RESOLUTION NO. 66-2026
DENYING AN APPEAL AND UPHOLDING THE PLANNING COMMISSION APPROVAL OF DEVELOPMENT PLAN DEV25-0013, MAJOR SUBDIVISION SUB25-0011, AND TREE REMOVAL REQUEST TR26-0020 TO ALLOW THE DEVELOPMENT OF A MIXED-USE HOUSING DEVELOPMENT AT 222 WEST
EL PINTADO ROAD AND ENCOMPASSES MUCH OF THE AREA TO THE WEST ALONG ILO LANE AND CHARLES LANE. THE APPLICANT IS THE
COMMUNITY PRESBYTERIAN CHURCH OF DANVILLE AND
PEOPLE MEETING CHRIST FOUNDATION
WHEREAS, the Community Presbyterian Church and People Meeting Christ Foundation (OWNER/APPLICANT) have requested approval of a Development Plan, Major Subdivision, and Tree Removal application; and
WHEREAS, the Development Plan application (DEV25-0013) would allow the development and approve the architectural design of 49 Townhomes, incorporating 19 accessory dwelling units (ADUs), a new 26,866 square foot youth/ministry building to be located in the front southwest parking lot area, a new 1,035 square foot outdoor pavilion near the exiting building’s main entry, the expansion of the existing sanctuary and lobby totaling 2,507 square feet, a soccer field, and basketball courts; and WHEREAS, the Major Subdivision request (SUB25-0011) would allow for the subdivision of the site to allow for the townhouse development; and WHEREAS, the Tree Removal request (TR26-0020) would allow the removal of 47 Townprotected trees; and WHEREAS, the 12-acre site is located at 222 West El Pintado Road and includes the majority of the area to the west along Ilo and Charles Lanes, and is further identified as APNs: 196-201-051, 021, 020, 018, 052, 032, 033, 034, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013; and
WHEREAS, pursuant to the State Density Bonus Law (DBL) the applicant has agreed to provide five percent (5%) of base units (4 units) as affordable to households at or below Very Low Income and has requested one concession/incentive to waive a requirement to underground existing overhead utility lines on Ilo Lane; 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 developments; and
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WHEREAS, the Planning Commission approved the request during a duly noticed meeting on May 26, 2026; and
WHEREAS, the Planning Commission’s approval was appealed by concerned neighborhood residents; and
WHEREAS, a staff report was prepared recommending that the Town Council deny the appeal and approve the request; and
WHEREAS, public notification for the public hearing to consider this proposal was provided consistent with all requirements of the law; now, therefore, be it RESOLVED, that the Town Council of the Town of Danville denies the appeal and upholds the Planning Commission action and approves Development Plan request DEV25-0013, Major Subdivision SUB25-0011, Tree Removal request TR26-0020 and makes the following findings in support of this action:
FINDINGS OF APPROVAL
Development Plan
1. The proposed development is in substantial conformance with the goals and policies of the Danville 2030 General Plan, the Town’s 2023-2031 Housing Element and the site’s Residential – Multifamily – Medium/High land use designation which requires multiple family residential development in the range of 20-25 units per acre. The proposed development is also consistent with the Town Residential – Single Family – Low Density land use designation as the proposed church expansion is considered part of a mixed-use housing development under State law.
2. The design of the proposed development is substantially in conformance with the site’s M-25; Multifamily Residential and the site’s P-1; Planned Unit Development zoning district. These zoning districts are 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 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 Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 3 OF RESOLUTION NO. 66-2026
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. The proposed concession/incentive is allowed under the State Density Bonus Law, is consistent with State and Federal Law, will result in actual and identifiable housing project cost reductions, and would not result in any identified significant adverse impacts to public health or safety or to any real property listed in the California Register of Historic Resources.
Tree Removal Permit
1. Necessity. The primary reason for removal of 47 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 47 Town-protected trees will not significantly affect offsite 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 a housing development project as defined in Cal. Gov. Code 65905.5(b).
The project is a mixed-use housing development project with at least 2/3rds of the new or converted square footage constructed for residential use.
2. The project is not more than 20 acres.
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The project is 12.01 acres in size.
3. The project is located within the boundaries of an incorporated municipality. The project is located within the Town of Danville.
4. The site has been previously developed with an urban use.
The site development would be a redevelopment of a portion of an existing residential neighborhood.
5. 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 residential or religious facility uses.
6. 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 Residential – Multifamily – Medium/High land use and zoning designations as the project would be within the 20-25 unit per acre density range. The Town’s P-1 (R-6); Planned Unit Development zoning district lists religious facilities as a conditional use.
7. 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 23.2 units per acre and the Mullin density for Danville is 30 units per acre.
8. 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).
9. 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 residences to be demolished have no historical significance.
10. 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.
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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 DEV25-0013 incorporating findings pursuant to application of the California State Density Bonus Law, Major Subdivision SUB25-0011, and Tree Removal request TR26-0020 to allow the development of a mixed-use housing development including the expansion and renovation of the existing church facility and the construction of a 49- unit multifamily townhouse development which incorporate 19 accessory dwelling units (ADUs). The site is located at 222 West El Pintado Road and encompasses much of the area to the west along Ilo Lane and Charles Lane.
The applicant is the Community Presbyterian Church and People Meeting Christ Foundation (APNs: 196-201-051, 021, 020, 018, 052, 032, 033, 034, 004, 005, 006, 007, 008, 009, 010, 011, 012, 013.)
Except as may be modified by the conditions of approval contained herein, development shall be consistent with the project plans and reports as follows:
a. Vesting Tentative Map and Civil Plans as prepared by CBG Engineers, dated April 20, 2026.
b. Preliminary Architectural Plans prepared by Dahlin Group, dated April 20, 2026.
c. Preliminary Landscape Plans prepared by Dahlin Group, dated April 20, 2026.
d. Preliminary Stormwater Control Plan as prepared by CBG, dated April 8, 2026.
e. Transportation Impact Study, as prepared by W-Trans, dated April 2, 2026.
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f. Preliminary Arborist Report prepared by Woodreeve Consulting, dated February 2026 with Protected Tree Table update dated April 9 2026.
g. Geotechnical Investigation as prepared by ENGEO, dated January 7, 2026.
2. Pursuant to the State Density Bonus Law, this approval includes the granting of a concession/incentive waiving the requirement contained within the Town’s Subdivision Ordinance requiring the undergrounding of all existing overhead utility lines. Specifically, the existing overhead utility lines along Ilo Lane are not required to be undergrounded as part of the approval.
3. The following fees for the 49-unit townhouse development with the incorporation of an additional 19 accessory dwelling units (accessory swelling units are not subject to mitigation fees) units are due prior to issuance of building permits except where deferral is otherwise permitted by State Law or fees are off-set in whole or part by land dedication, exemption, or alternate compliance approved by the Town prior to collection:
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. Park Land in Lieu Fee ......................................... $ 8,059/unit h. SCC Regional Fee - Res ...................................... $ 1,864/unit i. SCC Regional Fee - Com .............................. $ 1.87/gross s.f. j. Residential TIP Fee ............................................. $ 1,400/unit k. Commercial TIP Fee ...................................... $ 4.50/gross s.f. l. Tri-Valley Transportation Fee - Res ................. $ 4,328/unit m. Tri-Valley Transportation Fee - Com ......... $ 6.25/gross s.f. n. Finish Grading Inspection Fee ............................ $ 242/bldg o. NPDES – Multi-Residential ................................ $ 228/bldg. p. NPDES – Commercial ......................................... $ 464/bldg.
4. Prior to issuance of building permits, the developer shall reimburse the Town for notifying surrounding residents and interested parties of the public hearings and study sessions for the project. The fee shall be $751.20 [2 notifications X ($138.00 + 270 notices X $0.88 per notice)].
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* 5. 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.
* 6. 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 and the Chief Building Official for building construction activity. * 7. 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 for heating, ventilation, and air conditioning systems facing away from I-680 freeway.
8. 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.
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Equipment Idling. Construction vehicles and equipment shall not be left idling for longer than five minutes when not in use.
Workers’ Radios. All noise from workers’ radios shall be controlled to a point that they are not audible at sensitive receptors near construction activity.
Smart Back-up Alarms. Mobile construction equipment shall have smart back-up alarms that automatically adjust the sound level of the alarm in response to ambient noise levels. Alternatively, back-up alarms shall be disabled and replaced with human spotters to ensure safety when mobile construction equipment is moving in the reverse direction. Disturbance Coordinator. The applicant shall designate a disturbance coordinator who shall be responsible for responding to any local complaints about construction noise. The noise disturbance coordinator shall determine the cause of the noise complaint (e.g., starting too early, bad muffler, etc.) and shall require that reasonable measures warranted to correct the problem be implemented. A telephone number for the 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.
* 9. 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.
* 10. 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.
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11. All physical improvements other than landscaping shall be in place prior to occupancy of any structure in each stage of the project. All landscaping shall be installed prior to occupancy of the final unit or building. 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
* 12. The applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with as part of the initial submittal for the final map, plan check, and/or building permit review process (whichever occurs first). This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The applicant must sign the 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.
13. 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 Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 10 OF RESOLUTION NO. 66-2026
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.
14. Prior to the issuance of grading permits, the applicant shall retain a specialist to assess rodent control impacts anticipated to be associated with grading activity and installation of improvements. As deemed necessary, following the Planning Division’s review of the specialist’s assessment, the applicant shall develop and implement a rodent control plan to reduce impacts to surrounding properties to the extent reasonably possible for the time periods of heavy construction activity. The report shall include a schedule for regular rodent inspections and mitigation in conjunction with the developer and the Town based on the development schedule for the project. This report shall be subject to review and approval by the Planning Division.
B. TRIBAL CONSULTATION
The applicant shall implement all required conditions related to tribal consultation resources set forth in Public Resource Code Sec. 21080.66(b)(4)(B). The applicant shall further consider the following conditions of approval proposed as a result of the Town’s Tribal Consultation as required und SB 52. As some conditions of approval received from two separate tribes are duplicative, the applicant is encouraged to meet with the tribes to consolidate AB 130 requirements.
Muwekma Ohlone Tribe
1. The developer shall enter into a contract with the Muwekma Ohlone Tribe to provide for the following:
a. A Muwekma Ohlone Tribe–designated Tribal Monitor shall be present during all ground-disturbing activities, including but not limited to grading, excavation, trenching, drilling, and utility installation. b. All construction personnel shall participate in a cultural sensitivity training conducted by the Muwekma Ohlone Tribe prior to the start of grounddisturbing activities. c. In the event that cultural materials are encountered, all work within a 50- foot radius of the find shall halt immediately. The Tribal Monitor shall notify the project archaeologist and appropriate parties to evaluate the discovery and recommend treatment.
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d. If human remains are encountered, all work shall cease immediately, and the County Coroner shall be notified in accordance with California Health and Safety Code Section 7050.5. If the remains are determined to be Native American, the Native American Heritage Commission shall be contacted and appropriate procedures followed.
e. The Muwekma Ohlone Tribe shall be notified of any pre-construction meetings and provided with the construction schedule to ensure monitoring coverage.
f. The Muwekma Ohlone Tribe shall be provided the opportunity to review and comment on any cultural resources treatment plans or mitigation measures prior to implementation.
Confederated Villages of Lisjan Nation
g. 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).
h. 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 is 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 Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 12 OF RESOLUTION NO. 66-2026
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. i. 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.
j. The project proponent shall retain a qualified archeologist to conduct a cultural resource assessment consisting of, at minimum, a desktop survey and a pedestrian survey, along with recommendations for potential additional testing and mitigation measures. The Tribe will have the opportunity to review the cultural resource assessment and consult on any additional 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 TCR-1, a Tribal monitor will be retained for any ground disturbing testing carried out as part of the cultural resource assessment. The project Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 13 OF RESOLUTION NO. 66-2026
proponent will also share with the Tribe plans for any geotechnical studies to be carried out on the project site. A CVLN Tribal monitor will be retained to monitor this testing, to minimize total ground disturbing testing by observing the sediment excavated during geotechnical work for tribal cultural resources rather than performing additional archaeological testing, unless expressly necessary and requested by the Tribe.
k. The Tribe will have the opportunity for continued consultation with the lead agency after reviewing the completed cultural resources assessment to make any further recommendations regarding tribal cultural resources that may be identified during the cultural resources assessment and/or geotechnical testing.
C. 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. Prior to issuance of building permits, final mailbox locations and configurations shall be coordinated with the United States Postal Service (USPS) and shall be subject to review and approval by the Planning Division. Mail facilities shall be designed to maintain adequate pedestrian accessibility, visibility, and circulation.
3. Prior to issuance of building permits, the applicant shall demonstrate that adequate provisions have been made for trash and recycling collection services, including enclosure design, collection locations, vehicle access, and ongoing maintenance responsibilities, subject to review and approval by the Planning Division and service provider, as applicable.
D. 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.
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* 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. A detailed Tree Mitigation Plan shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The plan shall depict the number, species, and locations of replacement trees.
Mitigation trees are required to be of a number over and beyond the typical landscape trees planted as part of the project.
6. 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 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.
7. The developer shall be required to mitigate the loss of 47 Town-protected trees (totaling 833 inches in trunk diameter). As a result, the applicant shall be responsible for the planting on-site of either 416 15-gallon oak trees (which are counted as 2” diameter trees) or 208 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.
8. 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 under a separate Tree Removal application.
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E. 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 screening, shall be subject to review and approval by the DRB prior to issuance of building permits.
4. As part of the Design Review Board’s final review, the applicant shall address the following comments made by the Design Review Board at their meeting of April 16, 2026:
a. Consider modifying the townhouse awnings to be made from metal or having alternate treatment to provide low maintenance and consider having the awnings match the townhouse roofs by having a standing seam or composite shingle roof.
b. Develop warmer color pallets for review.
c. Consider removing some of the townhouse corner trellises. d. Attempt to better align the vertical windows for all three stories on the townhouse front elevations.
e. Study the use of the same color faux wood slates as being used on the new ministry building for balcony railing and posts and trellis structures on the townhomes.
f. For the retaining wall at the corner on West El Pintado, use the same rock facing as on the building clock tower.
g. For the existing church building front elevation, instead of the green screen materials on the windows, use the same faux wood slate material/color as on the new building.
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F. PARKING
1. All parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhang of automobiles.
* 2. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Self-park compact spaces shall be no less than 8 feet by 16 feet in size, including allowable overhang. * 3. Regulatory signage/curb painting for the non-parking side of the interior loop roadway shall be provided, if deemed necessary, to the satisfaction of the San Ramon Valley Fire Protection District and the City Engineer.
4. Designated parking areas for bicycles and delivery vehicles shall be provided on the project site plans, including the Signing and Striping Plan, subject to approval by the Transportation Division.
G. GRADING
* 1. Any grading, drainage work, access, or other construction activity on adjacent property shall require prior written authorization from the affected property owner(s), and evidence of such authorization shall be provided to the Town upon request.
* 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. 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.
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* 4. 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. * 5. 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. * 6. 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.
7. Prior to ground disturbing activities, the project applicant shall install a silt fence or fabric fence along the perimeter of the site, adjacent to residential development, to provide a barrier to movement by rodents and other wildlife. The fence shall be maintained until all vegetation is remove from the site. During grading and construction activities, the project applicant Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 18 OF RESOLUTION NO. 66-2026
shall maintain a contact person including a phone number, should issues associated with rodent dispersal occur, and shall monitor these recommended actions to determine their efficacy.
H. STREETS
* 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement.
* 2. 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 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.
* 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. * 5. Handicapped ramps shall be provided and located as required by the City Engineer.
* 6. The Project shall be required to stripe curbs and install any necessary parking or circulation signage, as determined by the Transportation Division.
7. Prior to issuance of grading or building permits, the applicant shall submit a Construction Staging and Management Plan for review and approval by the City Engineer and, where applicable, the Chief Building Official. The plan shall be coordinated with the project’s Traffic Control Plan, Erosion Control Plan, and Stormwater Pollution Prevention Plan, as applicable. The plan shall identify, at a minimum, construction staging areas, construction trailers, material storage areas, worker parking areas, prohibited parking areas, construction vehicle access routes, haul routes, temporary fencing, emergency access provisions, concrete washout areas, stockpile areas, Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 19 OF RESOLUTION NO. 66-2026
stormwater protection measures, and temporary pedestrian and bicycle access. Construction staging shall avoid steep slopes, drainage swales, tree protection areas, stormwater treatment areas, and other sensitive areas unless otherwise approved by the City Engineer. At no time shall construction phasing obstruct required emergency access, create unsafe drainage conditions, or eliminate required pedestrian access without approved temporary facilities.
8. Prior to the issuance of grading or building permits, the applicant shall submit a Traffic Control and Detour Plan to the City Engineer for review and approval. The plan shall maintain access along adjacent streets to the maximum extent feasible using traffic control personnel, detours, and signage as necessary. Plans must show lane closures, detours, temporary signals or flaggers, construction vehicle routes, and pedestrian/bike circulation. All temporary traffic control within the public right-of-way shall conform to the Manual on Uniform Traffic Control Devices (MUTCD) and the California Supplement.
9. As part of the Construction Staging and Management Plan, all construction vehicles, including private vehicles belonging to construction personnel, shall be prohibited from parking on any public streets or private streets beyond the designated construction site. All construction traffic shall enter and exit the site via Diablo Road and the southernmost segment of West El Pintado Road. No construction traffic of any kind, including private vehicles belonging to construction personnel, shall use the northern segment of West El Pintado Road for access to and from El Cerro Boulevard.
10. Prior to issuance of building permits, the project applicant shall develop a Travel Demand Management Plan (TDM) for the proposed project that is consistent with Mitigation Measure MM TRN-2.1 in the 2023-2031 Housing Element Draft Environmental Impact Report, including any anticipated phasing, as determined to be necessary/appropriate by the Town. The TDM Plan shall be submitted to the Town for review and approval and shall identify trip reduction strategies as well as mechanisms for funding and overseeing the delivery of trip reduction programs and strategies.
11. As part of the TDM Management Plan, all school related drop-off and pickup operations shall be monitored to confirm that queuing does not extend beyond the site boundaries onto public streets or private streets. The plan and all school operations shall be modified as necessary to ensure compliance with this requirement.
12. Prior to the issuance of any Certificates of Occupancy, the developer shall implement the recommended improvements as outlined in the project Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 20 OF RESOLUTION NO. 66-2026
Transportation Impact Study, dated April 2, 2026, including the prohibition of parking for a minimum of 20 feet on either side of the church parking lot driveways. In addition, all vegetation along the project frontage of West El Pintado Road and Ilo Lane shall be maintained by the property owner as necessary to provide for adequate site lines at all driveways.
13. Accessible curb ramps and new public sidewalks shall be provided and located as required by the City Engineer and in accordance with applicable accessibility standards.
14. The project shall provide curb markings, pavement markings, striping, parking controls, wayfinding, and circulation signage, as determined by the City Engineer and/or Transportation Division.
15. 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.
16. 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.
17. 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.
18. Designated parking areas for bicycles and delivery vehicles shall be provided on the project site plans, including the Signing and Striping Plan, subject to approval by the Transportation Division.
19. Prior to issuance of grading or building permits, the applicant shall participate in a pre-construction meeting with Building and Engineering Divisions.
I. INFRASTRUCTURE
* 1. Domestic water supply shall be from an existing public water system.
Water supply service shall be from the East Bay Municipal Utility District water system in accordance with the requirements of the District. * 2. All wastewater shall be disposed into an existing sewer system. Sewer disposal service shall be from the Central Contra Costa Sanitary District sewer system in accordance with the requirements of the District.
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* 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 all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements.
9. Except as waiver pursuant to the State Densit Bonus Law, 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. Except as waived or concession approved pursuant to the State Density Bonus Law, 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:
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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.
12. Prior to approval of Improvement Plans for each phase, the applicant shall submit a detailed Hydrology and Hydraulic Report for that phase, prepared by a licensed Civil Engineer and subject to review and approval by the City Engineer. The report shall include hydrologic and hydraulic calculations supporting the proposed storm drainage design, pipe sizing calculations, hydraulic grade line analysis as required, analysis of major and minor storm event conveyance, analysis of bypass and overflow routing, and confirmation that upstream and on-site flows can be conveyed without causing flooding or adverse impacts to adjacent properties or public infrastructure.
13. Prior to approval of Improvement Plans for any phase involving storm drain outfalls to the adjacent creek, the applicant shall identify all existing and proposed outfalls and obtain all required permits and approvals from applicable regulatory agencies, including CDFW, RWQCB, and CCCFCD, as applicable, to the satisfaction of the City Engineer.
14. Stormwater management, hydrology, hydraulic analysis, stormwater treatment design, and related drainage improvements for each phase shall be subject to third-party technical review, at the applicant’s expense, as directed by the City Engineer.
15. Prior to approval of Improvement Plans for each phase, the applicant shall provide documentation identifying ownership and long-term maintenance responsibility for all storm drainage facilities, stormwater treatment facilities, detention facilities, outfalls, and private streets associated with that phase, subject to review and approval by the City Engineer.
16. Any shared private stormwater treatment, detention, drainage, access, or related infrastructure serving multiple ownership areas shall be governed by recorded reciprocal access, maintenance, and cost-sharing agreements, subject to review and approval by the City Engineer and City Attorney.
17. Prior to approval of Improvement Plans for frontage improvements along the Soto property frontage on Ilo Lane, the applicant shall make a good faith Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 23 OF RESOLUTION NO. 66-2026
effort to acquire any additional frontage rights, sidewalk easements, or right-of-way necessary to accommodate the approved sidewalk and frontage improvement configuration. The applicant shall provide documentation of outreach and coordination efforts with the affected property owner(s), subject to review by the City Engineer. If the required frontage rights cannot be obtained, the applicant shall work with the Town to revise the frontage improvements to the maximum extent feasible while maintaining pedestrian accessibility and public safety, subject to approval by the City Engineer.
J. MISCELLANEOUS
* 1. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process.
* 2. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify and hold harmless the Town of Danville and its agents, officers and employees from any claim, action or proceeding against the Town or its agents, officers or employees to 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 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, Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB PAGE 24 OF RESOLUTION NO. 66-2026
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 longterm 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.
For phased development, each Improvement Plan submittal shall include a phase-specific Stormwater Control Plan demonstrating independent compliance with applicable C.3 requirements for that phase without reliance on future phases.
4. Prior to issuance of building permits, the applicant shall execute an affordable housing agreement with the Town. The agreement shall identify four ADUs within the development that id rented be restricted to very lowincome 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 consistent with State law standards for housing development projects.
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APPROVED by the Danville Town Council at a regular meeting on July 21, 2026, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
_____________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
__________________________ ______________________________
CITY ATTORNEY ACTING CITY CLERK
Docusign Envelope ID: 19D6598F-C090-8DA6-82BC-29F4BE9FF8AB