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HomeMy WebLinkAbout95-23 EXHIBIT A RESOLUTION NO. 95-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 95-15 ALLOWING THE ESTABLISHMENT OF A CHILD CARE FACILITY WITH A MAXIMUM CAPACITY OF 36 CHILDREN AT 935 CAMINO RAMON (APN: 207-140-021) WHEREAS, Merrilee Ollendick has requested approval of a Land Use Permit request to allow the operation of a child care facility accommodating infants, toddlers, and preschoolers, with a maximum capacity of 36 children on a .34 +/- acre site; and WHEREAS, the subject site is located at 935 Camino Ramon and is further identified as Assessor's Parcel Number 207-140-021; and WHEREAS, the Town of Danville M-9; Multiple Family Residential District requires the approval of a Land Use Permit prior to the establishment of a child care facility with a capacity of greater than six children; and WHERF~S, the Planning Commission did review the project at a noticed public hearing on August 8, 1995, and, at that meeting, staff recommended that the Commission deny the request based on potential impacts that traffic generated from the use would have on the adjacent property to the south; and WHEREAS, at the August 8, 1995 meeting the Planning Commission did indicate a desire to approve the application and did approve a motion to continue the item and directed staff and the applicant to explore the feasibility of modifying the plan to provide a circular driveway between the house and Camino Ramon to provide for the drop-off and pick-up of children; and WHEREAS, a revised site plan was developed which includes a circular drop-off area between the house and Camino Ramon which significantly reduces the potential traffic impact on the adjacent home to the south; and WHEREAS, the Planning Commission did review the revised project at a noticed public hearing on September 26, 1995; and WHEREAS, a staff report was submitted recommending the Planning Commission approve the request; and WHEREAS, the public notice of this action was given in all respects as required by law; and WHERFakS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it PAGE 1 OF RESOLUTION NO. 95-23 RESOLVED that the Planning Commission of the Town of Danville grants a Mitigated Negative Declaration of Environmental Significance and approves the Land Use Permit request LUP 95-15, and makes the following Findings in support of this action: The proposed land use will not be detrimental to the to the health, safety, and general welfare of the Town. The proposed land use will not adversely affect the orderly development of property within the Town. The proposed land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. The proposed land use will not adversely affect the policy and goals as set by the General Plan. o The proposed land use will not create a nuisance and~or enforcement problem within the neighborhood or community. The proposed land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL Conditions of approval with an asterisk C*") in the left-hand column are standard project conditions of approval. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL This approval is for a Land Use Permit (LUP 95-15) to allow a maximum 36 child child care facility at 935 Camino Ramon. Except as may be modified by the conditions contained herein, development and operation of the facility shall be substantially as shown on the project drawings for 935 Camino Ramon, as prepared by Merrilee Ollendick, dated received by the Planning Division on 9/18/95. The turn around area at the eastern side of the driveway shall be substantially as shown on the plans for this area labeled "Staff Study", dated 9/19/95. o The applicant 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 PAGE 2 OF RESOLUTION NO. 95-23 schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit and prior to any Town Council final approval action. Notice should be taken specifically of the County's Flood Control & Water Conservation District (Drainage Areas and Mitigation), Plan Checking, and Inspection fees. Prior to the issuance of grading or building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated June 13, 1995. 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 $50.00 Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and by the Chief Building Official for building construction activity. All physical improvements shall be in place prior to occupancy of any portion of the facility. If development of the facility is requested to occur in phases, all physical improvements shall be required to be in place prior to occupancy except for items specifically excluded in a construction-phases occupancy plan approved by the Planning Division. No structure or portion of the structure shall be occupied until construction activity in the adjoining area is complete and the area is safe, accessible, provided with all reasonably expected services and amenities, and appropriately separated from remaining additional construction activity. The days and hours of operation for the facility shall be limited to Monday through Friday from 6:30 a.m. to 6:30 p.m. o The facility shall comply with pertinent Building Code requirements providing for the proposed change in occupancy, as determined by the Town's Building Division prior to occupancy of the facility. The facility shall comply with all requirements of the Department of Social Services. The operator shall provide the Town with a copy of the current operating license at all times. 10. The total number of teachers on site at the facility shall be limited to six at any one time. The maximum 36 child capacity of the facility is based on an assumed teacher to child ratio of 1 teacher per 6 children, with a minimum child age of 15 months old. If the operator of the facility wishes to PAGE 3 OF RESOLUTION NO. 95-23 accommodate infants (i.e., children less than 15 months old), the minimum teacher to child ratio for the infants shall be 1 teacher per 4 infants. If the facility accommodates infants, the maximum occupancy of the facility shall be reduced accordingly so as not to exceed the six teacher maximum limit. All future operators of the facility shall provide the Town, on request, with information regarding the proposed age mix of the facility to verify compliance with on-site parking requirements prior to use of the facility. SITE PLANNING Any new outdoor lighting shall be installed in such a manner that lighting is generally down-directed and glare is directed away from surrounding properties and rights-of-way. o The applicant shall install a new solid wood fence along the property's northern property line from Camino Ramon east to the existing six foot high fence. The fence shall be 3,5 feet tall within the first 20 foot setback area from Camino Ramon, and shall be 6 feet high from that point east. The applicant shall construct a new six foot high solid wood fence along the site's eastern property line. The designated "no parking" zone shown on the project plans shall be modified to be designed as a hammerhead turn around. Final design shall be substantially as depicted on the Staff Study referenced by Condition A. 1. above. The amount of asphalt paving shall be minimized to the extent possible. An alternative all weather surface, such as grasscrete or gravel, may be utilized for the turn around area. LANDSCAPING A final landscape and irrigation plan for the areas in front of the building and along Camino Ramon (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Planning Division prior to issuance of Building Permits for the facility. The plan shall include common names of all plant materials and shall indicate the size that various plant materials will achieve within a five year period of time. The goal of the landscape plan shall include minimizing, to the extent possible, the amount of asphalt paving for the project, while maintaining minimum acceptable driveway and parking standards. o 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. All trees shall be properly staked. All remaining shrubs used in the project, which are not used as ground cover, shall be a minimum of five gallons in size. PAGE 4 OF RESOLUTION NO. 95-23 All landscaped areas not covered by shrubs and trees shall be planted with live ground cover. All proposed ground cover shall be placed so that they fill in within two years. o All existing trees on the site shall be preserved to the extent practical. removal may be as shown on the project plans only, unless otherwise approved by the Planning Division. Tree In compliance with the Town's landscape guidelines, proposed common maintenance lawn areas within the project shall not exceed a maximum of 25 percent of proposed frontyard landscaped areas. ARCHITECTURE 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 structures. All trash and refuse shall be contained within enclosures architecturally compatible with the project architecture, or maintained in an area outside of view from the public right-of-way or surrounding properties. The street numbers for each structure in the project shall be posted so as to be easily seen from the street at all times, day and night. If signing for the development is desired, a Sign Review application shall be submitted to the Town for consideration under a separate application. PARKING All 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. 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. The curb along Camino Ramon, in front of the subject property, shall be painted red, allowing no parking, along the area in-between the two project driveways and extending twenty feet to the north of the northerly driveway. For the area south of the subject property's frontage where no curb or sidewalk currently exists, an appropriate regulatory mechanism to prohibit parking shall be installed at the operator's expense, as may be found necessary by the City Engineer. PAGE 5 OF RESOLUTION NO. 95-23 The existing driveway area in front of the garage shall be appropriately striped and designated as a handicapped parking area. All long term parking associated with this use shall occur in designated parking spaces only. The outer (right) side of the circular drive shall be used as a pick-up and drop-off loading zone only. The inner (left) side of the circular drive shall be kept clear, allowing traffic to exit the site. Ail traffic associated with this facility, including child drop-off and pick-up, as well as teachers, shall exit the site from the northern driveway to be installed as part of this project. The operator shall institute a program to inform users of the facility of this circulation restriction and to require users of the facility to comply with the circulation requirements. If conformance with this restriction is not effectively self-regulated by the operator, appropriate regulatory signage and/or pavement stripping and/or arrows shall be installed, at the expense of the operator, to the satisfaction of the City Engineer. GRADING Any grading on adjacent properties will require prior written approval of those property owners affected. A grading permit and building permit shall be obtained from the Town prior to grading, installation of new pavement, and construction of retaining walls associated with the construction of the circular driveway. A building permit shall be obtained prior to the removal of the left front portion of the garage. STREETS The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. All mud or dirt carried off the construction site onto adjacent sweets shall be swept or water-flushed each day of construction. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. All improvements within the public right-of-way, including curb, gutter, sidewalks, driveways, paving and utilities, shall be constructed in accordance with approved standards and/or plans and shall comply with the standard plans and specifications of the Development Services Department and Chapters XII and XXXI of the Town Code. At the time project improvement PAGE 6 OF RESOLUTION NO. 95-23 plans are submitted, the applicant shall supply to the City Engineer an up-to-date title report for the subject property. o Handicapped ramps shall be provided and located as required by the City Engineer. The trees located on the subject property, along Camino Ramon, in between the two driveways formed by the circular loading zone area, shall be trimmed to keep all branches at least six feet off the ground. The operator shall maintain these trees in this trimmed condition. INFRASTRUCTURE All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage system shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. Roof drainage from structures shall be collected via a closed pipe and conveyed to an approved storm drainage facility of the street curb. No concentrated drainage shall be permitted to surface flow across sidewalks. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. 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. 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. PAGE 7 OF RESOLUTION NO. 95-23 This permit shall be revocable for cause in accordance with Section 1-6 of the Danville Municipal Code, including the creation of a nuisance in connection with the use or the failure to comply with these conditions of approval. APPROVED by the Danville Planning Commission at a Regular Meeting on September 26, 1995, by the following vote: AYES: NOES: ABSTAINED: ABSENT: Arnerich, Bowlby, Hunt, Jameson, Moran, Murphy, Osborn APPROVED AS TO FORM: City Attorney (c~j ~__/ pdcz83 PAGE 8 OF RESOLUTION NO. 95-23