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Home My WebLink About070125-08.1 Staff Presentation PDF828 Diablo Road The Ivv Danville Town Council Meeting July 1, 2025 Overview • ••• • • •: Project Summary General Plan & Zoning Compliance State Housing Laws Housing Element Density Bonus and Waivers Design Improvements CEQA Categorical Exemption Traffic Environmental Studies Appeal Q&A Project Summary 2.72 Acres 105 Units, 75 Assisted Living, 30 Memory Care 112,124 S.F. 3 -Stories In. 41 A Ent -in EL CERRO BLVD xeuEJ])llrrirrrrri rivnixr)rxii riri.9) iurhnr Ai I TWA ali4.9u Aqua 112.,P 141414113.14.1 General Plan & Zoning Compliance General Plan Land Use Designation Residential - Multifamily 30-35 units per acre (min/max) Proposed - 38.6 units/acre Zoning District Multifamily High/Special Applicable California Housing Laws State Housing -Related Legislation Housing Element Law (1969) Housing Accountability Act (1982; amended 2017) Housing Crisis Act - SB 330 (2019) Key Impacts of State Laws "Anti -NIMBY" Provisions Objective Development Standards only Streamlined Review Process ❖ Max review time = 90 days ❖ Max public hearings = 5 Project denial permitted only for findings of "specific adverse impacts" related to health and safety TOUR of the STATE of CALIFORNIA Danville 2023-2031 Housing Element 4+ Year Top -Down Process State - Region - Local State assigns 441,176 units to SF Bay Area regional government (ABAG) ABAG assigns 2,241 units to Danville Danville appeals assignment Local government role: accommodate the assignment by redesignating land Danville redesignated 70+ parcels, including 828 Diablo Road More information @ danvilletowntalks.org/housingelement HOUSING ELEMENT Town of Danville Penalties for Non - Compliance Financial Penalties: Court -imposed fines of up to $100,000 per month (multiplied by a factor of 6 if they are not paid). Loss of Permitting Authority: Suspension of building permit issuance or land use approvals. Legal Suits and Attorney Fees: Court mandated compliance Court suspension of permit issuance Court approval of housing developments on behalf of the community Attorney fees associated with lawsuits State Housing Density Bonus Law Allows more units for affordable units, —or— For senior housing developments (no affordability levels are required) Incentives, Concessions, and Waivers Reduced development standards (height, stories, floor area ratio, parking, setbacks) No limit to the number of waivers requested A waiver can only be denied upon making a finding that the waiver would result in an adverse impact upon health and safety Applicant Requested Waivers Height Town Ordinance: 35'Average, 7.5% of third story as two or two and a half stories Applicant Requested: 37'6" average, maximum of 40; 100% as three stories Retaining Wall Height Town Ordinance: 6'Height Applicant Requested: 6'5"-13'5" Height Second and Third Story Setback Town Ordinance: 50 feet for side and rear Applicant Requested: 36'7" (128' to the rear) Voluntary Design Improvements to Address Neighborhood Concerns Architectural and Landscape Enhancements through the Design Review process: Revised Building Design Flipped site layout to provide additional setback from neighboring residences, revised roofline gables and added pop outs and awnings to provide better articulation, removed all third story balconies on the southern elevation. Enhanced Landscaping O&I will contract grow screening trees and plant additional screening trees for privacy with the potential to be planted off-site along the southern and western property lines. Building Materials and Colors Revised color palette with an off-white and olive -colored siding. Lighting Modifications Verified the parking lot lighting is dark -sky compliant, reselected pathway lighting and wall sconces. Trees Removal 91 proposed for removal 5 protected trees Protected trees require mitigation by planting replacement trees .6 414 <13 iXrl� I • TFtEE DISPOSmON LEGEND SYMBOL DESCRIPTION EXISTING PROTECTED TREE TO BE REMOVED DUE TO INCOMPATIBILITY WITH PROPOSED SITE EXISTING PROTECTED TREE TO BE REMOVED DUE TO HEALTH CONCERNS 1 QTY SYMBOL DESCRIPTION 2 3 N EXISTING NON -PROTECTED TREE TO BE REMOVED DUE TO INCOMPATIBILITY WITH PROPOSED S ITE EXISTING NON -PROTECTED TREE TO BE REMOVED DUE TO HEALTH CONCERNS QTY TREE DISPOSITION SUMMARY Toru F]SSTNR TIME. 5I TREES 46 TOTAL E135TN0 FRO-1.TE° IEEES: S TRIES E%ISTRH3 FRO TEL TED TPF{ - S F&'MC'W EG um TO NCOEFATETRY'MTN S : ]TREES DUSTNO PNDTECTED TREES IMLIOW HS OLE TO EEYLTIC 3 TIERS 44 TOTALE.ITN0 NON-PROTEC TED TREES: EZ TREES EASTNO Np1R1OTECTED TREES REMOVED DIE TO NCOEFATENRx YARN SIZE: 46 TREES ESIFTRIO N3N-PR' TKTED TREES REMONHE GTE Td HEALTH: 46 TREES 11 TIOATE]N REQUIRED: S TIMES M MAI ION PROVICEO N EXCESS OE PEOl1FE).ENTS REFER TO PLM1T1143 PLANWR NE PLACEMENT SPECIES ANO QUANTITIES. Environmental Review & Zoning Consistency Environmental Review Infill residential developments are generally exempt from the California Environmental Quality Act (CEQA) Categorical Exemption Class 32 - Infill Development, for projects that are: Consistent with the General Plan and Zoning Have no identified potentially significant environmental impacts Have access to public utilities such as water and sewer Danville M-35 Multi -Family Zoning District Requires the preparation of appropriate environmental studies (traffic, hydrology, biological resources, geotechnical) Statute & Guidelines Association of Environmental Professionals Traffic Impact Analysis Level of Service (LOS) No impact to LOS Bicycles and Pedestrians No impacts identified Parking Town Ordinance: 37 ITE requirement: 44 Requested (Supply): 60 Improvements The driveway delineated with a double yellow line A stop sign installed at the driveway Environmental Studies and Actions Remediation of Underground Storage Tank (1995) The tank was remediation under the supervision of CCC Environmental Health Safety and Bay Area Regional Water Quality Control Board. Report of Remediation of Buried Waste (June 15, 2001) Buried agricultural pesticides were identified, and remediated. Additional agricultural pesticides were found and left in place as they were not causing any harm - now required to be remediated. Phase! Environmental Site Assessment (May 28, 2024) Recommended that a Limited Site Investigation (LSI) be conducted to assess the environmental conditions connected to former buried pesticide containers, Dieldrin concentrates, and the surface catchment drainage ditch. Limited Site Investigation (September 11, 2024) Concluded that Dieldrin and chlordane are present at concentrations exceeding residential land use environmental screening levels and recommends the excavation and disposal of impacted soils. Appeal Applicant's claim: Class 32 CEQA Exemption Not Applicable Response: Soil contamination is an existing condition related to historical uses and is not a project impact. The project would remediate existing contaminants. The site is not considered an "unusual site" as defined under CEQA as it is an infill site similar to other urban infill re -use sites throughout California where contaminants are a common occurrence. Applicant's claim: Pollution Remediation Would Endanger Nearby Receptors Response: Development would remediate existing pollutants. Remediation work would meet stringent regulatory standards governing the removal, handling, and disposal of contaminants. Applicant's claim: Impartiality and Public Availability of Soil Reports Response: Terracon Consultants Inc. is a well known and licensed company. Reports have been made available on the Danville Town Talks website and linked in the agenda packets with notices mailed directly to surrounding residents. Thank You Questions?