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Home My WebLink About90-37EXHIBIT A RESOLUTION NO. 90-37 A RESOLUTION OF THE PLKNNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT LUP 90-10 TO RELOCATE AND MODIFY A SINGLE FAMILY RESIDENCE TO ESTABLISH A CHILD DAY CARE FACILITY WHEREAS, the Town of Danville has requested approval of a Land Use Permit for a Preschool/Child Day Care facility on a .33+/- acre site; and WHEREAS, the subject site is located on the north side of Camino Tassajara, north of the Municipal Service Center for the Town of Danville, at 1050 Sherburne Hills Road and is identified as a portion of Assessor's Parcel Number 215-090-023; and WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance requires approval of a Land Use, Permit for a Child Day Care facility; and WHEREAS, the proper notice of this request was given in all respects as required by law; and WHEREAS, the Planning Commission did review the project at a noticed public hearings on June 26, 1990 and July 10, 1990; and WHEREAS, a staff report was submitted recommending that Planning Commission approve the request; and WHEREAS, on June 26, 1990, Planning Commission continued the item with direction to staff to return to the July 10, 1990 meeting with additional traffic and site plan information; and WHEREAS, the Staff report for the July 10, 1990 meeting includes a memorandum from the Town's Transportation Manager on the previous circulation studies and an numerical analysis of the impact: generated by the child day care facility; and WHEREAS, the Staff report for the July 10, 1990 meeting includes a preliminary landscape plan and site plan; and WHEREAS, a Negative Declaration of Environmental Significance has been prepared for the project indicating that no significant environmental impacts are anticipated to be associated with the project; and PAGE ! OF RESOLUTION NO. 90-37 WHEREAS, mitigation measures for development of the site have been addressed in the Mitigated Negative Declaration of Environmental Significance prepared for the Municipal Service Center and incorporated into the conditions of approval for this project; 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 adopt a Draft Negative Declaration of Environmental Significance and approves Land Use Permit LUP 90-10 per the conditions of approval contained herein, and makes the following findings in support of the action to approve the Land Use Permit: 1. The proposed project is consistent with the Danville 2005 General Plan; The proposed child day ,care facility will not be detrimental to the health, safety and general welfare of the Town; 3. The proposed child day care facility will not adversely, affect the orderly development of property within the Town; The proposed child day care facility will not adversely affect the preservation of property values and the protection of the tax base within the Town; 0 The proposed child day c:we facility will not create a nuisance and/or enforcement problem within the neighborhood and community. The child day care facility will be in harmony with the character of the surrounding neighbor hood and community and will provide a needed service within the neighborhood and community. Special conditions and unique characteristics of the subject property and its location or surroundings:, warranting approval of the land use permit request to establish the child day care facility. The design and improvements of the child day care facility will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife. Project conditions will serve to mitigate potential significant environmental impacts identified in the Mitigated Negative Declaration of Environmental Significance prepared for the Municipal Service Center (see astrict conditions below). PAGE 2 OF RESOLUTION NO. 90-37 CONDITIONS OF APPROVAL Unless otherwise specified, the following Conditions shall be complied with prior to building permit issuance or occupancy of the building for child day care activity. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is ilar a permanent Land Use Permit for a Child Day Care Facility with a maximum enrollment of 74 children on .33+/- acre site, situated within the Town of Danville Municipal Service Center. The subject site is identified als a portion of Assessors Parcel Number 215-090-023. Development shall be substantially as shown on the project drawings as follows; no "Proposed ])ay Care Facility" prepared by the Town of Danville on June 18, 1990. bo "Proposed Child Care Facility Floor Plan" prepared by the Town of Danville on July 5, 1990. "Landscape and Site Plan" prepared by the Town of Danville dated July 5, 1990. o 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, the Town Planning Department 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 they ;ire deemed necessary. Prior to the issuance of grading or building permits, written documentation that all requirements of the San Ramon Valley Fire Protection District have been or will be, met to the satisfaction of this agency. 4.* Construction and grading operations, delivery of construction materials, and activation of grading and construction equipment shall be limited to weekdays (Mondays through Fridays) during the hours from 7:30 a.m. to 5:30 p.m., unless otherwise approved in writing by the City Engineer. If determined necessary by the City Engineer, the project developer shall provide security fencing around the entire site during construction of the project. PAGE 3 OF RESOLUTION NO. 90-37 Bo 5.* All construction equipment shall utilize required manufacturer's noise attenuation shielding devices and engine exhaust mufflers. 6. Ail physical improvements shall be in place prior to occupancy. SITE PLANNING Project signage is limited to 24 square feet. The project sign shall be located as shown on the plan specified in Condition #A. 1. If any additional project signage is ,desired, said signage shall be reviewed under a separate sign review application. 2.* Ail exterior building and yard lighting shall be designed and installed to effectively achieve goals of safety and security while using minimal number of light standards and hours of lighting where necessary. Lighting shall incorporate appropriate lamp shields to direct light, to the extent reasonable, downward to sidewalks, paths, parking areas and within the yard. Ail lighting ;shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. The future operator's of this facility shall be required to use the drop-off area as part of the', day care program. LANDSCAPING Final landscape and irrigation plans shall be submitted for review and approval by the Planning Division prior to the issuance of building permits for the proposed building addition. Ail plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Ail trees shall be a minimum of 15 gallon container size and be properly staked. Shrubs shall be a minimum of 5 gallons in size. Ail landscape areas not covered by shrubs and trees nor utilized as a play area for the faciliity shall be planted with live, drought tolerant ground cover. 5.* Landscaping for the project shall utilize native landscape species to the extent possible and select species which provide sufficient height and massing to soften views of project structures and which provide food and cover for wildlife. PAGE 4 OF RESOLUTION NO. 90-37 Do Ho o A detailed fencing plan shall be submitted for review and approval by the Planning Division prior to the issuance of building permits for the proposed building addition. ARCHITECTURE All ducts, meters, air conditioning units, and/or any other mechanical equipment, whether on the structure or on the ground shall be effectively screened from view with landscaping or material architecturally compatible with the main structure. o Trash and refuse: shall be screened within enclosures architecturally compatible with the main structure. 3.* Structures shall be designed according to the current Uniform Building Code for Seismic Zone 4 (those areas where the potential for major structural damage from earthquakes exists). o Prior to the issuance of a building permit, samples of final colors and material selected slhall be compatible with the Municipal Service Center and be reviewed and approved by the Planning Division. o Any All modifications to the child day care facility shall be c~.n~w-.:ctc~ vAtS ..... :~ ~ co,!o,r~ ......~ ~-~-~.,.. ~"~" ..... :~ ...... '~ brought before the Design Review Board for review and approval. 6.* Foundation systerns for structures shall be designed to have minimal support contact w~Lth soil in the zone of seasonal moisture changes. The existing residence shall be modified to meet the California Stat Accessibility Standards. GRADING Any project related grading on adjacent properties will require submittal of documentation of written approval of those affected property owners. o 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 warrant. 3-* Cut slope design shall be conservative to minimize the potential for slope failure. PAGE 5 OF RESOLUTION NO. 90-37 4.* All earthwork shall be conducted using the recommendations in the Berlogger Geotechnical Consultants Reports for Tassajara Park, dated July 6, 1988 and August 8, 1989. This includes the recommendation that a field representative of Berlogger should be present during all site clearing and grading operations; to test and observe all earthwork construction, including site preparation and grading, utility trench backfilling and roadway subgrade compaction. The field representative shall also be present to evaluate the condition of cut slopes; and to recommend final buttress and shear keyway configurations; and to select the final locations for all subdrains. The recommendations of the August 1989 report are contingent upon these field observation provisions. Additionally, the Berlogger office shall be notified at least 48 hours prior to commencement of any grading activity to allow for discussion and planning with the grading contractor, in order to minimize possible misunderstandings and to avoid unnecessary delays. o Where soils or geologic conditions encountered in grading operations are different from that anticipated in the soil report, a revised soils report shall be submitted for review and approval by the City Engineer. It shall be accompanied by an engineering and geological opinion as to the safety of the site from settlement and seismic activity. STREETS Any damage to existing street improvements which occur during construction on ox' adjacent to the subject property shall be repaired to the satisfaction of the City Engineer. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. Prior to occupancy of the proposed facility, the Town Transportation Manager shall conduct a study for Planning Commission review of the Sherburne Hills Road vehicle access. Changes that are warranted (for example, lane configuration(s), lane width(s), and traffic regulatory signage) along the roadway to minimize future traffic conflicts between child care facility, the municipal service center and the Post Office during peak P.M. traffic periods. ~my changes required shall be implemented prior to occupancy of the child care facility. INFRASTRUCTURE All storm water run-off shall be collected and conducted via an approved drainage method 1-o the nearest approved downstream facility. Roof drains shall empty onto paved areas, concrete swales, other approved dissipating devices, or into a pipe. PAGE 6 OF RESOLUTION NO. 90-37 All new utilities required to underground. MISCELLANEOUS serve the development shall be installed The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by the Planning Division. Any other change will require Planning Commission approval through the Development Plan review process. APPROVED by the Danville Planning Commission at a Regular Meeting on July 10, 1990 by the following vote: AYES: NOES: ABSTAINED: ABSENT: Hughes, Frost, Wright, Hirsch Hendricks Vilhauer, Hunt Chief of Pl~ning APPR~ LUP90-10.REV Chairman PAGE 7 OF RESOLUTION NO. 90-37