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HomeMy WebLinkAbout2010-07 RESOLUTION NO. 2010-07 - PLANNING COMMISSION RECOMMENDING THE HERITAGE RESOURCE COMMISSION APPROVE DEVELOPMENT PLAN REQUEST DEV08-0062 AND VARIANCE REQUEST V AR08-0018 RELATED TO THE PRESERV A TION AND REHABILITATION OF THE JAMES ROOT HOUSE AND THE CONSTRUCTION OF A NEW 3,144 +/- SQUARE FOOT BUILDING ON THE SITE (APN: 199-330-011 - THE ROOT HOUSE) WHEREAS, CRAIG AND CARA CHASE (Owners) and ORR DESIGN OFFICE (Applicant) have requested approval of Development Plan (DEV08-0062) and Variance (V AR08-00l8) applications related to the rehabilitation and renovation of the James Root House and the construction of a new 3,144 + / - square foot building on a 5,400 + /- square foot site; and WHEREAS, the subject property is located at 99 Railroad Avenue and further identified as APN: 199-330-011; and WHEREAS, the Development Plan and Variance would allow the following: a) Preservation and rehabilitation of an existing historic home (the James Root House); b) Demolition of the existing non-historic addition on the north side; c) Relocation of the existing historic structure on the site (moving it forward on the parcel toward Railroad Avenue and place it on a new concrete foundation); d) Construction of a new 3,144 + / - square foot building to the rear of the relocated historic building; e) A 10 foot encroachment into the required 10 foot frontyard setback, resulting in a 0 foot frontyard setback; f) A 15 foot 6 inch encroachment into the required 20 foot rearyard setback resulting in a 5 foot six inch rearyard setback; g) A 4 foot 6 inch encroachment into the required 5 foot setback on the south (right) side of the parcel, resulting in a 6 inch setback; h) A parking variance to allow no on-site parking spaces when 31 spaces would be required; and i) A floor area ratio of 80 percent while the zoning district allows a maximum 50 percent floor area ratio; and WHEREAS, the Town of Danville Downtown Business District Ordinance requires approval of a Development Plan and Variance application prior to completion of the proposed site improvements; and WHEREAS, a Historic Resource Evaluation prepared for the site found that the existing James Root House has historic significance; and WHEREAS, the Town's Historic Preservation Ordinance requires the approval of a Certificate of Approval prior to the allowance of modifications to a historic structure; . 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 June 14, 2010; 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 Development Plan request DEV08-0062 and Variance request V AR08-0018 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 project is consistent with the previous Downtown Business District Area 11 zoning standards for the site, consistent with previous Development Plan approvals for projects involving an historic structure, and is consistent with the Town's vision for the redevelopment of the area and the creation of pedestrian oriented character similar to the core downtown area. PAGE 2 OF RESOLUTION NO. 2010-07 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 and was evaluated by an historic architect. 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 Area 4: Old Town Retail in which the subject property is located and on other properties in the downtown business district area that contain historic structures (generally DBD Area 1 properties). 2. Because of the following special circumstances applicable to this specific property, strict application of the 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. 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 Area 4: Old Town Retail allows a maximum floor area ratio of 50%. The proposed floor area ratio is 80%. The additional floor area will allow for the reasonable development of the property without the destruction of a historically significant building. The mass and scale of the development is consistent with the previous DBD Area 11 development standards for the site and consistent with the Town's vision for the development of the area. b. The proposed floor area ratio variance is not a grant of special privilege as other historic properties in the downtown area have been granted floor area ratio variances allowing for the reasonable development of the PAGE 3 OF RESOLUTION NO. 2010-07 property while preserving and rehabilitating the historic structure on the site. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District Area 4: Residential Serving Commercial in which the subject property is located. The new building will be constructed behind the historic building at the front of the site, consistent with the historic development patterns of the Downtown. 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 4: Residential Serving Commercial District in which the subject property is located. 2. Because of the following special circumstances applicable to this specific property, strict application of the 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 4: Residential Serving Commercial, as the proposed setbacks, which are consistent with the previous DBD Area 11 zoning standards for the site, are necessary to allow for the reasonable development of the property and to allow for the rehabilitation and preservation of the historic structure on the site. The front yard setback is also warranted given the excess public right-of way in the front of the building and the Town's desire to bring the building closer to the street to create a more pedestrian oriented character for the area. 3. This variance is in substantial conformance with the intent and purpose of the Downtown Business District Area 4; Residential Serving Commercial, in which the subject property is located since the variance will allow for the redevelopment of the site and the preservation and rehabilitation of a historic structure on the site and will be consistent with the desired character for the area. PAGE 4 OF RESOLUTION NO. 2010-07 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 DEV08-0062 request and Variance V AR09-0011 request to allow the following: a) Preservation and rehabilitation of an existing historic home (the James Root House); b) Demolition of the existing non-historic addition on the north side; c) Relocation of the existing historic structure on the site (moving it forward on the parcel toward Railroad Avenue and place it on a new concrete foundation); d) Construction of a new 3,144 + / - square foot building to the rear of the relocated historic building; e) A 10 foot encroachment into the required 10 foot frontyard setback, resulting in a 0 foot frontyard setback; f) A 15 foot 6 inch encroachment into the required 20 foot rearyard setback resulting in a 5 foot 6 inch rearyard setback; g) A 4 foot 6 inch encroachment into the required 5 foot setback on the south (right) side of the parcel, resulting in a 6 inch setback; h) A parking variance to allow no on-site parking spaces when 31 spaces would be required; and i) PAGE 5 OF RESOLUTION NO. 2010-07 A floor area ratio of 80 percent while the zoning district allows a maximum 50 percent floor area ratio. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein: a. Preliminary Elevation Plans, Planting and Irrigation Plan, Site Plan and Roof Plan, Demo Site Plan and Hardscape Plan, Grading Plan and Site Lighting Plan, site details, site sections, Door Details, Stair Sections, and Exterior Color Schemes labeled "Chase Mixed Use Project," as prepared by Orr Design Office, consisting of 16 sheets, and dated received by the Planning Division on June 8, 2010. Drawings depicting the front porch design for the James Root House are not approved as part of this plan set (see below). b. Revised Front Porch Plan labeled "Chase Mixed Use Project," as prepared by Orr Design Office, dated March 8, 2010, included as Exhibit K of the staff report for this project. c. Cut Sheets, Specifications, Color Samples, and Details contained within the binder labeled "Chase Mixed Use Project," on file with the Planning Division. d. Historic Report, as prepared by Jerri Holan and Associates, dated January 25, 2010. 2. The applicant shall pay any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. Waiver of fees may be considered as part of the recommended historic preservation incentives for the property, which would require approval by the Town Council. 3. Prior to recordation of the final map, the applicant shall reimburse the Town for notifying surrounding residents of the public hearing. The fee shall be $525.00 ($110.00 + 125 notices X four notifications X $0.83 per notice). * 4. 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 and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agenCIes. PAGE 6 OF RESOLUTION NO. 2010-07 * * * * 10. 5. Within five days of the project approval, the applicant shall submit to the Town a check in the amount of $2,010.25 and a check in the amount of $50.00 made out to the Contra Costa County Clerk related to the posting of the Notice of Determination for the project. 6. In the event that subsurface archeological remains are discovered during any construction or pre-construction activities on the site, all land alteration work 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. 7. 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. 8. 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. 9. 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 as feasible. 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 PAGE 7 OF RESOLUTION NO. 2010-07 * * weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. 11. As part of the initial submittal for the demolition permit and/ or building permit review process (whichever occurs first), the applicant shall submit a written Compliance Report detailing how the conditions of approval for this project have been complied with. 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 report must be signed by the applicant. 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. 12. Planning Division sign-off is required prior to final Building Inspection sign-off. B. SITE PLANNING 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 and Historic Design Review Committee 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 and shall be adequately screened and mitigated with appropriate landscaping. * 1. C. LANDSCAPING 1. Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division and Historic Design Review Committee. 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. PAGE B OF RESOLUTION NO. 2010-07 3. The applicant shall be responsible for the installation of one Acer Coccinea (Scarlet Maple) street trees along the Railroad Avenue frontage of this property in a location to be determined by the Town. This tree shall be located within a 4'x' 4 Town standard brick-banded tree well. The tree shall be provided with an automatic irrigation system until the tree is established. The tree shall be maintained in a healthy growing condition. The tree shall be a minimum of 15-gallon container size and shall be properly staked. D. ARCHITECTURE * * * * 1. All ducts, meters, air conditioning and/ or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. 2. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture. The trash enclosure design shall include steel framed gates and wood bolted to the gates. Gates shall 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 bermed so as not to allow storm water run-off and run-on from adjacent areas. The area drains for the trash and recycling area(s) shall be connected to the sanitary sewer, not the storm drain system. 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 Historic Design Review Committee 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 Historic Design Review Committee 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 Historic Design Review Board Committee review. PAGE 9 OF RESOLUTION NO. 2010-07 6. Project signage is not approved as part of this application. Design of tenant signage, including any proposed lighting, shall be submitted to the Heritage Design Review Committee for consideration under a separate Sign Permit application. 7. Final colors for both buildings shall be subject to review by the historic architect for the project and by the Historic Design Review Committee prior to occupancy of the either building in this project. Exterior paint color mock-ups shall be provided for review by the Historic Design Review Committee prior to occupancy. E. HISTORIC PRESERV A TION 1. The applicant shall submit a structural report/plan for review and approval by the Planning Division prior to issuance of a building permit for moving or altering the exterior of the historic building. The report shall include provisions for preservation of the existing exterior materials, doors, trim or other significant historic architectural features that may be affected by moving or altering the building. The report shall detail specific recommendations for foundation design and shall be subject to review and approval by the Town's Development Services Department. 2. The building renovation/addition plans shall comply with the Town's Design Guidelines for Historic Resources. The new building 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. 3. The owner shall take all precautionary measures to ensure that the building or its elements will not be significantly damaged by the relocation efforts. The applicant shall inform the Planning Division of the date and time of the building relocation. If significant damage to the building occurs when the building is moved, the owner shall immediately inform Town officials and develop a response/replacement plan for Town review and approval. If it is found that exterior architectural elements or materials are damaged beyond repair, the owner shall be responsible for replacing the element/material with a historically accurate element/material as determined acceptable by the Historic Design Review Committee. At the discretion of the Chief of Planning or the Historic Design Review Committee, such modifications may be referred to the Heritage Resource Commission for review and action. PAGE 10 OF RESOLUTION NO. 2010-07 4. The applicant shall prepare a building restoration plan for Planning and Building Division approval after the building is moved. The plan shall address how all structural and seismic upgrades are to be implemented in the least invasive method to the exterior of the building. 5. All new exterior materials for the historic structure shall match the original in appearance as closely as possible. 6. The applicant shall be responsible for funding a third party revie'w of the project building permit plans and on-site oversight during the move by a professional historical architect that is chosen by the Town and acceptable to the applicant. F. PARKING 1. Unless otherwise approved by the Town Council as part of the historic preservation incentive package, if the tenant spaces within this project are occupied by service office uses or other allowable uses with a parking demand of one parking space per 225 square feet or less, there shall be no required parking fee. For uses with a higher parking demand, as calculated per the Municipal Code, exceeding a total parking demand of 18 parking spaces, the applicant shall be required to pay the Town a parking fee in the amount of $7,000.00 for each additional parking space requirement. The proposed restaurant use for the ground floor of the new building, including a maximum of 40 interior seats and 32 exterior seats, would result in a parking fee requirement of $84,840.00. 2. Prior to the issuance of a building permit for the project, a Parking Management Plan agreement for the project shall be developed by the owner, and is subject to review and approval by the Town. Each tenant shall be provided an executed copy of the Parking Management Plan with each rental agreement and the lessee shall indicate their awareness and acceptance of the requirements of the Plan. The Plan shall include, at a minimum, the following provisions: 1) commitment to provide and maintain directional signage indicating where the nearest public parking lot is located; 2) a system to monitor ongoing compliance with the Plan (providing a mechanism to allow changes to the Plan as may be deemed necessary over time with such changes to be submitted to the Chief of Planning for review and approval); 3) commitment by the property owner to provide commute alternative information to all tenants prior to occupancy; 4) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; and 5) commitment that all tenant employees shall obtain municipal parking permits and park off-site in appropriate public parking areas. PAGE 11 OF RESOLUTION NO. 2010-07 G. GRADING * * 1. 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, and other techniques to minimize erOSIOn. 2. 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. H. 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. 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 if deemed warranted by the City Engineer. PAGE 12 OF RESOLUTION NO. 2010-07 * 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. Prior to issuance of a building permit, the applicant shall obtain an encroachment permit from the Town pertaining to improvements to be constructed within the public right-of-way, including the porch, landscaping, and pavers. In addition, an appropriate mechanism to provide for the applicant's on-going maintenance responsibility of the improvements within the public right-of-way, and acceptance of liability, shall be established. A valid encroachment permit shall be retained at all times. 6. The applicant shall replace the existing curb cut with a standard curb, gutter, and sidewalk. 7. The applicant shall be required to install one Town standard street light along the Railroad Avenue frontage of this property. 8. The subject parcel is subject to a Revocable License Agreement with the Town that allows the use of the public right-of-way along Railroad Avenue for parking. Because of the elimination of the parking as part of this project, this agreement shall be revoked by the Town and replaced with a new agreement that discusses issues relevant to the proposed development as determined necessary by the Town. 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. 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. 2. 3. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer. PAGE 13 OF RESOLUTION NO. 2010-07 * * * * 4. 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 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. 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. 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. 7. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 8. Water valves, fire hook-ups, post indicator valves, reduced back flow devices and other utilities shall not be placed at the front of either the historic structure or the new addition where such valves or devices are visible. The owner or applicant shall coordinate with the Town and applicable agencies to determine a functionally and aesthetically acceptable location. 9. An existing shallow drainage swale conveys storm water runoff from the adjoining Russ property to an inlet on the subject property. The inlet then discharges via a small-diameter pipe through the curb face to the street gutter. If the drainage swale and inlet will be removed as part of the project, then the applicant shall demonstrate how surface runoff from the Russ property will be directed to an appropriate conveyance system in the public right-of-way. 10. The plans suggest that most of the site will be impervious as a result of the development. The applicant shall indicate what type of drainage system (underground pipes, surface swales, etc.) will be provided to discharge PAGE 14 OF RESOLUTION NO. 2010-07 storm water to an appropriate conveyance system in the public right-of- way. 11. The applicant shall submit documentation from the Contra Costa County Central Sanitary District that the District has approved the water feature structure near the midpoint of the north property line. 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 and/ or Heritage Resource 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 Preliminary Development Plan - Rezoning and Final Development Plan - Major Subdivision 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. 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. 4. 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 PAGE 15 OF RESOLUTION NO. 2010-07 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. APPROVED by the Danville Planning Commission at a Special Meeting on June 14, 2010, by the following vote: AYES: Antoun, Morgan, Nichols, Overcashier, Radich NOES: ABSTAINED: - ABSENT: Attwood, Combs, Graham APPROVED AS TO FORM: 72A::;- 6- ~ City Attorney ) PAGE 16 OF RESOLUTION NO. 2010-07