HomeMy WebLinkAbout2014-10RESOLUTION NO. 2014-10
LAND USE PERMIT REQUEST DEV14-0017 TO AUTHORIZE A MODIFICATION
TO A PREVIOUSLY APPROVED LAND USE PERMIT (LUP2005-21) WHICH
ALLOWED FOR THE OPERATION OF A CHILDCARE FOR INFANTS AND
TODDLERS IN THE EXISITNG CHURCH FACILITY. THE MODIFICATION
WOULD ALLOW FOR THE INCLUSION OF ELEMENTARY SCHOOL AGE
CHILDREN, GRADES KINDERGARTEN THROUGH 6TH , AS PART OF THE
LAND USE PERMIT. ALL OTHER CONDITIONS OF APPROVAL FOR THE
FACILITY, INCLUDING HOURS OF OPERATION AND THE MAXIMUM
NUMBER OF CHILDREN AND TEACHERS, WILL REMAINTHE SAME AS
PREVIOUSLY APPROVED.
WHEREAS, The International Church of the Foursquare Gospel (Owner) and Garrett
Harwood (Applicant) have requested approval of Land Use Permit request DEV14-0017 to
authorize the operation of an elementary school facility; and
WHEREAS, the subject site is located at 2615 Camino Tassajara and is further identified as
Assessor's Parcel Number 215-090-015; and
WHEREAS, the site P-1; Planned Unit Development district zoning which is consistent
with the underlying Residential Single Family- Country Estates (One Acre Lot minimum)
General Plan use designation for this site allows for the development of a school, subject to
the approval of a Land Use Permit; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 13, 2014; and
WHEREAS, A Negative Declaration of Environmental Significance was approved in 2006
for the project in accordance with the California Environmental Quality Act (CEQA), and
environmental impacts associated with this project were previously addressed. As a result,
no additional environmental review is required; 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 Land Use
Permit request DEV14-0017 per the conditions contained herein, and makes the following
findings in support of this action:
Land Use Permits:
1. The proposed land use will not be detrimental to the health, safety, and general
welfare of the Town.
2. The land use will not adversely affect the orderly development of property
within the Town.
3. The land use will not adversely affect the preservation of property values and
the protection of the tax base within the Town.
4. The land use will not adversely affect the policy and goals as set by the 2030
General Plan because the general plan encourages schools to be located within
the Town.
5. The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community, since the church is separated from residential
development by a four lane arterial roadway.
6. The land use will not encourage marginal development within the
neighborhood, because the site is developed and the use is the only change.
CONDITIONS OF APPROVAL
A. GENERAL
1. This approval is for a Land Use Permit request DEV14-0017 to allow a
modification to previously approved Land Use Permit (LUP 2005-21) which
allowed for the operation of a childcare facility for infants and toddlers in the
existing church facility. The modification would allow for the inclusion of
elementary school age children, grades Kindergarten through 6th, as part of the
Land Use Permit. All other conditions of approval for the facility, including
hours of operation and the maximum number of children and teachers, will
remain the same as previously approved.
2. Except for the modification of the age limitations for the children attending the
school, all other Conditions of Approvals established under Land Use Permit
(LUP) 2003-21 shall continue to be applicable as part of this approval.
3. The proposed elementary school and existing childcare shall not exceed a daily
maximum of 105 students over the entire duration of a day. The applicant may
PAGE 2 OF RESOLUTION 2014-10
increase the number of children to 142 maximum provided it is determined by
the Town that no traffic impacts will occur as a result of the enrollment increase.
4. The elementary school shall be limited to operate between the hours of 8:45 a.m.
to 3:20 p.m., Monday through Friday.
This elementary school/childcare facility may serve children ranging in age
from six weeks to twelve years old, up to 6t', grade age children.
6. The applicant shall pay or be subject to 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.
7. Prior to the issuance of a building permit the applicant shall reimburse the Town
for notifying surrounding neighboring residents of the public hearing. The fee
shall be $142.76 (2 mailings X 86 notices X $0.83 per notice).
8. Prior to the issuance of a 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 March 27, 2014.
9. The applicant shall submit annual proof to the Town of Danville that applicable
licenses have been issued by the Department of Social Services and/or other
appropriate agencies.
10. Minor modifications to Land Use Permit DEV14-0017, may be approved by
subject to the review of the Town's Planning Division. Any other change will
require Planning Commission approval through the Development Plan review
process.
* 11. Prior to approval of a Building Permit, all projects must conform to the
applicable Uniform Building Codes and the California Building Codes.
PAGE 3 OF RESOLUTION 2014-10
APPROVED by the Danville Planning Commission at a regular meeting on May 13, 2014
by the following vote:
AYES: Bowles, Combs, Graham, Haberl, Radich, Overcashier, Verriere
NOES:
ABSTAIN: -
ABSENT: Huesler
APPROVED AS TO FORM:
V f °.
Chairman
City Attorney Chie of Plann' g
PAGE 4 OF RESOLUTION NO.2014-10