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HomeMy WebLinkAbout96-19EXHIBIT A RESOLUTION NO. 96-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE APPROVING A LAND USE PERMIT (LUP 96-11) TO OPERATE A DAY CARE/PRESCHOOL FACILITY FOR A MAXIMUM OF 48 CHILDREN AT THE EXISTING ROLLING HILLS COMMUNITY CHURCH FACILITY LOCATED AT 1565 GREEN VALLEY ROAD (APN: 196-330-044) WHEREAS, Rolling Hills Community Church has requested approval of a Land Use Permit to operate a Day Care/Preschool facility for a maximum of 48 children to be located at the existing Rolling Hills Community Church facility; and WHEREAS, the subject site is located on the west side of Green Valley Road, at 1565 Green Valley Road and is identified as Assessor's Parcel Number 196-330-044; and WHEREAS, the Town of Danville R-20; Single Family Residential Zoning District requires approval of a land use permit to operate a preschool; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 28, 1996; and WHERF.~S, the public notice of this action was given in all respects as required by law; and WHEREAS, a staff report was submitted recommending that the 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 Mitigated Negative Declaration of Environmental Significance and the Land Use Permit per the conditions contained herein, 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 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. 6. 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. Conditions of approval typed in italicized text are mitigation measures derived from the Mitigated Negative Declaration of Environmental Significance prepared for the project. A. GENERAL This approval is for a childcare/preschool for a maximum of 48 children (total) identified as Rolling Hills Community Church Preschool. Development shall be substantially as shown on the project drawings as follows, except as may be modified by conditions contained herein; Site plan and floor plans consisting of two sheets, as prepared by Church Development Associates and dated received by the Planning Division on March 29, 1996. 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 $25.00. 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 the Chief Building Official for building construction activity. PAGE 2 RESOLUTION NO. 96-19 B. LANDSCAPING The proposed four foot high chain link fence surrounding the outdoor play area shall be black in color. The fence shall be extended easterly to the existing fence located on the east side of the church social court to provide a minimum ten foot buffer area between the social court and the southerly property line. The existing redwood trees planted along the southerly boundary of the church site shall be supplemented with the planting of additional evergreen landscaping to provide additional screening for residential neighbors located to the south. Final landscape and irrigation plans (with planting shown at 1"= 20' scale) shall be submitted for review and approval by the Design Review Board. 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. An existing redwood tree located adjacent to the southerly property line has been damaged during construction of the church. The tree shall be replaced with a minimum 15 gallon Redwood tree prior to operation of the preschool. ° All plant material shall be served by an automatic underground irrigation system and maintained in a healthy growing condition. Irrigation shall comply with Town of Danville Landscape Ordinance #91-14 and shall be designed to avoid runoff and overspray. 5. Ail existing trees on the site shall be preserved. 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 daycare/preschool facility is limited to a maximum of 48 children (total). The daycare service is limited to a maximum of 15 children. Any expansion of the facility to exceed 48 children, or to exceed 15 children in daycare, will require a separate Land Use Permit application. PAGE 3 RESOLUTION NO. 96-19 Hours of operation for daycare are limited to 7:00 a.m. to 6:00 p.m. Monday thru Friday. Hours of operation for the preschool are limited to 9:00 a.m. to 6:00 p.m. The preschool closing hours shall not occur prior to 3:30 p.m. to avoid peak traffic conditions in the vicinity. Staffwill review traffic conditions following the opening of the preschool. If traffic conditions warrant modifications to hours of operation, the applicant shall modify such hours of operation subject to the review and approval of Planning staff. * 4. 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. No portion of any play structure located within the designated childcare/preschool play area shall exceed six feet in height. APPROVED by the Danville Planning Commission at a Regular Meeting on May 28, 1996 by the following vote: AYES: NOES: ABSENT: ABSTAINED: APPROVED AS TO FORM: Bowlby, Combs, Hunt, McEvilly, Moran, Osborn, Murphy City Attorney pdpz87 Chief of PI PAGE 4 RESOLUTION NO. 96-19