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HomeMy WebLinkAbout93-09 EXHIBIT B RESOLUTION NO. 93-09 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LUP 92-28 INCREASING THE DAYCARE ENROLLMENT FROM 30 TO 44 CHILDREN AT 101 SONORA DRIVE WHEREAS, Sibyl Buckner has requested approval of a Land Use Permit for an increase in enrollment from 30 to 44 children at an existing childcare facility at 101 Sonora Drive; and WHEREAS, the subject site is identified as Assessor's Parcel Number 208-043-006; and WHEREAS, the Town of Danville R-15; Single Family Zoning District Ordinance requires approval of a Land Use Permit; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on February 23, 1993; 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 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 LUP 92-28 per the conditions contained herein, and makes the following findings in support of the Land Use Permit: 1. The proposed project is consistent with the Danville 2005 General Plan. There is no evidence before the Town that the proposed project will have potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. PAGE 1 RESOLUTION NO. 93-09 The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The land use will not adversely affect the orderly development of property within the Town. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The land use will not adversely affect the policy and goals as set by the General Plan. The land use will not create a nuisance and~or enforcement problem within the neighborhood or community. The land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL (Note: * Indicates standard project Conditions of Approval) Unless otherwise specified, the following Conditions shall be complied with prior an increase in enrollment for the facility. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for an increase in enrollment from 30 to 44 children for a daycare facility located at 101 Sonora Drive identified as APN: 208-043- 006. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; a. Site Plan dated received by the Planning Division November 12, 1992. 0 The developer 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. Notice should be taken specifically of the Town's Transportation Improvement Program (TIP) fee, Park Dedication Fee and the drainage acreage fees as established by the Contra Costa County Flood Control District. PAGE 2 RESOLUTION NO. 93-09 Prior to approval of this permit, the developer shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District and the San Ramon Valley Unified School District have been or will be, met to the satisfaction of these respective agencies. The Fire District's initial comments on this project are summarized in part within their letter of January 11, 1993. 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 $1,300 unless the project is found to be De Minimus (the project has no potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends), in which case the fee shall be $25.00. SITE PLANNING All lighting shall be installed in such a manner that glare is directed away from surrounding properties and rights-of-way. 2. A right turn only sign shall be installed at the exit of the site. LANDSCAPING The approved Final Landscape Plan approved with LUP 88-14 shall be maintained in good health. All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. All 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 is size. All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All existing trees on the site shall be preserved to the extent practical. Removal will be allowed only upon prior written approval from the Planning Division. PAGE 3 RESOLUTION NO. 93-09 D. ARCHITECTURE Eo All 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. 3. No identification signs are permitted for the facility. The residential character of the building shall be retained. Ail additions or remodeling requests shall be subject to review and approval by the Planning Division. PARKING Ail 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 overhang of automobiles. The additional tandem parking space located to the rear of the site shall be striped and utilized by staff only. 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 overhang. A 1.5 sq. ft. sign shall be installed on the gate leading to the rear parking area indicating that the back lot is for stall parking only. STREETS The developer shall obtain an encroachment permit from the Engineering Department prior to commencing any construction activities within any public right-of-way or easement. PAGE 4 RESOLUTION NO. 93-09 0 Street signing shall be installed by the developer as may be required by the City Engineer. Traffic signs and parking restriction signs shall which may be required to be installed shall be subject to review and approval by the Police Department. 0 Handicapped ramps shall be provided and located as required by the City Engineer. INFRASTRUCTURE Water supply service shall be provided by the East Bay Municipal Utility District in accordance with the requirements of the District. Sewer disposal service shall be provided by the Central Contra Costa Sanitary District in accordance with the requirements of the District, unless approval is secured to utilize a private sewage disposal system. MISCELLANEOUS The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by Staff. Any other change will require Planning Commission approval through the Development Plan review process. The maximum enrollment for the child care facility is 44 children; 24 preschoolers (over 2 years in age), 12 toddlers (18 - 24 months old) and eight infants (less than 18 months old). The hours of operation shall be from 7:00 a.m. to 6:00 p.m., Monday through Friday. Modification of these hours to conform with other day care providers in the area may be granted by the Chief of Planning. No loudspeakers of amplified music shall be permitted outside the enclosed building. This permit shall expire in three years from the approval date, at which time it may be renewed by filing for a new Land Use Permit which shall be subject to review and approval by the Chief of Planning. PAGE 5 RESOLUTION NO. 93-09 The applicant shall implement curb side drop-off and pick-up service in the a.m. and p.m. peak hours of the day. APPROVED by the Danville Planning Commission at a Regular Meeting on March 15, 1993, by the following vote: AYES: NOES: ABSENT: ABSTAINED: APPROVED AS TO FORM: pcmz 12 Chief of P~a~ PAGE 6 RESOLUTION NO. 93-09