HomeMy WebLinkAbout96-49 EXHIBIT A
RESOLUTION NO. 96-49
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE
DENYING THE APPEAL BY DANVILLE NEIGHBORS UNITED AND
APPROVING LAND USE PERMIT REQUEST LUP 96-20
ALLOWING THE OPERATION OF A MAXIMUM 12
CHILD DAYCARE FACILITY
(APN: 216-281-011 -- YAJKO)
WHEREAS, Ken and Maureen Yajko have requested approval of a Land Use Permit (LUP 96-
20) to allow the operation of a maximum 12 child daycare facility on a 15,000 +/- square
foot site; and
WHEREAS, the subject site is located at 131 Casfleford Circle and is further identified as
Assessor's Parcel Number 216-281-011; and
WHEREAS, notice was sent to surrounding property owners on August 14, 1996 stating that
the Town was prepared to take action administratively approving the request; and
WHERF~S, the Town received an appeal of the proposed action from Danville Neighbors
United on August 15, 1996; and
WHEREAS, the Town of Danville Single Family Residential District Ordinance requires
approval of a Land Use Permit prior to the establishment of a child care facility which serves
slx to twelve children; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
September 24, 1996; 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 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 denies the appeal and
PAGE 1 OF RESOLUTION NO. 96-49
approves of the Land Use Permit Request LUP 96-20 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 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.
4. 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.
The specific location and unique characteristics of the subject property and its
location and surroundings will result in a child care facility which will not adversely
affect the enjoyment of surrounding residential properties.
CONDITIONS OF APPROVAL
This Land Use Permit authorizes the operation of a large family day care facility at 131
Castleford Circle. Development of the facility shall be substantially as shown on the
project site plan dated received by the Planning Division on May 30, 1996, on file
with the Planning Division.
The maximum number of children on the premises at any one time shall be limited
to twelve.
Hours of operation of the daycare facility shall be limited to Mondays through
Fridays during the hours of 7:00 a.m. and 6:00 p.m.
4. Outside play activities shall not occur prior to 8:00 a.m.
5. School noise shall be controlled so as to not create a nuisance to the adjoining
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residential neighborhood.
The existing driveway shall be kept clear to accommodate vehicles dropping off and
picking up children attending the facility.
The daycare operator shall make arrangements with the clients of the facility to
stagger the arrival and departure times of the users. The operator shall work with
the clients of the facility to develop a schedule for the staggered arrival and departure
times. The schedule shall be submitted for review and approval by the Planning
Division within 30 days of approval of this permit.
Prior to operation of the facility, the applicant shall submit evidence to the Planning
Division that the appropriate licenses and permits to operate a pre-school have been
obtained from the State Department of Social Services and the San Ramon Valley Fire
Protection District.
The facility shall comply with all pertinent building code requirements, including
compliance with all requirements related to the provision of barriers for swimming
pools. This requirement shall include self closing and self latching gates and doors
for gates and doors which provide access to the rearyard area, the use of an
approved pool cover or the installation of an audible alarm on all doors which
provide direct access to the pool.
10. No signs advertising the daycare use shall be installed on the property.
APPROVED by the Danville Planning Commission at a Regular Meeting on September 24,
1996 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED AS TO FORM:
Bowlby, Combs, Hunt, Jameson, Moran, Osborn, Murphy
City Attorney
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