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HomeMy WebLinkAbout2009-14 RESOLUTION NO. 2009-014 APPROVING LAND USE PERMIT REQUEST DEV09-0011 ALLOWING THE OPERATION OF A STARLIGHT MONTESSORI PRESCHOOL (ST. ISIDORE CATHOLIC CHURCH - APN: 200-161-001) WHEREAS, St: Isidore Catholic Church and Starlight Montessori Preschool have requested approval of Land Use Permit application (DEV09-0011) to allow a 32 child preschool to operate on a 0.59 + / -acre site; and WHEREAS, the subject site is located at 428 La Gonda Way and is further identified as Assessor,ls Parcel Number 200-161-001; and WHEREAS, the Town of Danville P-1; Planned Unit Development District Ordinance requires approval of a Land Use Permit prior to the establishment of a preschool facility; and WHEREAS, the Planning Commission did reVIew the project at a noticed public hearing on May 26, 2009; and WHEREAS, in compliance with the California Environmental Quality Act (CEQA), a draft Mitigated Negative Declaration of Environmental Significance has been prepared for this project indicating that, as amended through project modification or recommended conditions of approval, no significant environmental impacts are expected to be associated with this project; 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 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 Planning Commission of the Town of Danville approves the Mitigated Negative Declaration of Environmental Significance and approves Land Use Permit request DEV09-0011 per the conditions contained herein, and makes the following findings in support of this action: FINDINGS OF APPROVAL 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town because child related services are subject to regulation by the State of California for compliance with safety measures in order for a license to be granted, which in turn provides a service to families. Compliance with safety requirements must be maintained in order for the license to remain active. 2. The land use will not adversely affect the orderly development of property within the Town, because the proposal will not change the exterior architecture of the building. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town, because childcare and school facilities are outlined in the Municipal Code as an allowed use within Planned Unit Development Zoning Districts with the issuance of a land use permit. 4. The land use will not adversely affect the policy and goals as set by the 2010 General Plan because the General Plan encourages childcare and preschool facilities to be located within existing church facilities. 5. The land use will not create a nuisance and/ or enforcement problem within the neighborhood or community, since a land use permit is revocable at any time through a public revocation hearing for cause including failure to comply with conditions of approval and the creation of a hazard or nuisance associated with this land use. 6. The land use will not encourage marginal development within the neighborhood, because the site is developed and the use is the only change. PAGE 2 OF RESOLUTION NO. 2009-14 CONDITIONS OF APPROVAL 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 and/ or prior to the operation of the facility as applicable. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for a Land Use Permit (DEV09-0011). to convert existing interior space within an office building into a preschool facility. The project shall be substantially as shown on the project description statement prepared by Starlight Preschool, consisting of a proposal letter dated February 11, 2009, and site plan dated May 21, 2009 except as may be modified by conditions contained herein. 2. The facility shall not exceed a maximum of 32 students per session and 5 full-time staff over the entire duration of a day. The staff ratios shall meet the regulations of the State of California. 3. The facility shall be limited to operate between the hours of 9 a.m. to 4 p.m., Monday through Friday. Drop-off and pick-up shall occur in the rear parking lot only and shall not utilize the existing front driveway. Class times may not begin earlier than 9AM and may not end earlier than 4PM. 4. Approval for signage is not a part of this land use permit. Revisions to signage shall be submitted under a separate sign review permit application. 5. Any future accessory structures shall be reviewed and approved by the Planning Division. Setback and size regulations of the Single Family Residential District shall apply to all accessory structures. PAGE 3 OF RESOLUTION NO. 2009-14 * * * * 6. 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. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $263.55 ($110.00 plus 185 notices X $0.83 per notice) . 7. 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. 8. Within ten days of the effective date of project approval, the applicant shall submit to the Town of Danville fees required to file a Notice of Determination for this project as required by AB 3185. The fee shall be $50.00 and the check shall be made payable to the Contra Costa County Clerks Office. 9. Construction activity for the interior tenant improvements and site improvements (landscaping, play equipment, etc.) shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. 10. All physical improvements shall be in place prior to occupancy of the facility. 11. The applicant shall submit annual proof to the Town of Danville that a valid preschool license has been issued by the Department of Social Services. 12. Directional signage shall be installed to advise staff, parents and visitors to enter the site on the north driveway (not the "U" shaped driveway to the south), and to exit from the same driveway after completing a loop to the eastern parking lot. This signage shall be subject to review and approval of the Planning Division and may be temporary in nature, as to be placed out only during pick-up and drop-off times. PAGE 4 OF RESOLUTION NO. 2009-14 13. Any land use change will require Planning Commission approval through the public hearing review process. This Land Use Permit is revocable at any time through a public revocation hearing for cause including failure to comply with the conditions of approval herein and the creation of a hazard or nuisance associated with this land use. 14. Prior to occupancy, the owner and applicant shall implement and execute a TrafficfParking Management Plan that facilitates safe movements for cars entering and exiting the site and prevents off-site stacking of cars. The traffic management plan shall be subject to review and approval by the Town's Chief of Planning and Transportation Division. The TrafficfParking Management Plan shall include the requirement for the applicant to notify staff, parents and guardians of the approved circulation pattern and parking requirements, including drop-off and pick-up hours, in writing. The Plan shall include, at a minimum, the following provisions: 1) commitment to provide and maintain directional signage indicating where the nearest approved 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 park in appropriate and designated parking areas (the plan shall identify staff parking (the lot in the southwest corner of the property) and direct parents and guardians to park on-site (in the southeast parking lot)). 15. Within sixty days prior to the first anniversary of operation, the preschool shall be subject to review regarding the effectiveness of the Traffic/Parking management plan. Based on the findings of that review, the Chief of Planning may require changes to the traffic management plan or refer the matter to the Planning Commission. PAGE 5 OF RESOLUTION NO. 2009-14 APPROVED by the Danville Planning Commission at a regular meeting on May 26, 2009 by the following vote: AYES: NOES: ABSTAIN: ABSENT: APPROVED AS TO FORM: OU~(3- ~ City Attorney Attwood, Combs, Morgan, Nichols, Overcashier, Radich, Storer Antoun Z47/~ Chair - IE::'%I~ r" r-- PAGE 6 OF RESOLUTION NO. 2009-14