLinkAbout2025-04
RESOLUTION NO. 2025-04
APPROVING DEVELOPMENT PLAN REQUEST DEV24-0009 ALLOWING
THE DEVELOPMENT OF THE IVY, A 105-UNIT ASSISTED LIVING
FACILITY, AND TREE REMOVAL PERMIT REQUEST TR25-0013 TO ALLOW
THE REMOVAL OF FIVE TOWN-PROTECTED TREES. THE PROPERTY IS
LOCATED AT 828 DIABLO ROAD, CURRENTLY OCCUPIED BY SLOAT
GARDEN CENTER (APN: 196-270-029)
WHEREAS, O&I Development (Applicant and Owners) have requested approval of a
Development Plan (DEV24-0009) application to construct a 105-unit assisted living facility;
and
WHEREAS, a Tree Removal permit (TR25-0013) is requested to allow the removal of five
(5) Town-protected trees; and
WHEREAS, the site is located at 828 Diablo Road, and further identified as APN: 196-270-
029; and
WHEREAS, pursuant to the State Density Bonus Law (DBL), the applicant has requested
waivers related to building height, second and third story setbacks, and retaining wall
height; 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 DEV24-0009 and Tree Removal Permit request TR25-0013
allowing the development of the Ivy, a 105-unit assisted living facility located at 828 Diablo
Road.
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FINDINGS OF APPROVAL
Development Plan
1. The proposed development 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. The applicant has requested a
density bonus request for an additional 10 units under the State Density Bonus Law
(DBL) which would result in a density of 38.6 units per acre.
2. The design of the proposed development 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, second and third story setbacks,
and retaining wall height related to the DBL, the development is in conformance
with the development standards established under the District.
3. The design of the 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 parcel. 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 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 an area where development has previously
occurred.
5. The design of the proposed 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 development. 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 five (5) Town-protected trees is that
preservation of those trees would be inconsistent with the proposed residential
development of the property and grading to accommodate the development.
2. Erosion/surface water flow. Removal of the Town-protected trees will not cause
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significant soil erosion or cause a significant diversion or increase in the flow of
surface water.
3. Visual effects. Removal of five (5) 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, and the addition of trees as part of the landscaping plan.
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.
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 DP25-0009 and Tree Removal
request TR25-0013. These permits authorize the construction of a three-story
105-unit assisted living facility on a 2.72 acre site located at 828 Diablo Road.
The Tree Removal permit allows for the removal of five (5) 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. Architectural Plans, Elevations, and Floor Plans as prepared by B.Hills
Architecture and dated March 26, 2025.
b. Preliminary Landscape Plan as prepared by BLOCS Design dated
March 19, 2025.
d. Stormwater Control Plan as prepared by CBG Engineering and dated
March 26, 2025.
e. Tree Evaluation, as prepared by Bob Peralta Arbor Consulting, dated
July 19, 2024.
f. Traffic Impact Analysis prepared by EPD Solutions, dated February
26, 2025.
g. Phase I Environmental Site Assessment prepared by Terracon
Consultants, Inc. dated May 28, 2024.
h. Limited Site Investigation prepared by Terracon Consultants, Inc.
dated September 11, 2024.
i. Geotechnical Engineering Report as prepared by Terracon
Consultants, Inc. dated September 6, 2024.
2. This development may have a maximum of 110 beds.
3. This development is subject to the State Density Bonus Law. 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 35 feet with a mix of 33, 35, and 37 feet heights. The proposed
project would have an average height of 37.5 feet with a maximum height
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of 40 feet. A majority of the building would be 35 feet with architectural
gable elements reaching 37 and 40 feet. A minimum of 7.5% of the three
story building is required to be expressed as two or two and a half stories.
The proposed project will not have any portion expressed and two or two
and a half stories.
b. Retaining Wall Height – The retaining wall along the western side to the
back of the property is proposed to have a height between 6’5” and 13’5”,
while the zoning district limits retaining wall height to six feet.
c. Second and Third Story Setbacks – The zoning district requires side and
rear yard setbacks to be a minimum of 50 feet for second and third story
building elements. The projects proposes a minimum of 22 feet for the
second and third story rear and side yard setbacks. The proposed
minimum setbacks are 36’7” along the southern (left) side, 22 feet along
the northern (right side which would abut El Cerro Blvd.), and 128 feet
along the western (rear) side. The setbacks are relatively consistent for all
three stories excluding minor differences to allow for building
articulation and architectural features across the four elevations and three
stories.
4. 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 $264.00 ($135.00
+ 150 notices X $0.86 per notice).
5. The following fees are due at building permit issuance or as otherwise
approved by the Town:
a. Child Care Facilities Fee................. $ 12,075.00
b. Stormwater Pollution Program Fee........ $ 228/building
c. Park Land in Lieu Fee (based on units) $ 835,590
d. Excavation Mitigation Fee (SR)......................... $8,128.70
e. SCC Regional Fee............................................. $ 1,877/unit
f. Residential TIP Fee.......................................... $ 1,400/unit
g. Tri-Valley Transportation Fee................ $ 4,242.76/unit
* 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.
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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 significance 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.
9. Construction activity shall be restricted to the period between the weekday
hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise
approved in writing by the City Engineer for general construction activity
and the Chief Building Official for building construction activity. Prior to
any construction work on the site, including grading, the 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.
10. The applicant shall apply the following measures during construction of the
project.
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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.
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
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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.
* 11. 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.
* 12. 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.
13. 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. 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.
* 14. 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
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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.
15. 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 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.
16. 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 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
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* 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
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
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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 five (5) Town-protected
trees with a cumulative diameter of 98.9 inches. As a result, the applicant
shall be responsible for the planting on-site of either forty nine (49) 15-gallon
oak trees (which are counted as 2” diameter trees) or twenty five (25) 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, if
approved by the adjacent property owners, or work directly with the
adjacent property owners to reach a mutually acceptable screening solution.
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 the project shall be posted so as to be easily seen at all
times, day and night by emergency service personnel, per CBC 502.1
* 3. 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. Samples of final materials and the proposed
color palette shall be submitted for review and approval by the DRB prior to
the issuance of building permits for the project.
F. PARKING
* 1. All parking spaces shall be striped and provided with wheel stops unless
they are fronted by concrete curbs, in which case sufficient areas shall be
provided beyond the ends of all parking spaces to accommodate the
overhang of automobiles.
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* 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.
4. The Applicant shall provide a parking management plan subject to review
and approval by the Chief of Planning prior to issuance of building permits.
The goal of the plan shall be to maintain operations of the facility in a manner
to accommodate all parking demand on site.
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 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
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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
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
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contaminated soil shall meet all federal, state and local regulations. If
deemed appropriate by the Health Department, the applicant shall make
provisions for immediate containment of the materials.
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 removed 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.
* 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
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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. The Project shall be required to stripe curbs and install any necessary parking
or circulation signage, as determined by the Transportation Division.
8. 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.
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. 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
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easement shall be equal to or at least double the depth of the storm drain.
* 7. 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.
* 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. All utility distribution facilities, including but not limited to electric,
communication and cable television lines, within a residential or commercial
development 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.
* 10. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
11. The applicant shall retain a qualified geotechnical engineer to determine
whether the project causes a new adverse condition or exacerbates the
existing condition of the Town’s storm drain. If the geotechnical engineer
determines that the proposed project directly causes a new adverse condition
or exacerbates the existing condition, the applicant shall be responsible for
mitigating the project-related impacts.
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
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PAGE 17 OF RESOLUTION NO. 2025-04
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 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.
* 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,
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.
* 5. 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
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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 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.
* 6. As a part of the issuance of a demolition permit and/or building permit for
the project, the developer shall submit a recycling plan for building and
construction materials and the disposal of green waste generated from land
clearing on the site. Prior to obtaining framing inspection approval for the
project, the applicant/owner shall provide the Planning Division with
written documentation (e.g., receipts or records) indicating that waste
materials created from the demolition of existing buildings and the
construction of new buildings were/are being recycled according to their
recycling plan, or in an equivalent manner.
7. The applicant shall require their contractors and subcontractors to fit all
internal combustion engines with mufflers, which are in good condition, and
to locate stationary noise-generating equipment as far away from existing
residences as feasible.
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APPROVED by the Danville Planning Commission at a regular meeting on May 27, 2025,
by the following vote:
AYES: Bowles, Graham, Halker, Palandrani, Radich, Trujillo
NOES: None
ABSTAINED: None
ABSENT: Combs, Maddalon
_____________________________
CHAIR
APPROVED AS TO FORM:
_______________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
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