HomeMy WebLinkAbout94-20 EXHIBIT A
RESOLUTION NO. 94-20
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOV~LN OF DANVILLE
APPROVING A TEMPORARY LAND USE PERMIT (LUP 94-05) TO OPERATE A
PRIVATE ELEMENTARY SCHOOL FOR A MAXIMUM OF 30 STUDENTS AT AN
EXISTING CHURCH FACILITY LOCATED AT 1027 DIABLO ROAD
WHEREAS, Judi O'Toole has requested approval of a Land Use Permit to operate a
maximum 30 student temporary elementary school (grades K-2) for the 1994/95
school year on a 3.27+ acre site; and
WHEREAS, the subject site is located on the south side of Diablo Roact, at 1027 Diablo
Road and is identified as Assessor's Parcel Number 202-081-006; and
WHEREAS, the Town of Danville R-15; Single Family Residential District Ordinance
requires appr°val of a Land Use Permit for a school in the zoning dis~wict; and
WHEREAS, the Planning Commission did review the project at a noticed public
hearing on July 26, 1994; 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 the grant of a Negative Declaration of Environmental Significance
and approval of the Land Use Permit per the conditions contained herein, and makes
the following findings in support of the Land Use Permit:
The proposed land use will not be detrimental to the to the health, safety, and
general welfare of the Town.
o
The land use will not adversely affect the orderly development of property
within the Town.
0
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 General
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The land use will not create a nuisance and~or enforcement problem within the
neighborhood or community.
o
The land use will not encourage marginal development within the
neighborhood.
CONDITIONS OF APPROVAL
Conditions of approval with an asterisk ("*") in the left-hand column are standard
project conditions of approval.
A. GENERAL
* 1.
o
* 3.
* 4.
This approval is for a temporary Land Use Permit to operate an
elementary school, for a period of one year beginning in September 1994
and ending June 1995, identified as Tassajara Hills Day School.
Development shall be substantially as shown on the project drawings as
follows, except as may be modified by conditions contained herein;
a. Peace Lutheran Church - Tassajara Hills Day School.
Prior to occupancy of the site, the applicant shall submit written
documentation that all requirements of the San Ramon Valley Fire
Protection District (SRVFPD) have been met. The SRVFPI)'s initial
comments on this project are summarized in part in their memorandum
dated June 14, 1994.
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 (indicating
that 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.
Pursuant to Government Code section 66474.9, the applicant (including
the applicant or any agent thereof) shall defend, indemnify, and hold
harmless the Town of Danville and its agents, officers, and employees
from any claim, action, or proceeding against the Town or its agents,
officers, or employees to attack, set aside, void, or annul, the Town's
approval concerning this Land Use Permit application, which action is
brought within the time period provided for in Section 66499.37. The
Town will promptly notify the applicant of any such claim, action, or
proceeding and cooperate fully in the defense.
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This temporary Land Use Permit allows a maximum of 30 students for
the 1994/95 school year beginning in September 1994 and ending June
1995. An extension of the Land Use Permit is subject to the review and
approval of the Chief of Planning
All parking spaces shall be striped. A parking lot circulation plan,
including an adequate area for vehicles to turn around, shall be
submitted for review and approval by the Chief of Planning prior to
occupancy of the facilities.
If signage for the school is desired, a comprehensive sign program shall
be submitted to the Town for consideration under a separate application.
If necessary, the circulation plan shall include signage to facilitate on-site
circulation subject to the review and approval of the Chief of Planning.
o
Any fencing, or construction of outdoor play areas, is subject to a
separate Development Plan application.
APPROVED by the Danville planning Commission at a Regular Meeting on July 26,
1994, by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
Arnerich, Bowlby, Hunt, Jameson, Osborn, Vilhuaer
Murphy
APPROVED AS TO FORM:
City Attorney
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