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HomeMy WebLinkAboutLUP 88-14 Exhibit A Conditions of Approval LUP 88-14 FINDINGS The Land Use Permit will not be detrimental to the health, safety and general welfare of the Town. The Land Use Permit will not adversely affect the orderly development of property within the Town as Ordinance 43-84 (Single Family Residential Districts) allows the placement of a day care facility within residential district subject to a Land Use Permit. e The Land Use Permit will not adversely affect the preservation of property values and the protection of the tax base within the Town. The Land Use Permit will not adversely affect the policy and goals as set by the General Plan as policy 7.12 of the 2005 General Plan encourages the establishment of day care facilities in existing residential districts. The Land Use Permit will not create a nuisance and/or enforcement problem within the neighborhood. The Land Use Permit will not encourage marginal development in the neighborhood as this structure is compatible in quality and design with other residences in the neighborhood. The special condition unique to this property is the (a) location of this site adjacent to abutting commercially zoning property. This site will serve as a buffer between residential and commercially uses. (b) The residence has been previously converted to a day care facility and would not meet residential requirements in its current state. CONDITIONS OF APPROVAL A. General Except as may be modified by the conditions contained herein, operation of the day care facility shall be substantially as shown on the project drawings labeled California Child Care as prepaed by Planning Staff dated October 7, 1988 except as modified by the Alternate Staff Study dated November 28, 1988 and as described in application materials dated received by the Planning Department on August 3, 1988 and modified by subsequent materials dated received October 24, 1988 and November 14, 1988. The developer shall pay any and all City 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 permit is secured. Prior to issuance of a building permit the applicant shall supply written confirmation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been satisfied. The Fire Districts initial comments on this project are summarized within their comment list dated October 31, 1988 and letter dated November 8, 1988 (Exhibit F), including the installation of a Class C rated roof material within 90 days (February 6, 1989) or upon sale of property or business. Roofing material must also be reviewed and approved by the Planning Department. Prior to issuance of a building permit the applicant shall supply written confirmation that all the requirements of the Contra Costa County Flood Control have been satisfied. If archeological materials are uncovered during any construction or pre-construction activities on the site, all earthwork within 100 feet of these materials shall be stopped until a professional archeologist certified by the society of California Archeology and/or the Society of Professional Archeology has an opportunity to evaluate the significance of the find and to suggest appropriate mitigation measures, if they are deemed necessary. Construction and grading operations shall be limited to weekdays (Mondays through Fridays) during the Ct hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the city Engineer. Prior to intensifying the use by an increase in enrollment at California Child Care beyond the number currently enrolled, but no later than 180 days (June 7, 1989) building permit must be secured to correct Code deficiencies listed in the letter dated October 28, 1988 from Scott Baker, Chief Building Inspector (Exhibit G). Site Planning Ail lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. Provide parking and circulation plans reflective of the Staff Study in Exhibit E. Construct the new improvements including paving, striping, wheel stops required signage, and queuing area prior to intensifying the use beyond the number of children currently enrolled but no later than June 7, 1989. Ingress and egress to the subject site shall be accomplished by a one-way circulation plan shown on Staff Study in Exhibit E. Landscapinq Provide a site clearing plan (to include both landscape and hardscape) through a joint site review meeting between staff and applicant. A final landscaping plan shall be submitted for review and approved by the Planning Department. Installation of landscaping shall be accomplished prior to intensifying the use beyond the number of children currently enrolled in California Child Care as of the date of this hearing but no later than February 27, 1989. Ail plant material with the exception of the front landscape island shall be served by an automatic underground irrigation system and all landscaping shall be maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and properly'staked, shrubs not used as ground cover shall be a minimum of 5 gallons in size. Ee 0 Ail landscaped areas not covered by shrubs and trees shall be planted with live ground cover. e Ail existing trees on the site shall be preserved to the extent practicable: removal will be allowed only upon written approval of the Planning Department as indicated on final plans. Architecture Ail 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 structure(s), the highest point of any roof mounted equipment shall not extend above the top of the equipment well. The street number(s) of the building(s) shall be posted so as to be easily seen from the street at all times, day and night. The residential character of the building and premises shall be retained to the greatest extent practicable Any request for remodeling shall be subject to review by the Planning Department. No signs shall be permitted. Provide a handicap access ramp at the main entry pursuant to Building code requirements and demolition of the substandard the ramp on the last elevation must be accomplished prior to intensifying this use beyond the number of children currently enrolled in California Child Care as of the date of this hearing but no later than June 7, 1989. Parkinq Ail perpendicular parking spaces shall be striped and provided with wheel stops unless they are fronted by concrete curbs, in which case sufficient areas shall be provided beyond the ends of all parking spaces to accommodate the overhand of automobiles. Where authorized, compact car spaces shall be clearly designated with appropriate pavement marking or signage. Compact spaces shall be no less than 8 feet by 16 feet in size including allowable overhangd. 9C Ge Grading Streets Provide one handicap accessible parking space. Applicant and Planning Department staff shall work together to develop a parking layout and striping plan to minimize parking lot striping and signage, while still meeting code requirements. The goal is to maintain the residential character of the site. The staff of the day care facility shall park in the spaces to the rear of the facility. Any grading on adjacent properties will require written approval of those property owners affected. Areas undergoing grading, and all other construction activities shall be watered, or treated with other dust control measures to prevent dust. These measures shall be approved by the City Engineer and employed at all times as conditions wattant. The applicant shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. The applicant shall keep adjoining public streets free and clean of project dirt, must, materials and debris during the construction period, as is found necessary by the City Engineer. 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. The applicant shall enter into a Deferred Improvement Agreement for future frontage improvements along the 100' of the frontage on Sonora Drive. The agreement is to be executed prior to issuance of a building permit. 10C Infrastructure Water supply service is currently provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service is currently provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District. Ail storm water run-off shall be collected and conducted via an approved drainage method to the project boundary via an approved storm drain facility, or as approved by the City Engineer° e Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devises, or into a pipe. Se Concentrated drainage flows shall not be permitted to cross sidewalks or driveways. e Ail utilities required to serve the development shall be installed underground. Special Conditions The maximum enrollment of the California Child Care facility shall be limited to 30 children. The number of infants (ages 0-2) shall not exceed 8e The teacher/child ratio is higher for this age group and the parking requirements (7 spaces) are established by this maximum enrollment. Any changes will require processing a new land use permit. o The hours of operation of the facility shall be 7:00 a.m. to 6:00 p.m., Monday through Friday. The hours of operation may be increased to those consistent with other day care facility approval at the discretion of the Planning Department. No loudspeakers or amplified music shall permitted outside the enclosed building. be e This permit shall be valid for a period of three years and expire on November 28, 1991, at which time it will be necessary for the applicant to renew the land use permit. The use permit may be renewed for additional three year periods subject to review and approval by the Planning Department. Within two weeks from the date of approval of this Land Use Permit, provide the Town of Danville with a current enrollment status. This day care use cannot be intensified beyond the current enrollment prior to compliance with all the conditions contained in this Exhibit A, but no later than 90 days (February 27, 1989) or this use permit will be revoked. o This Land Use Permit may be revoked subject to Section 26-2.202 of the municipal ordinance. APPROVED BY THE TOWN OF DANVILLE PLANNING COMMISSION ON November 28, 1988 Kevin ~il~y, Principal Planner ppmm24 Date 12C