Danville council to continue debate on Diablo Road apartment project

The Danville Town Council on Tuesday is set to consider the fate of an appeal aiming to stop the development of a 150-unit apartment project just outside downtown.

The Planning Commission approved the project in February, but in light of an appeal filed by Danville Citizens for Responsible Growth, the council held an April public hearing.

After the hearing, the Town Council directed the applicant and staff to address design concerns and provide additional information regarding the project before returning at a later date.

That new hearing date has been scheduled for Tuesday evening, and town staff is recommending denial of the appeal to allow the project to move forward.

“With this information and changes to the project and in light of the legal standard of review discussed on April 18, it is still recommended that the appeal be denied and the Planning Commission decision affirmed, based on the proposed project’s conformance with the Town’s General Plan and applicable State of California housing laws,” wrote chief of planning Kevin J. Gailey and city attorney Robert Ewing in a staff report.

Danville Office Partners, LLC, seeks approval to construct a 150-unit, for-rent apartment development spread among a trio of buildings — a mix of two and three stories high — situated on an approximately 3.7-acre parcel at 373-383 Diablo Road.

Currently, the property contains two-story office buildings from the 1970s. It was one of two sites in the town that secured a new multifamily land-use designation through the 2030 General Plan approval in light of the regional housing needs allocation shortfall identified in the town’s 2007-14 Housing Element, according to town staff.

The apartments would not sit right along Diablo Road, but rather be set back behind roadside office buildings. Parking would be a combination of ground-level and basement parking.

According to town officials, since multifamily housing at a density of 25-30 units per acre is a “use by right,” a conditional use or planned unit development permit was not required. In addition, the project includes a 35% density bonus, the state maximum, which allows for certain waivers and concessions procedurally.

The Danville Citizens for Responsible Growth raised several objections to the project in its appeal, detailed in a letter sent March 9.

The letter stipulated that the “use by right” and CEQA exemption had been improperly determined, in particular because the project, they felt, may not adhere to local regulations and standards.

“(The use-by-right determination) was improperly applied to the project for a variety of reasons,” the letter reads, “including because the project will exceed density for zoning restrictions per the 2030 General Plan for this property. The previous environmental impact report is therefore not sufficient for this project due to exceeding the allowable zoning restrictions with respect to density.”

The letter also raises the concern that the project will adversely affect nearby waterways like San Ramon Creek in terms of run-off from the construction, and that the project could also negatively impact trees, traffic, pedestrians and bikers and air quality.

Authors of the letter requested further study and proof that these factors could be “mitigated or avoided.”

At the April 18 council hearing, several speakers asked that the proposed buildings be capped at two stories, according to the most recent staff report.

In response to the appeal and comments from the hearing, staff and the applicant made some adjustments and addressed the concerns raised, including reducing the maximum height from 37 feet to no taller than 35 feet.

The height of the westernmost building has been reduced to a maximum of 25 feet and will be entirely two stories. The middle building will be a mix of two and three stories, and the easternmost building will be entirely three stories.

The applicant also attached additional reports to the application such as a traffic impact analysis, a tree report and an air quality impact study and health risk assessment study, to assuage the concerns voiced by the Danville Citizens for Responsible Growth.

Tuesday’s meeting is scheduled to start at 7:30 p.m., taking place at the Town Meeting Hall, 201 Front St. in downtown Danville.

In other business

* The council will formally introduce newly appointed Danville Police Chief Allan Shields.

* Vice Mayor Newell Arnerich and Councilwoman Karen Stepper will present a transportation report.