HomeMy WebLinkAbout94-32EXHIBIT A
RESOLUTION NO. 94-32
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DENYING THE APPEAL OF AN ADMINISTRATIVE APPROVAL AND APPROVING
LAND USE PERMIT REQUEST LUP 94-12 FOR A LARGE FAMILY DAY CARE
FACILITY (APN: 216-192-001)
W"HEREAS, Amparo Livingood 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 seven
to twelve children); and
WHEREAS, the subject site is located at 302 La Questa Drive and is identified as
Assessor's Parcel Number 216-192-001; and
WHEREAS, the zoning regulations for the Town of Danville Single Family Residential
Districts require approval of a Land Use Permit prior to the establishment of a 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 the decision was received by the Town within a
specified period of time; and
WHEREAS, the Town received an appeal of the administrative approval by Rancho San
Ramon Heights Homeowner Association within the specified time period; and
WHERF~S, the Planning Commission did review the project at a noticed public
hearing on November 8, 1994; and
WHEREAS, the public notice of this action was given in all respects as required by law;
and
XVHERF~S, a staff report was submitted recommending that the Planning Commission
deny the appeal and approve the Land Use Permit request; and
XVHERF~S, the Planning Commission did hear and consider all reports,
recommendations, and testimony submitted in writing and presented at the hearing;
PAGE 1 OF RESOLUTION NO. 94-32
NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the Town
of Danville denies the appeal and approves Land Use Permit request LUP 94-12 per the
conditions contained herein, and makes the following findings in support of the Land
Use Permit:
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 the respective land use district in which the subject property is
located.
The proposed land use 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 Plan which encourages the development of child care in
existing residential neighborhoods.
The proposed land use will not have a significant impact on the neighborhood
related to spacing and concentration of day care facilities, traffic control,
parking, or noise impacts.
CONDITIONS OF APPROVAL
This Land Use Permit authorizes the operation of a large family day care facility
located at 302 La Questa Drive.
The number of children on the premises at any one time shall be limited to a
maximum of 12.
Hours of operation for the daycare/pre-school center shall be limited to the
weekday hours between 7:00 a.m. and 6:00 p.m.
4. Outside play activities shall not occur prior to 8:00 a.m.
The existing driveway shall be kept clear to accommodate vehicles dropping off
and picking up children attending the facility.
PAGE 2 OF RESOLUTION NO. 94-32
Prior to the establishment of the large family day care facility, the applicant shall
submit evidence to the Chief of Planning that current licenses and permits to
operate a large family day care facility have been obtained from the State of
California and the San Ramon Valley Fire Protection District.
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.
8. No sign advertising the day care use shall be installed on the property.
The operator shall inform clients of the existing traffic conditions on La Questa
Drive and that all traffic laws must be obeyed. Customers shall be informed to
enter the site from the southerly end of the existing on-site loop driveway and
exit from the northern end of the driveway.
10.
The operator shall install exterior lighting (residential in nature) to illuminate
the on-site driveway area and facilitate safe driveway ingress and egress.
APPROVED by the Danville Planning Commission at a Regular Meeting on November
8, 1994 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
APPROVED AS TO FORM:
Arnerich, Bowlby, Hunt, Jameson, Murphy, Osborn, Vilhauer
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PAGE 3 OF RESOLUTION NO. 94-32