HomeMy WebLinkAbout081225-06.8
ADMINISTRATIVE STAFF REPORT 6.8
TO: Mayor and Town Council August 12, 2025
SUBJECT: Resolution No. 59-2025, approving Minor Subdivision Map and
Subdivision Improvement Agreement for Minor Subdivision 854-2024,
located at 910 Podva Lane
BACKGROUND
On August 26, 2024, the Planning Division approved Minor Subdivision 854-2024, a 4-lot
single-family residential development at 910 Podva Lane subject to the Conditions of
Approval (Attachment E).
DISCUSSION
Plans identifying the improvements to be built have been completed and approved by
the City Engineer on July 9, 2025. All Conditions of Approval have been satisfied and a
Subdivision Improvement Agreement with the appropriate securities has been submitted
by the subdivider for approval.
PUBLIC CONTACT
Posting of the meeting agenda serves as notice to the general public. A copy of this
Administrative Staff Report has been sent to the subdivider.
FISCAL IMPACT
None, all improvements are private.
Approving Minor Subdivision Map, 2 August 12, 2025
Subdivision Improvement Agreement
MS 854-2024
RECOMMENDATION
Adopt Resolution No. 59-2025, approving Minor Subdivision Map and Subdivision
Improvement Agreement for Minor Subdivision 854-2025, located at 910 Podva Lane.
Prepared by:
Fred Korbmacher
Development Services Coordinator
Reviewed by:
Diane J. Friedmann
Development Services Director
Attachments: A – Resolution No. 59-2025
B – Minor Subdivision Map
C – Subdivision Improvement Agreement
D – Location Map
E – Conditions of Approval
c: Subdivider: EB Homes LLC
3236 Stone Valley Road West, 2nd Floor
Alamo, CA 94507
Engineer: APEX Civil Engineering
817 Arnold Drive, Suite 50
Martinez, CA 94553
RESOLUTION NO. 59-2025
APPROVING MINOR SUBDIVISION MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR MINOR SUBDIVISION 854-2024, LOCATED AT
910 PODVA LANE
WHEREAS, EB Homes, LLC, subdivider of said minor subdivision, have requested the
Town of Danville approve said Minor Subdivision Map and Subdivision Improvement
Agreement; and
WHEREAS, the Minor Subdivision Map and Subdivision Improvement Agreement
comply with standards set forth in the California Subdivision Map Act and Danville
Municipal Code; and
WHEREAS, subdivider has now complied with all Conditions of Approval established
by the Town of Danville for the subject minor subdivision; and
WHEREAS, said minor subdivision lies within the corporate limits of the Town of
Danville; and
WHEREAS, this Subdivision Map and Subdivision Improvement Agreement are
consistent with the Town's General Plan; now, therefore be it
RESOLVED, that the Minor Subdivision Map and Subdivision Improvement Agreement
are hereby approved, and Town staff is hereby authorized and directed to execute the
same on behalf of the Town.
APPROVED by the Danville Town Council at a regular meeting on August 12, 2025, by
the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
________________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_____________________________ ________________________________
CITY ATTORNEY CITY CLERK
Docusign Envelope ID: 18D3C7CA-0E43-403D-BEFE-E8353693590B
ATTACHMENT A
ATTACHMENT C
LOCATION MAP
NOT TO SCALE
ATTACHMENT D
“Small Town Atmosphere
Outstanding Quality of Life”
APPEALABLE ACTION LETTER
August 26, 2024
TO AREA RESIDENTS
The Town of Danville has received a Development Plan application (DEV24-0004), Minor
Subdivision application (MS 854-2024), and Tree Removal permit application (TR24-0027)
from EB Homes LLC (Applicant/Property Owner) involving the residential property
located at 910 Podva Lane, Danville, further identified as Assessor’s Tax Parcel Number
APN: 208-190-025.
The Minor Subdivision application seeks approval for a four lot subdivision with lots
ranging in net area from 1,761 to 2,357 square feet. The Development Plan request seeks
approval for the construction of a four unit motor-court development. It includes two
detached single-family residences and two attached single-family residence to the rear of
the lot. The proposed units range in size from 1,688 square feet to 1,750 square feet, with
each including a two-car garage. One Town-protected 40.6” heritage redwood tree is
proposed for removal.
This project has been found to be Categorically Exempt from the requirements of the
California Environmental Quality Act (CEQA), Class 1, § 15301 (new construction). The
Town is prepared to take administrative action conditionally approving this application
on September 10, 2024.
Unless the Town receives a written appeal of this decision by 5:00 P.M., September 9,
2024, accompanied by the requisite appeal fee, this action will be final. Findings of
Approval and Conditions of Approval are enclosed for review. Additional information
on this request is available for public review at the Town Offices, 500 La Gonda Way by
appointment.
Questions regarding this matter may be directed to Riley Anderson-Barrett, Associate
Planner, at randersonbarrett@danvillle.ca.gov or (925) 314-3314 at your convenience.
Sincerely,
David Crompton
ATTACHMENT E
DEV24-0004 – 910 Podva Lane
August 26, 2024
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Chief of Planning
FINDINGS OF APPROVAL
Development Plan - Minor Subdivision:
1. The proposed development will not adversely affect the policy and goals as set by
the 2030 General Plan and land use designation.
2. The development will be an attractive and efficient development which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development.
3. The proposed development is in substantial conformance with the zoning district
in which the property is located, by meeting all height requirements and other
setback requirements.
4. The design of the subdivision and the type of associated improvements will not
likely cause serious public health problems because water and sanitary facility
services will be available to the new parcels.
5. 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 since this property is in an area where residential development has
previously occurred.
6. The design of the proposed subdivision and proposed improvements will not
conflict with easements, acquired by the public at large, for access through or use
of property within the proposed subdivision.
7. The density of the subdivision is physically suitable for the subject site and
surrounding neighborhood because the proposed development is similar in size
and density to the residential developments adjacent and vicinity of the site.
Tree Removal Permit
1. Necessity. The primary reason for removal of the one tree is that preservation
would be inconsistent with the proposed residential development of the property,
including the creation of a new roadway to access the main project area ,
infrastructure improvements, and the location of the housing units.
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2. Erosion/surface water flow. Removal of the one tree, would not cause significant
soil erosion or cause a significant diversion or increase in the flow of surface water.
3. Visual effects. With respect to other trees in the area, the project site and
immediately abutting area contain numerous trees that would not be removed for
the project. Landscaping to be planted as part of the development will provide for
on-site mitigation for the loss of trees.
4. Removal of the one tree, would 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.
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 permit for the project. Each item is subject to review and approval
by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a four-lot Minor Subdivision application, Development
Plan request, and Tree Removal permit. The Minor Subdivision application
allows a four lot subdivision with lots ranging in net area from 1,761 to 2,357
square feet. The Development Plan allows for the construction of a four unit
motor-court development including two detached single-family residences
and two attached single-family residence to the rear of the lot. The proposed
units range in size from 1,688 square feet to 1,750 square feet, with each
including a two-car garage. One Town-protected 40.6” heritage redwood
tree is proposed for removal. Development shall be substantially as shown
on the project drawings as follows, except as may be modified by conditions
contained herein;
a. Tentative Map prepared by Apex Civil Engineering and Land
Surveying, labeled “910 Podva Lane,” consisting of five sheets, and
dated received by the Planning Division on August 7, 2024.
DEV24-0004 – 910 Podva Lane
August 26, 2024
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b. Architectural drawings prepared by Steven F. Kubitschek, labeled
“910 Podva Lane,” consisting of 18 sheets, and dated received by the
Planning Division on August 7, 2024.
2. Prior to the issuance of a building permit, the applicant shall reimburse the
Town for notifying surrounding residents of the public hearing. The fee
shall be $163.20 ($130.00 plus 40 notices X $0.83).
* 3. 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.
* 4. In the event that subsurface archeological remains are discovered during
any construction or pre-construction activities on the site, all land alteration
work within 100 feet of the find shall be halted, the Town Planning Division
notified, and a professional archeologist, certified by the Society of
California Archeology and/or the Society of Professional Archeology, shall
be notified. Site work in this area shall not occur until the archeologist has
had an opportunity to evaluate the significance of the find and to outline
appropriate mitigation measures, if they are deemed necessary. If
prehistoric archaeological deposits are discovered during development of
the site, local Native American organizations shall be consulted and
involved in making resource management decisions.
* 5. 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.
* 6. 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.
* 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
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existing residences as feasible.
* 8. 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.
* 9. As part of the initial submittal for the final map, plan check, and/or building
permit review process (whichever occurs first), the applicant shall submit a
written Compliance Report detailing how the conditions of approval for this
project have been complied with. 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.
10. Allowable land uses, and conditional land uses within this development
shall be as allowed under the Town’s M-13; Multiple Family Residential
District Ordinance.
* 11. Planning Division sign-off is required prior to final building inspection sign-
off by the Building Division.
12. Before the issuance of grading or building 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 the corresponding
rodent control plan to reduce impacts to surrounding properties to the extent
reasonably possible for the time periods of heavy construction activity. The
report shall include a schedule for regular rodent inspections and mitigation
based on the development schedule for the project. This rodent control plan
is subject to review and approval by the Planning Division.
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13. The applicant shall be responsible for washing the exterior of abutting
residences, and cleaning pools, patios, etc. at the completion of project
clearing and grading activity. Evidence that the developer has offered the
cleaning and completed the cleaning shall be submitted to 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. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a
building permit. To the extent feasible, such transformers shall not be located
between any street and the front of a building.
C. LANDSCAPING
* 1. All plant material shall be served by an automatic underground irrigation
system and maintained in a healthy growing condition. Irrigation and plant
material shall comply with Town of Danville Model Water Efficient
Landscape Ordinance (MWELO) Ordinance.
* 2. 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.
3. The tree identified as tree #4 (40.6” Coast Redwood) within the Arborist
Report prepared for the project is authorized for removal. The developer
shall be required to mitigate the loss the one Town-protected tree. The total
diameter of tree to be removed is 40.6 inches. As a result, the applicant shall
be responsible for the planting of either 20 15-gallon trees or ten 24-inch
box size trees. It is anticipated that these trees would not be able to be
planted on site, given the anticipated footprint of the future development.
Therefore, trees would be planted off-site within Town parks and open
space area subject to the applicant’s payment of an off-site mitigation fee.
The mitigation fee shall be $250.00 per 15-gallon tree or $500.00 per 24-inch
box size tree.
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* 4. 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 then current addition of the “Guide for
Establishing Values of Tree 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.
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 lighted and
posted so as to be easily seen from the street at all times, day and night by
emergency service personnel.
3. Future development of the lots shall include a provision in their CC&Rs or
private maintenance agreement stating that all garages must be maintained
for use as parking.
4. Prior to Building Permit issuance, the project will return to the Design
Review Board for final approval and the applicant will provide a colors and
materials board.
E. GRADING
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* 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, to the homeowner associations of nearby
residential projects 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. Development shall be completed in compliance with a detailed soils report
and the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall
be subject to review and approval by the Town's Engineering and Planning
Divisions.
* 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 take place in compliance with the Town Erosion
Control Ordinance (Ord. 91-25). Restrictions include limiting construction
primarily to the dry months of the year (May through October). If
construction does occur during the rainy season, the developer shall submit
an Erosion Control Plan to the City Engineer for review and approval. This
plan shall incorporate erosion control devices such as, the use of sediment
traps, silt fencing, pad berming and other techniques to minimize erosion.
* 6. All new development shall be consistent with modern design for resistance
to seismic forces. All new development shall be in accordance with the
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Uniform Building Code and Town of Danville Ordinances.
* 7. All cut and fill areas shall be appropriately designed to minimize the effects
of ground shaking and settlement.
* 8. Stockpiles of debris, soil, sand or other materials that can be blown by the
wind shall be covered.
* 9. 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.
* 10. 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.
F. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering
Division prior to commencing any construction activities within any public
right-of-way or easement.
* 2. 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.
* 3. Any damage to street improvements now existing or done during
construction on or adjacent to the subject property shall be repaired to the
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satisfaction of the City Engineer, at full expense to the applicant. This shall
include slurry seal, overlay or street reconstruction if deemed warranted by
the City Engineer.
* 4. 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. Prior to the recordation of the final map, project CC&Rs or a private road
maintenance agreement and private storm drain maintenance agreement
shall be submitted for approval of the City Attorney.
H. 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 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. All runoff from impervious surfaces shall be intercepted at the project
boundary and shall be collected and conducted via an approved drainage
method through the project to an approved storm drainage facility, as
determined by the City Engineer. Development which proposes to
contribute additional water to existing drainage systems shall be required
to complete a hydraulic study and make improvements to the system as
required to handle the expected ultimate peak water flow and to stabilize
erosive banks that could be impacted by additional storm water flow.
* 5. Roof drainage from structures shall be collected via a closed pipe and
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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. Electrical, gas, telephone, and Cable TV services, shall be provided
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.
* 10. All new utilities required to serve the development shall be installed
underground.
* 11. All street, drainage or grading improvement plans shall be prepared by a
licensed civil engineer.
G. 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 approval through the Development Plan review process where the
Chief of Planning reserves the right to bring the project before the Design
Review Board.
* 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
Development Plan application, which action is brought within the time
period provided for in Section 66499.37. The Town will promptly notify the
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applicant of any such claim, action or proceeding and cooperate fully in the
defense.
* 3. 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.
4. The project homeowners’ association, through project-specific covenants,
conditions and restrictions (CC&Rs), shall be responsible for maintenance of
the on-site common driveway, pedestrian ways, common landscape areas,
common fencing and common drainage facilities.
5. If authorized by the Town, maintenance of all items listed in the conditions
of approval may be accomplished through the formation of private
maintenance agreements instead of through the creation of a project specific
HOA. Draft project CC&Rs or maintenance agreements shall be submitted
to the Town of Danville for review and approval a minimum of 30 days prior
to recordation of the final map.
* 6. Use of a private gated entrance is expressly prohibited.
* 7. 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.
* 8. The proposed project shall conform to the Town’s Stormwater Management
and Discharge Control Ordinance (Ord. No. 94-19) and all applicable
construction and post-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
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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.
To view the plans for the proposed project, please visit our Development Activity
Map, which is available on our website, or by scanning the QR code below.
350’ Notification Map