HomeMy WebLinkAbout97-03 EXHIBIT A
RESOLUTION NO. 97-03
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF DANVILLE
DENYING THE APPEAL
BY RESIDENTS OF TUSCANY COURT AND TUSCANY WAY
AND APPROVING LAND USE PERMIT REQUEST LUP 96-39
ALLOWING THE OPERATION OF
A MAXIMUM 12 CHILD DAY CARE FACILITY
(APN: 215-410-018 -- BOZORGMANESH)
WHEREAS, Jahangir and Guity Bozorgmanesh have requested approval of a Land Use
Permit (LUP 96-39) to allow the operation of a maximum 12 child day care facility on a
14,553 square foot site; and
WHEREAS, the subject site is located on the at 310 Tuscany Court and is identified as
Assessor's Parcel Number 215-410-018; and
WHEREAS, notice was sent to surrounding property owners on November 25, 1996 stating
that the Town was prepared to take action administratively approving the request; and
WHEREAS, the Town received an appeal of the proposed action from residents on Tuscany
Court and Tuscany Way on December 9, 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 a
maximum of twelve children; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
January 28, 1997; 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 denies the appeal and
approves the Land Use Permit request LUP 96-39 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.
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.
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 310
Tuscany Court. Development of the facility shall be substantially as shown on the
project site plan dated received by the Planning Division on October 25, 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 day care facility shall be limited to Mondays through
Fridays during the hours of 7:00 a.m. and 6:00 p.m.
Outside play activities shall not occur prior to 8:00 a.m.
School noise shall be controlled so as not to create a nuisance to the adjoining
residential neighborhood.
The existing driveway shall be kept clear to accommodate vehicles dropping off and
picking up children attending the facility. The applicants shall include in their
Client/Care Prorider Contract the following language:
"To minimize potential traffic impacts generated by the operation of the day care
facility on the neighborhood, the client agrees to use the driveway area in front of the
facility exclusively for pick-up and drop-off purposes."
,
10.
11.
12.
The day care operator shall make arrangement 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 large family day care
facility 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.
No signs advertising the day care shall be installed on the property.
Within 10 days of the approval of a Land Use Permit for the operation of a maximum
12 child day care facility, the applicants shall notify all existing and future clients of the
pick-up and drop-off parking restrictions.
Within 15 days of the approval of a Land Use Permit for the operation of a maximum
12 child day care facility, the applicant shall submit to the Town a Client/Care
Provider Contract which includes the language described in Condition No. 6.
APPROVED by the Danville Planning Commission at a Regular Meeting on January 28,
1997 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Hunt, Jameson, Moran, Osborn, Rapp
Bowlby ~~ . /'
Ch~rma~ '
APPROVED AS TO FORM:
City Attorney
Chief of ~~ ~
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