HomeMy WebLinkAbout2026-05 RESOLUTION NO. 2026-05
APPROVING DEVELOPMENT PLAN REQUEST DP25-0002 AND TREE
REMOVAL REQUEST TR25-0028 TO ALLOW THE DEVELOPMENT
OF A MIXED-USE DEVELOPMENT INCLUDING THE CONSTRUCTION
OF A NEW 200-UNIT FOUR-STORY 348,112 SQUARE FOOT MULTIFAMILY
RESIDENTIAL APARTMENT BUILDING AND THE RETENTION OF AN
EXISTING 27,700 SQUARE FOOT TWO-STORY COMMERCIAL BUILDING
ON A 3.89-ACRE SITE. THE TREE REMOVAL REQUEST WOULD ALLOW
FOR THE REMOVAL OF FIVE TOWN-PROTECTED TREES. THE SITE IS
IDENTIFIED AS THE VILLAGE SHOPPING CENTER, LOCATED
AT 101-119 TOWN & COUNTRY DRIVE (APN: 208-060-053)
WHEREAS, 115 TOWN AND COUNTRY DRIVE INVESTORS, LLC have requested
approval of a Development Plan (DP25-0002) Tree Removal application (TR25-0028) to
construct a mixed-use project including the construction of a new 200-unit four-story
348,112 square foot multifamily residential apartment building and the retention of an
existing 27,700 square foot two-story commercial building; and
WHEREAS, the Tree Removal request (TR25-0028) would allow the removal of five (5)
Town-protected trees; and
WHEREAS, the site is located at 101-119 Town & Country Drive, a 3.89-acre site and
further identified as APN: 208-060-053; and
WHEREAS, pursuant to the State Density Bonus Law (DBL) the applicant has requested
a 46% density bonus and development waivers related to building height, stories, floor
area ratio (FAR), and parking supply related to the commercial portion of the site; and
WHEREAS, the project is Statutorily Exempt From the requirements of the California
Environmental Quality Act (CEQA), under Public Resource Code Section 21080.66 (AB
130) for infill housing 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 DP25-0002 and TR25-0028 allowing for the development of a
200-unit apartment building and makes the following findings in support of this action:
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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 Downtown Business
District DBD 13; Residential Multifamily – High 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 development is substantially in conformance with the
site’s DBD 13; Residential Multifamily - High Special zoning district. The DBD 13
District is listed as a consistent zoning designation under the site’s General Plan
land use designation.
3. The design of the development and the type of associated improvements will not
likely cause adverse 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 development is 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 development would not conflict with easements,
acquired by the public at large, for access through or use of property within the
proposed development site.
6. Except for the density bonus and development standard waivers consistent with
the State Density Bonus Law, the project is consistent with all development
standards established under the Town’s DBD 13; Multifamily Residential – High
Special zoning designation.
7. The proposed development standard waivers as allowed under the State Density
Bonus Law, including height, stories, floor area ratio, and commercial parking
would not result in any identified significant impacts to public health or safety.
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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, including the creation of a new roadway system and
grading to accommodate the development and there are no reasonable alternatives
to the development design that would avoid removal of the trees.
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 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 that would be replaced on site,
and the locations of the trees in relation to other properties.
Statutory Exemption
The proposed project is Statutorily Exempt from the California Environmental Quality
Act (CEQA) Under Public Resource Code Section 21080.66 (AB 130) based on the
following findings:
1. The project is not more than 20 acres.
The project is 3.89 acres in size.
2. The project is located within the boundaries of an incorporated municipality.
The project is located within the Town of Danville.
3. The site has been previously developed with an urban use.
The site development would be a redevelopment of a portion of a commercial shopping
center.
4. At least 75 percent of the perimeter of the site adjoins parcels that are developed
with urban uses.
The site is surrounded on all sides by existing commercial, office, and residential uses.
5. The project is consistent with the applicable general plan and zoning ordinance. If
the zoning and general plan are not consistent with one another, a project shall be
deemed consistent with both if the project is consistent with one.
The proposed development is consistent with the Town’s DBD Area 13; Multifamily
Residential – High Special land use and zoning designations as the project would be within
the 30-35 unit per acre density range prior to the density bonus and development standard
waivers as allowed under State Law.
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6. (5) The project will be at least one-half of the applicable “Mullin density” as
specified in Government Code section 65583.2(c)(3)(B).
The project density is 46 units per acre and the Mullin density for Danville is 30 units per
acre.
7. The project meets the requirements specified in Government Code section
65913.4(a)(6).
The Project does meet the requirements specified in Government Code Section
65913.4(a)(6), including at least 75% of the square footage being devoted to residential
use.
8. The project does not require the demolition of a historic structure that was placed
on a national, state, or local historic register before the date a preliminary
application was submitted for the project.
The three commercial buildings to be demolished have no historical significance.
9. For a project that was deemed complete on or after January 1, 2025, no portion of
the project is designated for use as a hotel, motel, bed and breakfast inn, or other
transient lodging.
The project consists of new market rate and affordable housing and does not include
transient lodging.
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 building permits 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 Development Plan request DP 25-0002 and Tree
Removal request TR25-0028 to allow the development of a mixed-use
development including the construction of a new 200-unit four-story
348,112 square foot multifamily residential apartment building and the
retention of an existing 27,700 square foot two-story commercial building
on a 3.89-acre site. The Tree Removal request would allow for the removal
of five (5) Town-protect trees. The site is identified as the Village Shopping
Center, located at 101-119 Town & Country Drive (APN: 208-060-053).
a. Site Development Plan and Civil Drawings prepared by Mackay &
Somps, dated December 9, 2025.
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b. Preliminary Architectural Plans prepared by LPAS, Inc. dated
December 9, 2025.
c. Preliminary Landscape Plans prepared by MIC/PGA, dated
December 9, 2025.
d. Preliminary Stormwater Control Plan as prepared by MacKay &
Somps Civil Engineering dated December 4, 2025.
e. Traffic Impact Study prepared by Kimley-Horn, dated February
2026.
f. Biological Resource Assessment prepared by WRA Environmental
Consultants, dated December 18, 2024.
g. Preliminary Arborist Report prepared by Traverso Tree Service,
dated January 28, 2025.
h. Geotechnical Investigation as prepared by Rockridge Geotechnical,
dated October 18, 2024.
i. Air Quality & Greenhouse Gas Assessment prepared by Illingworth
& Rodkin, Inc. dated May 1, 2025.
j. Noise and Vibration Assessment prepared by Illingworth & Rodkin,
Inc. dates May 2, 2025.
k. Phase 1 Environmental Site Assessment prepared by GSI
Environmental dated March 8, 2022.
2. This approval includes the granting of waivers of development standards
consistent with State Density Bonus Law. Approved waivers are as follows:
a. Floor Area Ratio (FAR) – The zoning district allows a maximum FAR of
120%. The application proposes a FAR of 141%.
b. Stories – The zoning district allows a maximum of three stories. The
application proposes four stories.
c. Height – The zoning district requires an average maximum height of 35
feet. The proposed project has a maximum average height of 50’-10”.
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d. Commercial Parking – The Town’s zoning ordinance required a total of
116 parking spaces for the remaining commercial building. The project
proposed to provide a total of 95 parking spaces.
3. The applicant requests one concession consistent with the State Density
Bonus Law. The approved concession is to allow a mixed-use development
as defined by State law, including a 200-unit residential building and
retention of an existing 27,700 square foot commercial building, rather than
a solely multifamily residential development.
4. The following fees for the 200-unit multifamily development due prior to
issuance of building permits (based on 2024/25 Master Fee Schedule which
was in effect when the Preliminary Application was submitted):
a. Improvement Plan Check Fee ………… 3% of cost estimate
b. Engineering Inspection Fee ................... 5% of cost estimate
c. Grading Permit, Plan check & Inspection Fee ..............TBD
d. Excavation Mitigation Fee (Flood Control) ...................TBD
e. Storm Water Control Plan Review ................. Fee plus 33%
f. Child Care Facilities Fee ........................................ $ 115/unit
g. Storm water Pollution Program Fee ................... $ 228/bldg
h. Park Land in Lieu Fee ......................................... $ 7,958/unit
i. SCC Regional Fee ................................................ $ 1,877/unit
j. Residential TIP Fee ............................................. $ 1,400/unit
k. Tri-Valley Transportation Fee ........................... $ 4,243/unit
l. Finish Grading Inspection Fee ............................ $ 230/bldg
m. NPES ...................................................................... $ 228/bldg.
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 $357.00
($110.00 + 149 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 issuance of grading permits, a Phase I environmental assessment is
required. If a “recognized environmental condition” is found, a more
detailed preliminary endangerment assessment shall be required to identify
any hazardous substance release. Any identified release must be remediated
to meet federal and state standards before a certificate of occupancy can be
issued.
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8. Native American Monitoring. Prior to ground disturbing activities,
including any archaeological testing involving ground disturbance, a
Confederated Villages of Lisjan Nation (CVLN) Tribal monitor(s) shall be
retained. Confederated Villages of Lisjan Tribal monitor(s) will have the
authority to halt and redirect work should any archeological or tribal
cultural resources be identified during monitoring. If archeological or
Tribal cultural resources are encountered during ground disturbing
activities, work within 100 feet of the find must halt and the find must be
evaluated for listing in the CRHR and NRHP. Monitoring may be reduced
or halted at the discretion of the CVLN monitor, in consultation with the
lead agency, as warranted by conditions such as encountering bedrock,
sediments being excavated are fill, negative findings during the first 50
percent of the entire area of ground disturbance, etc. If monitoring is
reduced to spot checking, spot checking shall occur when ground
disturbing activities move to a new location within the project site and/or
when ground disturbance will extend to depths not previously reached
(unless those depths are within bedrock).
9. Unanticipated Discovery of Tribal Cultural Resources. If cultural resources
of Native American origin are identified during grading or excavation of
the proposed project, all ground disturbing activities within 100 feet shall
cease until a representative from the Confederated Villages of Lisjan Nation
shall be consulted by the government agency. If the lead agency in
consultation with the consulting Tribe(s), determines that the resource is a
tribal cultural resource and thus significant under CEQA and/or the Tribe,
the lead agency shall retain a Tribal monitor and, if applicable, a qualified
archeologist, at the project proponent’s expense, to prepare a mitigation
plan, which shall be implemented by the lead agency in accordance with
state guidelines and in consultation with the consulting Tribe. The
mitigation plan shall include avoidance of the resource or, if avoidance of
the resource is not feasible, the plan shall outline appropriate treatment of
the resource in coordination with the consulting Tribe. Examples of
appropriate mitigation for tribal cultural resources include, but are not
limited to, protecting the cultural character and integrity of the resources,
protecting traditional use of the resources, protecting the confidentiality of
the resources, or heritage recovery. Prior to commencement of ground
disturbing work, the project proponent will arrange a site visit with the
Tribe and agree on an appropriate location for reburial on site in the event
that any tribal cultural resources are inadvertently discovered during
project construction. This location would be accessible to Tribal members
in perpetuity and would not be subject to further disturbance. Any
discovery and reburial is to be kept confidential and secure to prevent any
further disturbance.
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10. Halt Work/Coroner’s Evaluation/Impact to Previously Undiscovered
Human Remains. If human remains are encountered during construction
and/or other ground disturbing activities, all work within 100 feet of the
remains should be redirected and the County Coroner notified
immediately. At the same time, an archeologist shall be contacted to assess
the situation. If the human remains are of Native American origin, the
Coroner must notify the Native American Heritage Commission (NAHC)
within 24 hours of this identification. The NAHC will identify a Native
American Most Likely Descendent (MLD) to inspect the site and provide
recommendations for the proper treatment of the remains and any
associated funerary objects. There shall be no pictures taken or testing done
on the Native American human remains. All bone, until identified as not
human remains, shall be treated as potential human remains and the
appropriate protocols followed. The archeologist shall record information,
as appropriate and in accordance with the recommendations of the MLD
and/or Tribal representative. Upon completion of the archeologist’s
assessment, a report should be prepared documenting methods and results,
as well as recommendations regarding the treatment of the human remains
and any associated archeological materials. The report should be submitted
to the lead agency, the NWIC and the consulting Tribe. Tribal
representatives will rebury the Native American human remains and
associated funerary objects with the appropriate dignity, either; in
accordance with the recommendations of the MLD if available or in the
project vicinity at a location agreed upon between the Tribe and the project
proponent, which would be accessible to Tribal members in perpetuity and
would not be subject to further disturbance. The discovery and reburial is
to be kept confidential and secure to prevent any further disturbance.
11. Ongoing Tribal consultation regarding cultural resource assessment. The
Tribe will have the opportunity to review the cultural resource assessment
and consult on any ground disturbing testing that may be proposed for this
project to make sure the methods are culturally appropriate and sufficient
to identify Native American cultural resources within the project area. As
stated in Condition No. 8, a Tribal monitor will be retained for any ground
disturbing testing carried out as part of the cultural resource assessment.
The Tribe will also have the opportunity for a follow-up consultation with
the lead agency after reviewing the completed cultural resources
assessment to make further recommendations regarding tribal cultural
resources that may be identified during the cultural resources assessment.
* 12. 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
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and the Chief Building Official for building construction activity.
* 13. 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
14. Construction activity shall comply with the following requirements:
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
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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.
* 15. 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.
* 16. 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.
17. 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
* 18. The applicant shall submit a written Compliance Report detailing how the
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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.
19. If demolition or construction activity (e.g., tree removal, grading, road
construction, home construction, etc.) is to commence 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.
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 project plans indicate that required easements will be created through
amended CC&Rs. All easements necessary to serve the project, including
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access, utilities, drainage, and stormwater facilities, shall be in place or
legally committed prior to issuance of building permits. Easement
documentation will be reviewed with subsequent submittals as necessary.
3. To facilitate the recordation of all necessary easements, final plans shall
show adjacent property ownerships throughout, particularly along the
south and west boundaries, and clearly indicate any locations where
proposed improvements rely on rights across adjoining parcels.
Documentation of necessary permissions where improvements extend off
site shall be required.
4. The property owner shall be required to record a deed notification stating
that the commercial portion of the site may not be subdivided from the
residential portion of this mixed-use development. The property owner
shall provide the Town with documentation regarding the recordation of
this deed notification prior to issuance of building permits for the
development.
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. For development activity which will occurs in the direct vicinity of 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
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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 of five (5) Town-
protected trees. As a result, the applicant shall be responsible for the
planting on-site of either ninety-six (96) 15-gallon oak trees (which are
counted as 2” diameter trees) or forty-eight (48) 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. Any additional tree removal shall be subject to the submittal of a separate
Tree Removal application and revised landscape plan and shall be subject
to review by the Town’s Design Review Board.
8. Prior to issuance of building permits for the development, the applicant
shall review project layout variations in an attempt to preserve the redwood
trees (trees 78, 79 & 80) at the site’s access to the commercial parking area
at Town & County Drive, subject to review and approval by the Design
Review Board.
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.
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. In addition, final colors, and all proposed
materials, including building siding, balcony railing, and roof equipment
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screening, shall be subject to review and approval by the DRB prior to
issuance of building permits.
E. 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.
* 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.
F. 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. Final
below-grade grading, drainage, excavation support, and groundwater
mitigation measures shall be designed in conformance with the approved
geotechnical report and will be reviewed and approved with subsequent
Building Permit and Improvement Plan submittals.
* 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
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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
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
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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.
9. The grading at the bioretention basin near the western driveway creates an
excessively deep condition at the southern end, resulting in tall interior
basin walls and potential concerns with constructability, maintenance,
aesthetics, and pedestrian safety. The grading plan shall be revised to
reduce basin depth at this location; terracing, stepped benches, or similar
re-grading may be appropriate, subject to review and approval by the Town
Engineering Division.
G. 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
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
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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. Prior to the issuance of any Certificates of Occupancy, the developer shall
coordinate with the Transportation Division for the implementation of the
recommended improvements outlined in the project Traffic Impact Study,
including recommended signal timing adjustments at the San Ramon
Valley Boulevard and Sycamore Valley Road intersection and
modifications at the San Ramon Valley Boulevard and Wells Fargo
driveway in coordination with the adjoining property owner.
9. Prior to the issuance of any Certificates of Occupancy, the developer shall
implement the parking restrictions needed on Town & Country Drive as
outlined in the project Traffic Impact Study to ensure appropriate sight
visibility at all project driveways.
10. The Project shall be required to stripe curbs and install any necessary
parking or circulation signage, as determined by the Transportation
Division and consistent with the approved Signing and Striping Plan and
the approved Fire Access Plan.
11. Appropriate signage shall be placed at subterranean garage entrance to
generally prohibit right-turn movements out of the garage and limiting
other movements as outlined in the project Traffic Impact Study, subject to
approval by the Transportation Division.
12. Designated parking areas for delivery vehicles shall be provided on the
project site plans, including the Signing and Striping Plan, subject to
approval by the Transportation Division.
13. 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.
14. 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
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employees can either park on-site or at an approved 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.
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 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
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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
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.
I. 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 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
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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
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.
4. Prior to issuance of building permits, the applicant shall execute an
affordable housing agreement with the Town. The agreement shall identify
21 units within the development to be restricted to very low-income
households for a period of 55 years. Household income data is established
by the State annually and varies depending on household size. The
agreement shall specify maximum rental rates and provide for a utility
subsidy. The agreement is subject to review and approval by the Danville
Town Council.
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APPROVED by the Danville Planning Commission at a regular meeting on February 24,
2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
CHAIR
APPROVED AS TO FORM:
__________________________ ______________________________
CITY ATTORNEY CHIEF OF PLANNING
Bowles, Combs, Graham, Halker, Palandrani, Radich, Trujillo
None
None
None
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