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Home My WebLink About070125-08.1 PHILLIPS, JOHN EMAIL 0630251Riley Anderson-Barrett From:john phillips <john_phillips@mac.com>Sent:Monday, June 30, 2025 12:37 PMTo:Riley Anderson-BarrettCc:Marie SunseriSubject:Re: Addendum to Appeal for DEV24-0009 (828 Diablo Road)Follow Up Flag:Follow upFlag Status:Flagged ***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danvill e and was not sent from a Town Staff member! Do not click on links or open attachments unless you recog nize the sender and know the content is safe. Hi Riley, DTSC has confirmed a representative’s likely attendance at the July 1, 2025, hearing (5:00 PM, 201 Front St) for DEV24-0009, supporting my second addendum’s call for an EIR and DTSC-led remediation to address community concerns, per Attachment O (pages 1, 8–10). Please include in the hearing record. Confirm receipt. Sincerely, John Phillips On Jun 30, 2025, at 11:54 AM, Riley Anderson-Barrett <randersonbarrett@danville.c a.gov> wrote: Hi John, Thank you for your comments. They will be made publicly available and forwarded to the Town Council. Best, Riley Anderson-Barrett Associate Planner Town of Danville | 500 La Gonda Way | Danville, CA 94526 (925) 314-3314 randersonbarrett@danville.ca.gov | www.danville.ca.gov #LiveLocallyDanville 2 From: john phillips <john_phillips@mac.com> Sent: Friday, June 27, 2025 3:02 PM To: Riley Anderson-Barrett <randersonbarrett@danville.ca.gov> Cc: Marie Sunseri <cityclerk@danville.ca.gov> Subject: Addendum to Appeal for DEV24-0009 (828 Diablo Road) ***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danville and was not sent from a Town Staff member! Do not click on links or open attachments unless you recognize the sender and know the content is safe. Attachments available until Jul 27, 2025 Hi Riley, Attached are new documents Addendum to Appeal for DEV2 4-0009 (828 Diablo Road) with correlating attachments addressing additional concerns from myself and concerned neighbors. Please add to ‘Updated Communications from Appellant’ for July 1 meeting. Thank you, John Phillips Click to Download Addendum to Appeal.pdf 54 KB Click to Download Attachment M.pdf 18.3 MB Click to Download Attachment O - DTSC Communications.pdf 811 KB Click to Download CCHazmat Report Site #727935.pdf 16.9 MB Click to Download 2001-06 Part A Streamborn Remediation Report.pdf 4.1 MB 3 1Riley Anderson-Barrett From:john phillips <john_phillips@mac.com>Sent:Friday, June 27, 2025 3:02 PMTo:Riley Anderson-BarrettCc:Marie SunseriSubject:Addendum to Appeal for DEV24-0009 (828 Diablo Road)Follow Up Flag:Follow upFlag Status:Flagged ***CAUTION*** THIS EMAIL WAS NOT SENT FROM DANVILLE STAFF This email originated from outside of the Town of Danvill e and was not sent from a Town Staff member! Do not click on links or open attachments unless you recog nize the sender and know the content is safe. Attachments available until Jul 27, 2025 Hi Riley, Attached are new documents Addendum to Appeal for DEV2 4-0009 (828 Diablo Road) with correlating attachments addressing additional concerns from myself and concerned neighbors. Please add to ‘Updated Communications from Appellant’ for July 1 meeting. Thank you, John Phillips Click to Download Addendum to Appeal.pdf 54 KB Click to Download Attachment M.pdf 18.3 MB Click to Download Attachment O - DTSC Communications.pdf 811 KB Click to Download CCHazmat Report Site #727935.pdf 16.9 MB Click to Download 2001-06 Part A Streamborn Remediation Report.pdf 4.1 MB John Phillips 15 Betten Court Danville, CA 94526 June 27, 2025 Riley Anderson-Barrett Associate Planner Town of Danville 500 La Gonda Way Danville, CA 94526 randersonbarrett@danville.ca.gov Subject: Addendum to Appeal for DEV24-0009 (828 Diablo Road) – Request for EIR and DTSC Oversight Dear Ms. Anderson-Barrett, I respectfully submit this addendum to my appeal, previously filed and documented in Attachment M, for the July 1, 2025, Town Council hearing on the 828 Diablo Road project (DEV24-0009 - The Ivy), urging the Council to overturn the Planning Commission’s approval, require an Environmental Impact Report (EIR), and mandate remediation under the Department of Toxic Substances Control (DTSC) before construction. As a resident less than 400 feet from the site, my concerns lie with the health of my family, neighbors, and La Petite Academy (40-50 students), supported by DTSC’s communications in Attachment O (file: 4158d859a60f0b3b563739181a206064_Attachment O - DTSC Communications) and La Petite Academy / The Learning Care Company’s alignment with DTSC/CalEPA regarding toxin concerns. Lacking local attorney support due to conflicts, I rely on DTSC’s findings and community backing to protect public health. Attachment O (pages 8–10, June 11, 2025) confirms dieldrin in soil at 0.064–2.3 mg/kg, exceeding DTSC’s HERO screening levels (0.034 mg/kg residential), requiring 115 cubic yards of remediation. The 1995 Contra Costa Hazmat report documented gasoline contamination (TPH-G, BTEX) from a 1986 underground tank, without closure. The 2001 Streamborn report omitted volatile organic compounds and groundwater testing, lacking DTSC closure (Attachment O, pages 5–6). These risks, near my home and the preschool, void the Class 32 exemption under CEQA §15300.2(c). Contrary to recent Town assurances, prior remediation was incomplete, and monitoring alone cannot address groundwater risks. DTSC’s June 24 email (Attachment O, page 1) recommends City-mandated DTSC oversight, which O&I’s June 24 letter (page 7) rejects, favoring a third-party reviewer, ignoring 1995 groundwater risks and DTSC’s expertise. DTSC’s June 11 enforcement threat (page 10) underscores the urgency. My appeal, supported by neighbors and La Petite Academy’s CalEPA outreach, reflects widespread concern. Please overturn the approval, require an EIR, mandate DTSC-led remediation, and disclose all reports (1995, 2001, SMP, groundwater data). Sincerely, John Phillips Enclosures: •Attachment O - DTSC Communications •1995 Contra Costa Hazmat Report •2001 Streamborn Remediation Report •Attachment M (appeal communications) Attachments: •Attachment O - DTSC Communications Can be found in the meeting packet or on Danville Town Talks •1995 Contra Costa Hazmat Report Phase II Site #727935 Phase II Can be found on Danville Town Talks •2001 Streamborn Remediation Report Can be found on Danville Town Talks •Attachment - M (Appeal Communications) Can be found in the meeting packet or on Danville Town Talks June 26, 2025 Dear Danville Town Council, I am writing to support my appeal of the Planning Commission’s May 27, 2025, conditional approval of DEV24-0009 (The Ivy), a 105-unit assisted living facility at 828 Diablo Road, to be reviewed at the July 1, 2025, public hearing. My appeal centers on unaddressed environmental contamination documented in a 1995 Contra Costa Hazmat report (please see attached), which identifies significant soil and potential groundwater contamination, posing health risks to nearby residents, including my household, less than 400 feet from the site. O&I Development LLC’s June 13, 2025, response, authored by Christopher Burt, defends the CEQA Class 32 In-Fill exemption, citing a Phase 1 ESA, Limited Site Investigation, and a planned Soils Management Plan (SMP) to remediate 115 cubic yards of impacted soil (e.g., dieldrin/chlordane near the Green House). However, this response omits the 1995 report, which I have submitted to the Department of Toxic Substances Control (DTSC) for review. The 1995 findings may reveal contamination beyond the Site Reports’ scope, particularly regarding groundwater, which is not addressed in O&I’s plan. Riley Anderson-Barrett’s prior statement that “fuel and pesticide containers have been previously removed and remediated” lacks evidence of comprehensive soil or groundwater cleanup, especially given the 1995 report’s severity. The proposed SMP, while overseen by Terracon Consultants, is a future action, not a completed remediation. Construction, enabled by density bonus waivers (e.g., increased building height, reduced setbacks), could disturb contaminants before remediation, risking migration to nearby properties. Air monitoring at the site boundary is insufficient to address groundwater or long- term exposure risks to my home. I urge the Town Council to: •Overturn the Planning Commission’s approval due to potential unaddressed contamination from the 1995 report. •Require a full Environmental Impact Report (EIR) to assess all contaminants, including groundwater, against the 1995 findings. •Recommend Phase II testing to fully characterize contamination, especially groundwater, pending DTSC oversight. •Disclose the 1995 report’s status in Town records, the SMP draft, and groundwater testing data (print and make available at July 1, 2025 meeting). •Condition any approval on complete remediation, verified by DTSC, before construction begins. Please include this submission in the hearing record. I will attend the July 1 hearing to provide further comments, supported by the 1995 report. Thank you for considering these critical environmental and public health concerns. Sincerely, John Phillips Resident Living behind 828 Diablo Road