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HomeMy WebLinkAbout2010-14 RESOLUTION NO. 2010-14 APPROVING LAND USE PERMIT REQUEST DEV09-0095 ALLOWING THE OPERATION OF A MAXIMUM 80 CHILD PRESCHOOL FACILITY AT THE EXISITNG BETH CHAIM RELGIOUS FACILITY AT 1800 HOLBROOK DRIVE (APN: 215-330-018) WHEREAS, BETH CHArM CONGREGATION (Applicant/Owner) have requested approval of a Land Use Permit request (DEV09-0095) to allow a maximum 80 student preschool facility operating within the existing portable classroom buildings. The preschool would operate Monday through Friday with a full day program operating from 7:00 a.m. to 6:00 p.m. and part day morning and afternoon sessions operating from 9:40 a.m. to 12:20 p.m. and 12:40 p.m. to 3:40 p.m. respectively; and WHEREAS, the subject 4.46+/- acre property is located at 1800 Holbrook Drive, APN: 215-330-018; and WHEREAS, approval of a new Land Use Permit is required to expand the range of uses approved under the previous Land Use Permit for the site; and WHEREAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), as mitigated through required project modifications or recommended mitigation measures included as project conditions of approval, a 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 April 27, 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 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 approves the Mitigated Negative Declaration of Environmental Significance and approves Land Use Permit request DEV09-0045 and makes the following findings in support of this action: FINDINGS: 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. The preschool would be operated in conjunction with the existing Beth Chaim religious facility and is directly adjacent to the Sycamore Valley Elementary School and the Sycamore Valley Park. 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 as the project is consistent with General Plan Policy 11.07 which states that the Town should "encourage the development of quality child care and preschool facilities in appropriate locations, especially in conjunction with park and private common areas, school, and church facilities." 5. The land use will not create a nuisance and/ or enforcement problem within the neighborhood or community as the traffic study prepared for the project found that, as mitigated through conditions of approval, no significant traffic impacts will be associated with the project. 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. 2010-14 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 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 (DEV09-0095) to allow a maximum 80 student preschool facility operating within the existing portable classroom buildings at 1800 Holbrook Drive. Except as may be modified by the conditions contained herein, the project shall be substantially as shown on the site plan labeled "Beth Chaim Preschool," as prepared by CSDA Architects, consisting of two sheets, dated received by the Planning Division on September 23, 2009. Playground equipment shall be substantially as shown on the plan labeled" Childforms," on file with the Planning Division. 2. The facility shall not exceed a maximum of 80 preschool students at any one time. The preschool may operate Monday through Friday with a full day program operating from 7:00 a.m. to 6:00 p.m. and part day morning and afternoon sessions operating from 9:40 a.m. to 12:20 p.m. and 12:40 p.m. to 3:40 p.m. respectively. Staff/teachers for the facility shall not exceed eight on site at anyone time. The staff/ student ratio shall meet the regulations of the State of California. 3. Drop-off and pick-up of students shall be limited to be either between 7:00 and 8:00 a.m. or between 8:30 and 9:30 a.m. for the morning session. 4. Drop-off and pick-up of children shall be limited to be after 3:30 p.m. for the full day and afternoon part-day programs. 5. Beth Chaim congregation shall make use of a flagman to assist with traffic control PAGE 3 OF RESOLUTION NO. 2010-14 at the Beth Chaim facility's driveway onto Holbrook Drive. The flagman shall be required to be present between the hours of 7:00 and 8:00 a.m., 8:30 and 9:30 a.m., and 3:30 and 4:30 p.m. 6. 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. 7. The circulation pattern for pick-up and drop-off traffic associated with this preschool facility shall be as follows: Vehicles shall enter the site at the first one-way driveway. Vehicles shall proceed south down the first drive aisle and then turn north along the driveway adjacent to the west elevation of the worship hall. Drivers shall park their vehicles and walk the students to the facility. The vehicles shall continue north and exit the site via the second driveway (northerly) and continue back south to Camino Tassajara. 8. Prior to initiation of the land use, the owner and applicant shall implement and execute a Traffic/Parking Management Plan that implements the circulation and parking requirements. The traffic management plan shall be subject to review and approval by the Town's Planning Division and Transportation Department. The Traffic/Parking 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 a map to all drivers of the approved circulation pattern and parking areas; 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 to employ a flagman for between the hours of 7:00 and 8:00 a.m., 8:30 and 9:30 a.m., and 3:30 and 4:30 p.m.; 4) commitment by the property owner to provide commute alternative information to all tenants prior to occupancy; 5) a commitment by the property owner that all necessary efforts will be made to enforce the Plan; and 6) commitment that all preschool staff shall park in appropriate and designated parking areas (the plan shall identify staff parking (anywhere on-site except the parking spaces fronting the west side of the worship hall and courtyard) and direct drivers to park on-site (in the parking spaces fronting the worship hall and the courtyard area)). PAGE 4 OF RESOLUTION NO. 2010-14 9. 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. 10. Within 30 days of the date of this approval, the applicant shall replant the lattice structures located to the south of the Modular Building C with the fast growing climbing vine wisteria, as determined necessary by the Planning Division. The vines shall be watered with an automatic drip irrigation system and shall be maintained in a healthy growing manner. 11. 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 $ 511.72 ($110.00 plus 242 notices X two notifications X $0.83 per notice). * 12. 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. * 13. 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 $2,010.00 (Fish and Game) and $50.00 (County Clerk). Both checks shall be made payable to the Contra Costa County Clerk's Office. 14. 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. 15. This Land Use Permit shall be valid until August 28, 2012. Renewal of this Land Use Permit may be requested concurrently with a request for renewal of the three temporary portable buildings which house the preschool use, approved under Land Use Permit LUP 2007-25 and expiring on August 28,2012. Renewal of both of these Land Use Permits shall be subject to review and approval by the Planning Commission. PAGE 5 OF RESOLUTION NO. 2010-14 16. Prior to issuance of building permits or the initiation of this land use, the applicant shall submit for review and approval by the Design Review Board additional details related to the toilet trailer, deck extension for access to the toilet trailer, and the outdoor play area, including play equipment type, location and height, proposed ground surface material, fencing, and any landscape improvements. APPROVED by the Danville Planning Commission at a regular meeting on April 27, 2010 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Morgan, Nichols, Radich Combs, Graham Attwood, Overcashier APPROVED AS TO FORM: f7/Jt;1S ~ City Attorney ) PAGE 6 OF RESOLUTION NO. 2010-14