The Danville Town Council is set to hold a public hearing at its meeting Tuesday to discuss the proposed construction of a new assisted living facility.
Town staff is recommending the council deny an appeal and uphold the Planning Commission’s initial approval of the development plan request for The Ivy, a three story 105-unit assisted living facility proposed for 828 Diablo Road, according to the staff report. The property is currently home to the Sloat Garden Center, a family-owned business that has been operating in Danville since 2016.
Approving staff’s recommendation would also mean allowing the removal of five Town-protected trees, under the Tree Removal Permit request.
The planning commission previously reviewed and approved the development plan request and tree removal request during their meeting on May 27. But the following day, the town received an appeal of the decision from John Phillips, whose residence is located behind the project site.
Phillips appealed the commission’s decision due to what he considers unaddressed soil contamination risks. His appeal specifically raised concerns about the project’s eligibility for a Class 32 exemption under the California Environmental Quality Act (CEQA). The Class 32 exemption is intended for infill development projects in urban areas that meet specific environmental criteria.
“The sellers Phase I study and Limited Site Investigation found dieldrin and chlordane exceeding DTSC screening levels (0.035 ppm and 0.43 ppm), linked to cancer and neurological issues…Excavation for a three-story, 39-foot building risks releasing toxins, endangering residents and memory care seniors,” Phillips wrote in his appeal to the Danville Town Council.
Town staff provided responses to each of the appellants concerns, including the town’s findings that the proposed project aligns with the General Plan and zoning regulations for the site and that the project is not subject to additional environmental review.
“The soil testing was completed by Terracon Consultants Inc., a well-known and licensed company. All reports, including the Phase I Environmental Assessment and Limited Site Investigation, are and have been available on the Danville Town Talks website. A link to that site was provided to all surrounding residents as part of the Town’s public notification. The appellant was directly emailed a link to find these studies prior to the Planning Commission meeting,” the staff report reads.
Additionally, the staff report explains that of the Town-protected Valley Oak trees being eyed for removal, two of them are requested for removal due to incompatibility with the proposed development. The other three are proposed for removal due to the existing deteriorating health of the trees. However, the removal of Town-protected trees would be mitigated by the planting of new oak trees.
The next Town Council meeting is set for Tuesday (July 1) at 5 p.m. The meeting agenda can be found here.
In other business
*The council is set to proclaim July as Parks and Recreation Month.
This annual recognition will highlight the vital role that parks, recreation programs, and community facilities play in enhancing the quality of life and fostering community engagement. It will also help raise awareness of the importance of maintaining and investing in green spaces, trails, sports facilities, and cultural events.
*Also on the agenda is a resolution to approve employee salary ranges for fiscal year 2025-26.
The Town Council last month approved the Operating Budget for Fiscal Year 2025-26. That resolution also approved a 3% adjustment to all employee salary ranges. However, the oral report required by state law was inadvertently left out. To correct that oversight, the council needs to readopt the employee salary ranges after providing the oral summary of the changes for affected department heads.
Following the regular meeting during closed session, the council is set to discuss pending litigation with Ido Adler, the owner of a 47-acre parcel in the Anderson Ranch neighborhood who filed a lawsuit against the town last year claiming that the town failed to follow applicable state law in its denial of an application for a subdivision on the property in order to accommodate a 38-unit housing project that was first applied for in 2023.
