HomeMy WebLinkAbout93-40 EXHIBIT A
RESOLUTION NO. 93-40
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DENYING AN APPEAL OF THE ADMINISTRATIVE APPROVAL AND
APPROVING LAND USE PERMIT REQUEST LUP 93-10 FOR
A lARGE FAMILY DAY CARE FACILITY
(APN: 195-102-045 -- DULAY)
WHEREAS, Teri Dulay has requested approval of a Land Use Permit to allow the
operation of a large family day care facility (a facility licensed for the care of between
seven and twelve children); and
WHEREAS, the subject site is located at 7 Nob Hill [)rive, further identified as Assessor's
Parcel Number 195-102-045; and
WHEREAS, the zoning ~'cgulations fo~' thc Town of Danville Single Family Residential
Districts require approwd of a Land Use Permit prior to the establishment of large family
day care facility; and
WHEREAS, notice was mailed to property owners within 100 feet of the subject property
stating that the Town intended to approve the Land Use Permit request administratively
unless an appeal of that decision was received by the Town within a specified period of
time; and
WHEREAS, the Town received an appeal of the administrative approval by Louis Pilastro
and Warren Smith within the specified time period; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on September 28, 1993; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
WHERF&S, a staff repot't wats submitted ['ecommending that Planning Commission deny
the appeal and appr()vc thc l.and Ilse Permit request; and
PAGE 1 OF.RESOLUTION NO. 93-40
WHEREAS, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
NOW, THEREFORE, bc it resolved that the Planning Commission of the Town of Danville
approves the Land Use Permit request I,U P 93-1(} per the conditions contained herein, and
makes the following findings in support of this action:
The proposed land use shall not be detrimental to the health, safety and general
welfare of the Town.
The proposed land use shall not adversely affect the orderly development of
property within thc respective land use district in which the subject property is
located.
The proposed land use authorized is appropriate to the lot, location and
neighborhood, and substantially meets the intent and purpose of the respective
land use district and the goals and policies set forth by the general plan.
The proposed land use is in conformance with policies within the Town of
Danville General l'lan which encourages the development of child care facilities in
existing residential neighborhoods.
The proposed land use will m)t have a significant impact on the neighborhood
related to spacing and concentration, traffic control, parking, or noise control.
CONDITIONS OF APPROVAL
This Land Use l'crmit authorizes the operation of a large family day care facility
located at 7 N()b Hill l)rive.
The number of children on the premises at any one time shall be limited to a
maximum of 12, including the applicant's children under the age often who reside
in the home.
Hours of operation fl:)r the daycare/pre-school center shall be limited to the
weekday hours between 7:00 a.m. and 6:00 p.m. One (1) childcare client is
authorized to arrive between the hours of 6:00 a.m. and 7:{)0 a.m.
PAGE 2 OF RESOLUTION NO. 93~40
10.
11.
12.
13.
The childcare operator shall make arrangements with the clients of the facility to
stagger the arriwd and departure times of the users. The operator shall work with
the clients of thc facility to develop a schedule for the staggered arrival and
departure times. This schedule shall be submitted for review and approval by the
Planning Division within thirty days of this approval.
Outside play activities shall not occur prior to 9:00 a.m.
Outside play or other noises shall be controlled so as not to create a nuisance to
the adjoining residential neighborhood.
The existing driveway shall be kept clear to accommodate vehicles dropping off
and picking up children attending the facility. On a regular basis, the operator
shall advise thc childcare clients of thc appropriate parking procedures and shall
caution the clients to drive safely on Nob Hill [)rive.
The applicant shall submit evidence to the Chief of Planning that the appropriate
licenses and permits to operate a day care facility have been obtained from the
State and the Fire l)cpartment and are kept current.
At a minimum, on an annual basis the day care operator shall make arrangements
to have the Danville Police Services Child Abuse program presented to the day care
staff and children attending the facility.
No sign advertising thc day care use shall be installed on the property.
The outdoor play area shall be limited to the north side of the residence, as far
away from the adjacent neighboring residence as possible.
Town staff shall investigate the possibility of installing red curbs or signage
prohibiting parking on Camino Verde near the entrance to Nob Hill Drive. If
determined desirable, the Town shall install the red curbs or signage.
Planning Division staff shall monitor the implementation and effectiveness of the
above conditions ()f approval for a period of three months. If the conditions of
approval, or other measures taken by the operator to address the concerns of
surrounding property owners, have proven to effectively mitigate the impacts of the
land use, the ab()ve conditions ()f approval may be modified, as determined to be
appropriate by thc Planning l)ivision, to allow the applicant additional flexibility in
the operation of thc facility. However, the operator shall continue to take all
PAGE 3 OF RESOLUTION NO. 93-40
necessary measures to continue to effectively mitigate the impacts of the land use.
If after three months the conditioned mitigation measures are determined to be
ineffective or not complied with, the land use permit shall be referred back to the
Planning Commissi~n for re-consideration.
APPROVE][) by the Danville Planning (~ommission at a Regular Meeting on September 28,
1993, by the following w~te:
AYES:
NOES:
ABSENT:
ABSTAINED:
Bowlby, Hunt, Osborn, Vilhauer, Arnerich
Jall'ies on, Murp hy Cha~~fj~~~f~~
APPROVED AS TO FORM:
pdcz55
PAGE 4 OF RESOLUTION NO. 93-40