HomeMy WebLinkAbout2009-28
RESOLUTION NO. 2009-28 - PLANNING COMMISSION
APPROVING DEVELOPMENT PLAN REQUEST DEV09-0034, LAND USE PERMIT
REQUEST DEV09-0041, AND VARIANCE REQUEST V AR09-0011 RELATED
TO THE REDEVELOPMENT AND USE OF THE VETERANS
MEMORIAL BUILDING (APN: 208-022-016)
WHEREAS, the TOWN OF DANVILLE (Owner/ Applicant) has requested approval of
a Development Plan (DEV09-0034), Land Use Permit (DEV09-0034) and Variance
(V AR09-0011) application related to the redevelopment and use of the Danville
Veterans Memorial Building located on a 13,694 + / - square foot site; and
WHEREAS, the subject property is located at 400 Hartz Avenue, and further identified
as APN: 208-022-016; and
WHEREAS, the Development Plan request would allow for the construction of a 6,089
+ / - square foot addition to the existing 6,625 + / - square foot building, including the
demolition and replacement of approximately 3,120 square feet of the existing building
and a 1,100 square foot basement; and
WHEREAS, the Land Use Permit request would allow the expansion of existing civic
uses into the new first floor space; and
WHEREAS, the Variance request would allow 1) an 83% floor area ratio, while the
Town's Downtown Business District (DBD) Ordinance allows a maximum floor area
ratio of 80% for the subject zoning district; 2) an average 7.5 + / - foot front yard setback
along Hartz Avenue while the Town's DBD Ordinance requires a minimum 10 foot
average front yard setback, and; 3) a maximum 10 foot encroachment into the required
minimum 10 foot secondary front yard setback (East Prospect Avenue) for a 44' length
of the building; and
WHEREAS, a Historic Resource Evaluation prepared for the site found that the existing
Veterans Memorial Hall has historic significance; and
WHEREAS, pursuant to the requirements of the California Environmental Quality Act
(CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that no significant adverse environmental impacts
are expected to be associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on August 11,2009; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
recommend the Heritage Resource Commission approve the request; and
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
now, therefore, be it
RESOLVED that the Danville Planning Commission recommends the Danville
Heritage Resource Commission approve the Mitigated Negative Declaration of
Environmental Significance and approve the Development Plan (DEV09-0034), Land
Use Permit (DEV09-0034) and Variance (V AR09-0011) requests and makes the following
findings in support of this action:
FINDINGS:
Development Plan:
1. The owner/applicant intends to obtain permits for construction within 18
months from the effective date of plan approval.
2. The development will be an attractive and efficient development which will fit
harmoniously into and will have no adverse effects upon the adjacent or
surrounding development. The Town worked with a historic architect, a Steering
Committee made up of representatives of stake holders in the project, and the
Town's reviewing bodies to determine the most appropriate and reasonable
approach for the proposed redevelopment of the site.
3. The proposed project is consistent with the Danville 2010 General Plan and the
Downtown Business District Ordinance. The Development Plan ensures the
rehabilitation of a historic resource, and recognizes such resource as an essential
part of the Town's heritage.
4. The proposal will not be detrimental to the health, safety, and general welfare of
the Town. The Development Plan will result in a civic building designed to
accommodate the needs of the planned users of the facility.
5. The proposal is consistent with the Town's Historic Preservation Ordinance 32-
72 and the Town's Design Guidelines for Heritage Resources. The Development
Plan observes the recommended approaches for additions and new construction
on historic sites.
PAGE 2 OF RESOLUTION NO. 2009-28
Land Use Permit:
1. The proposed civic activities land use will not be detrimental to the health,
safety, and general welfare of the Town as no significant environmental impacts
have been found to be associated with the project as documented within the
Traffic Study, Tree Study, Phase 1 Environmental Assessment, Geotechnical
Report, and Hazardous Building Materials Survey.
2. The land use will not adversely affect the orderly development of property
within the Town. The building will provide for the needed space to
accommodate needs of veterans, seniors, and other groups.
3. The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town as the redevelopment of the site will
result in an upgraded building which will fit harmoniously into the downtown
area and will serve the needs of Danville citizens.
4. The land use will not adversely affect the policy and goals as set by the Danville
2010 General Plan. The Development Plan ensures the rehabilitation of a historic
and cultural resource, and recognizes such resource as an essential part of the
Town's heritage.
5. The land use will not create a nuisance and\or enforcement problem within the
neighborhood or community.
6. The land use will not encourage marginal development within the neighborhood
as the project will be consistent with the development standards for development
in the Downtown Business District and will be consistent with the Town's
Design Guidelines for Heritage Resources.
Variances:
Floor Area Ratio
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and Downtown Business District 1:
Old Town Retail in which the subject property is located.
2. Because of the following special circumstances applicable to this specific
property, strict application of the applicable zoning regulations would deprive
the subject property of rights enjoyed by others in the general vicinity and/ or
located in the same zoning district:
PAGE 3 OF RESOLUTION NO. 2009-28
a. The property contains a building of historic significance and is eligible to
receive consideration of flexible development standards, including floor
area ratio. Downtown Business District 1: Old Town Retail allows a
maximum floor area ratio of 80%. The proposed floor area ratio is 83%.
The additional 3 % of floor area translates into approximately 484 square
feet of floor area. The size of the area, spread over two stories, is not
significant in impacting the aesthetics of the site as a whole.
b. The proposed floor area ratio variance is not a grant of special privileges
as other properties in the area have been granted floor area ratio
variances, including three recently approved building.
3. This variance is in substantial conformance with the intent and purpose of the
Downtown Business District Area 1: Old Town Retail in which the subject
property is located. The addition will be constructed behind the historic
building at the front of the site, consistent with the historic development patterns
of the Downtown.
Front and Secondary Front Yard Setback
1. This variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and Downtown Business District Area
1: Old Town Retail in which the subject property is located.
2. Because of the following special circumstances applicable to this specific
property, strict application of the applicable zoning regulations would deprive
the subject property of rights enjoyed by others in the general vicinity and/ or
located in the same zoning district:
a. This variance does not constitute a grant of special privilege inconsistent
with the limitations on other properties in the area and the Downtown
Business District Area 1: Old Town, as most new buildings have been
given similar street side setback variances due to the Town's desire to
promote a pedestrian character and to help create architectural variation
along the street elevations.
3. This variance is in substantial conformance with the intent and purpose of the
Downtown Business District 1; Old Town, in which the subject property is
located since the variance will allow for the redevelopment of the site consistent
with the desired character of the old town area.
PAGE 4 OF RESOLUTION NO. 2009-28
Certificate of Approval:
1. The proposed alteration will not adversely affect the historically significant
exterior architectural features of the existing building or the special character,
interest or value of its neighboring improvements and surroundings, including
facade, window and door design, roof shapes, scale, height and relationship of
material, color and texture.
2. The reviewing body relied upon the most current version of the Secretary of the
Interior's "Standards for Rehabilitation and Guidelines for Rehabilitating Historic
Buildings," the State Historic Building Code and the Town of Danville's Design
Guidelines for Heritage Resources.
CONDITIONS OF APPROV AL
Conditions of approval with an asterisk (*) in the left-hand column are standard project
conditions of approval.
Conditions of approval typed in italicized text are mitigation measures derived from
the Mitigated Negative Declaration of Environmental Significance prepared for the
project.
Unless otherwise specified, the following conditions shall be complied with prior to the
issuance of a building permit for the project. Each item is subject to review and
approval by the Planning Division unless otherwise specified.
A. GENERAL
1. This approval is for a Development Plan (DEV09-0034), Land Use Permit
(DEV09-0041), and Variance (V AR09-0011) request to allow a 6,089 + / - square
foot addition to the existing 6,625 + / - square foot Veterans Memorial Building,
including a 1,100 + / - square foot basement addition. The development would
include the demolition of 3,120 + / - square feet of the existing building and the
restoration of the front portion of the existing building to remain. The Land Use
Permit would allow the expansion of existing civic uses into the new first floor
space. The Variance requests would allow: 1) an 83 % floor area ratio, while the
Town's Downtown Business District Ordinance allows a maximum floor area
ratio of 80% for the subject zoning district; 2) an average 7.5 + / - foot front yard
setback along Hartz Avenue while the Town's Downtown Business District
Ordinance requires a minimum 10 foot average front yard setback, and; 3) a
PAGE 5 OF RESOLUTION NO. 2009-28
maximum 10 foot encroachment into the required minimum 10 foot secondary
front yard setback (East Prospect Avenue) for a 44' length of the building.
Development shall be substantially as shown on the project drawings as follows,
except as may be modified by conditions contained herein:
a. Preliminary Architectural Plans, Floor Plan, Roof Plan, Site Plan,
Landscape Plan, Elevation Plans, Renderings, and Details labeled
"Danville Veterans Memorial Building," as prepared by Architectural
Resources Group, Inc., consisting of 13 sheets, and dated received by the
Planning Division on August 6,2009.
b. Cut Sheets and Specifications, Preliminary Grading Plan, consisting of 10
sheets, and labeled Exhibit M.
c. Traffic Impact Study as prepared by TJKM Transportation Consultants,
dated June 18, 2009.
d. Historic Resource Evaluation, as prepared by Architectural Resources
Group, dated March 4,2009.
e. Geotechnical Evaluation, as prepared by Cornerstone Earth Group, dated
June 12, 2009.
f. Limited Phase 1 Environmental Site Assessment, as prepared by
Cornerstone Earth Group, dated January 27, 2009.
g. Hazardous Building Material Survey Report, as prepared by Kleinfelder,
dated February 23, 2009.
*2. 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. The
SRVFPD's initial comments on this project are summarized in part in their
memorandum dated August 4, 2009.
3. A Notice of Determination, and any applicable fees, shall be posted with the
Contra Costa County Clerk within five days of project approval.
*4. In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
PAGE 6 OF RESOLUTION NO. 2009-28
within 100 feet of the find shall be halted, the Town Planning Division notified,
and a professional archeologist, certified by the Society of California Archeology
and/ or the Society of Professional Archeology, shall be notified. Site work in
this area shall not occur until the archeologist has had an opportunity to evaluate
the significance of the find and to outline appropriate mitigation measures, if
deemed necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be consulted
and involved in making resource management decisions.
5. Construction activity shall be restricted to the period between the weekday hours of 7:30
a.m. to 5:30 p.m. (Monday through Friday) unless otherwise approved by the Town if it
is found that the work will not negatively impact surrounding properties. Prior to any
construction work on the site, including grading, the applicant shall install a minimum
3'x3' sign at the project entry which specifies the allowable construction work days and
hours, and lists the name and contact person for the overall project manager and all
contractors and sub-contractors working on the job.
*6. The applicant shall provide security fencing, to the satisfaction of the City
Engineer and/ or the Chief Building Official, around the site during construction
of the project.
7. The applicant shall require contractors and subcontractors to fit all internal combustion
engines with mufflers, which are in good condition, and to locate stationary noise-
generating equipment as far away from existing residences asfeasible.
*8. A watering program which incorporates the use of a dust suppressant, and
which complies with Regulation 2 of the Bay Area Air Quality Management
District shall be established and implemented for all on and off-site construction
activities. Equipment and human resources for watering all exposed or disturbed
soil surfaces shall be supplied on weekends and holidays as well as workdays.
Dust-producing activities shall be discontinued during high wind periods.
B. SITE PLANNING
*1. All lighting shall be installed in such a manner that lighting is generally down
directed and glare is directed away from surrounding properties and
rights-of-way.
*2. The location of any pad mounted electrical transformers shall be subject to
review and approval by the Planning Division prior to the issuance of a building
permit. To the extent feasible, such transformers shall not be located between any
street and the front of a building.
PAGE 7 OF RESOLUTION NO. 2009-28
C. LANDSCAPING
*1. Final landscape and irrigation plans shall be submitted for review and approval
by the Planning Division and Design Review Board. 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 underground irrigation system
and maintained in a healthy growing condition. Irrigation shall comply with
Town of Danville Landscape Ordinance #91-14 and landscape guidelines and
shall be designed to avoid runoff and overspray.
*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. Prior to tree removal and grading within the development area, a determination shall be
made as to whether grading or tree removal is proposed during the raptor nesting season
(February through August). If grading or tree removal is proposed during the raptor
nesting season, a focused tree pre-construction surveyfor raptor nests shall be conducted
by a qualified biologist during the nesting season to identify active nests on the project
site. The survey shall be conducted no less than 14 days, and no more than 30 days, prior
to the beginning of grading or tree removal. If nesting rap tors are found during the
focused survey, no grading or tree removal shall occur within 500 feet of an active nest
until the young have fledged (as determined by a qualified biologist). If impacts to nest
trees are unavoidable, they shall be removed during the non-breeding season.
6. If found to be feasible, in ground planters shall be extended along both sides of
the chimney on the south elevation subject to review and approval by the Design
Review Board prior to issuance of building permits.
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.
PAGE 8 OF RESOLUTION NO. 2009-28
*2. All trash and refuse shall be contained within enclosures architecturally
compatible with the project architecture. Enclosure design shall include six-foot
high masonry walls on three sides with steel framed gates and wood bolted to
the gates. Gates will be self-closing and self-latching. Prior to issuance of a
building permit, the applicant shall document that all trash/ recycling areas are
appropriately sized and located. The trash and recycling area(s) shall be covered
and bermed so as not to allow storm water run-off and run-on from adjacent
areas.
*3. The street number for the building shall be posted so as to be easily seen from the
street at all times, day and night by emergency service personnel.
*4. Samples of final materials and the proposed color palette shall be submitted for
review and approval by the Design Review Board prior to the issuance of
building permits for the project.
5. 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. Six full size sets of construction drawings for the project shall be
submitted to the Planning Division for design review concurrent or prior to, the
applicant initiating the Building Division plan check process. Color and roof
material mock-ups shall be made available at the project site prior to scheduling
the project for final Design Review Board review.
*6. If signing for the development is desired, in addition to any signs approved as
part of this application, a comprehensive sign program shall be submitted to the
Town for consideration under a separate application.
7. The building renovation/addition plans shall comply with the Town's Design Guidelines
for Historic Resources by retaining/preserving the most prominent historic portion of the
building, the front (Hartz Avenue) elevation and partial front north side elevation near
the corner of Hartz Avenue and East Prospect. The building additions shall be designed
to be complimentary to the historic building to remain and consistent with the
requirements of the Town's Design Guidelines for Historic Structures.
8. The final design of the metal cut-out design in the railing wall around the front
terraces shall be subject to review and approval by the Design Review Board
prior to issuance of building permits.
PAGE 9 OF RESOLUTION NO. 2009-28
9. For the mechanic equipment attic area above the senior wing, the wall detailing
shall include simple stucco/plaster recesses with no pre-cast concrete frames. In
addition the applicant shall study a darker color option for the entire subject
band. The recessed areas shall be approximately two inches deep, and shall be
carried to the adjacent windows to the right. In addition, the design of the
skylights shall be simplified. All modification shall be subject to final review and
approval by the Design Review Board prior to issuance of building permits.
10. The final design of the awning over the west facing senior entry, the exterior
stairway, and of the blank wall above stairway on the south elevation shall be
subject to review and approval by the Design Review Board prior to issuance of
building permits.
11. Details of the flagpole and surrounding landscaping/hardscape treatment
around the flagpole shall be subject to review and approval by the Design
Review Board prior to issuance of building permits.
12. Further study and details related to a canopy cover along the East Prospect
Avenue promenade, with the goal of softening and breaking-up this elevation
shall be submitted for review and approval by the Design Review Board prior to
issuance of building permits.
E. PARKING
1. This permit approval authorizes the development to utilize 27 additional off-site
parking spaces within Town municipal parking lot facilities.
2. The applicant shall install permanent signs in front of the building on both Hartz
Avenue and East Prospect Avenue to direct patrons to utilize the Front Street
municipal parking lot.
3. The available curb area along the East Prospect Avenue shall be assigned as pick-
up/ drop-off spaces. This area shall be designed to meet ADA standards.
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
PAGE 10 OF RESOLUTION NO. 2009-28
of the project site, to the homeowner associations of nearby residential projects
and to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept
current at all times and shall consist of persons with authority to initiate
corrective action in their area of responsibility. The names of individuals
responsible for dust, noise and litter control shall be expressly identified in the
notice.
*3. Development shall be completed in compliance with a detailed soils report and
the construction grading plans prepared for this project. The engineering
recommendations outlined in the project specific soils report shall be
incorporated into the design of this project. The report shall include specific
recommendations for foundation design of the proposed buildings and shall be
subject to review and approval by the Town's Engineering and Planning
Divisions.
*4. Where soils or geologic conditions encountered in grading operations are
different from that anticipated in the soil report, a revised soils report shall be
submitted for review and approval by the City Engineer. It shall be accompanied
by an engineering and geological opinion as to the safety of the site from
settlement and seismic activity.
*5. All development shall take place in compliance with the Town Erosion Control
Ordinance (Ord. 91-25). Restrictions include limiting construction primarily to
the dry months of the year (May through October). If all or part of the
construction does occur during the rainy season, the developer shall submit an
Erosion Control Plan to the City Engineer for review and approval. This plan
shall incorporate erosion control devices such as, the use of sediment traps, silt
fencing, pad berming and other techniques to minimize erosion.
*6. All 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.
PAGE 11 OF RESOLUTION NO. 2009-28
*7. All new development shall be consistent with modern design for resistance to
seismic forces. All new development shall be in accordance with the Uniform
Building Code and Town of Danville Ordinances.
*8. Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
*9. If toxic or contaminated soil is encountered during construction, all construction
activity in that area shall cease until the appropriate action is determined and
implemented. The concentrations, extent of the contamination and mitigation
shall be determined by the Contra Costa County Health Department. Suitable
disposal and! or treatment of any contaminated soil shall meet all federal, state
and local regulations. If deemed appropriate by the Health Department, the
applicant shall make provisions for immediate containment of the materials.
Runoff from any contaminated soil shall not be allowed to enter any drainage
facility, inlet or creek.
G. STREETS
*1. 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.
*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. Handicapped ramps shall be provided and located as required by the City
Engineer.
*4. The Project shall be required to stripe curbs and install any necessary parking or
circulation signage, as determined by the Transportation Division.
H. INFRASTRUCTURE
*1. All runoff from impervious surfaces shall be intercepted at the project boundary
and shall be collected and conducted via an approved drainage method through
the project to an approved storm drainage facility, as determined by the City
Engineer. Development which proposes to contribute additional water to
existing drainage systems shall be required to complete a hydraulic study and
PAGE 12 OF RESOLUTION NO. 2009-28
make improvements to the system as required to handle the expected ultimate
peak water flow and to stabilize erosive banks that could be impacted by
additional storm water flow.
*2. 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.
*3. 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.
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 and/ or Heritage Resource Commission approval through
the Development Plan review process.
*2. As a part of the issuance of a demolition permit and/ or building permit for the
project, the developer shall submit a recycling plan for building and construction
materials and the disposal of green waste generated from land clearing on the
site. Prior to obtaining framing inspection approval for the project,' the
applicant/ owner shall provide the Planning Division with written
documentation (e.g. receipts or records) indicating that waste materials created
from the demolition of existing buildings and the construction of new buildings
were/ are being recycled according to their recycling plan or in an equivalent
manner.
*3. The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 2004-06) and all applicable construction
Best Management Practices (BMPs) for the site. For example, construction BMPs
may include, but are not limited to: the storage and handling of construction
materials, street cleaning, proper disposal of wastes and debris, painting,
concrete operations, dewatering operations, pavement operations,
vehicle/ equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs for construction
activities is a requirement of this permit. At the discretion of the City Engineer, a
Storm Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
PAGE 13 OF RESOLUTION NO. 2009-28
*4. 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:
a. 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.
b. 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.
c. 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.
5. Prior to building demolition/renovation, the site owner shall retain a State of California
licensed and Cal-OSHA registered asbestos contractor to complete the recommended pre-
demolition abatement of all ACM at the site. .
6. The applicant shall provide a 10 working day advanced written notification and payment
of appropriate fees to the BAAQMD prior to demolition activities.
7. The applicant shall provide written notification to Cal-OSHA regarding the "Intent to
Conduct Asbestos Related Work. 11
PAGE 14 OF RESOLUTION NO. 2009-28
8. Notification shall be supplied to all building employees, contractors, subcontractors, and
tenants having access to the building as to the presence, location, and quantity of
Asbestos Containing Materials (ACM), Lead Based Pain (LBP), and miscellaneous
potentially hazardous materials at the site within 15 days of receiving this information.
9. Prior to building demolition and/or renovation, all ACM identified in the building shall
be removed and disposed of in accordance with applicable Federal, State and local
regulations governing asbestos including, but not limited to those promulgated by
OSHA, EPA, Cal-OSHA, Cal-DPH, DTSC, and the Bay Area Air Quality Management
District.
10. Contactors engaged in work at the site shall be advised that substantial intact LBP is
present on interior stucco and wood trim and that said LBP should only be impacted by
properly trained workers using appropriate lead-related work practices in compliance
with applicable Cal-OSHA worker exposure regulations.
11. The applicant shall properly recycle/dispose of fluorescent light tubs and ballasts, security
light bulbs" electrical switches commonly containing small amounts of mercury and/or
PCBs, refrigerant, and thermostats, in accordance with applicable regulations. A
California licensed hazardous waste hauler shall conduct transportation of these items
from the site.
APPROVED by the Danville Planning Commission at a regular meeting on August 11,
2009, by the following vote:
AYES:
NOES:
ABSTAINED: -
ABSENT: Antoun, Combs, Nichols
Attwood, Morgan, Overcashier, Radich, Storer
P/7id,L
Chairman
APPROVED AS TO FORM:
Ci~~' e)
ttng
PAGE 15 OF RESOLUTION NO. 2009-28