HomeMy WebLinkAbout98-47 EXHIBIT A
RESOLUTION NO. 98-47
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 98-15 AND
VARIANCE REQUEST VAR 98-31 ALLOWING THE ESTABLISHMENT OF A
CHILD CARE FACILITY WITH A MAXIMUM CAPACITY OF 48 CHILDREN AT
919 CAMINO RAMON (APN: 207-140-019 -- WANKEN)
WHEREAS, Dennis and Eleni Wanken have requested approval era Land Use Permit request
to allo~v the operation of a child care facility with a maximum capacity of 48 children on a .34
acre site; and
WHEREAS, a Variance is requested to allow a classroom/office structure to encroach 11 '6"
within the required minimum 20' side yard setback, resulting in an 8'6" side yard setback on the
south side of the property; and
WHEREAS, the subject site is located at 919 Camino Ramon and is further identified as
Assessor's Parcel Number 207-140-019; and
WHEREAS, the Town of Danville M-9; Multiple Family Residential District Ordinance requires
the approval of a Land Use Permit prior to the establishment of a child care facility with a
capacity of greater than eight children; and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that no significant environmental impacts are expected to be
associated with this project; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
October 27, 1998; 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 approves the grant of a
Mitigated Negative Declaration of Environmental Significance and approve Land Use Permit
request LUP 98-15 and Variance request 98-31 subject to the conditions contained herein, and
makes the following findings in support of this action:
* ,
Land Use Permits:
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.
The land use will not encourage marginal development within the neighborhood.
Variances:
This Variance does not constitute a grant of special privilege inconsistent with the
limitations on other properties in the area and the M-9; Multiple Family Residential
District in which the subject property is located.
Because of the following special circumstances applicable to this specific property, strict
application of the applicable zoning regulations would deprive the subject property of
rights enjoyed by others in the general vicinity and/or located in the same zoning district:
a. The location of the proposed addition is consistent with the development standards
required of the subject and surrounding properties in the area, since the subdivision
was developed under the previous Contra Costa County zoning standards.
b. Alignment of the proposed addition to the existing structure provides the most
compatible design proposal to mitigate potential traffic impacts.
This Variance is in substantial conformance with the intent and purpose of the M-9;
Multiple Family Residential District in which the subject property is located since the
variance allows for a reasonable addition to the proposed childcare facility to mitigate
potential traffic impacts.
PAGE 2 OF RESOLUTION 98-47
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* 8.
* 9.
* 10.
* 11.
12
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.
In the event that subsurface archeological remains are discovered during any
construction or pre-construction activities on the site, all land alteration work
within 100 feet of the find shall be halted, the Town Planning Division notified,
and a professional archeologist, certified by the Society of Califomia Archeology
and/or the Society of Professional Archeology, shall be notified. Site work in this
area shall not occur until the archeologist has had an opportunity to evaluate the
significance of the find and to outline appropriate mitigation measures, if they are
deemed necessary. If prehistoric archaeological deposits are discovered during
development of the site, local Native American organizations shall be consulted
and involved in making resource management decisions.
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.
The applicant shall provide security fencing, to the satisfaction of the City Engineer
and/or the Chief Building Official, around the site during construction of the
project.
The applicant shall require their contractors and subcontractors to fit all internal
combustion engines with mufflers which are in good condition, and to locate
stationary noise-generating equipment as far away from existing residences as
feasible.
A watering program which incorporates the use of a dust suppressant, and which
complies with Regulation 2 of the Bay Area Air Quality Management District
shall be established and implemented for all on and off-site construction activities.
Equipment and human resources for watering all exposed or disturbed soil
surfaces shall be supplied on weekends and holidays as well as work days. Dust-
producing activities shall be discontinued during high wind periods.
Prior to approval of a Building Permit, all projects must conform to the applicable
Uniform Building Codes and the California building codes, including
requirements providing for the proposed change in occupancy, as determined by
the Town's Building Division prior to occupancy of the facility.
The days and hours of operation for the facility shall be limited to Monday through
Friday from 6:30 a.m. to 6:00 p.m.
--- PAGE 4 OF RESOLUTION 98-47
13.
The facility shall comply with all requirements of the State of California
Department of Social Services. The operator shall provide the Town with a copy
of the current operating license at all times.
14. Outside play activities shall not occur prior to 8:00 a.m. or after 5:00 p.m.
15.
School noise shall be controlled so as not to create a nuisance to the adjoining
residential neighborhood.
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.
Any on-site wells and septic systems shall be destroyed in accordance with Conira
Costa County Health Services Department - Environmental Health Division
regulations. Environmental Health Division permit and inspections for tbis work
shall be obtained.
The applicant shall construct a redwood or pressure treated Douglass Fir fence
along the property's southern property line to identically match the neighbor's
fence on the property directly to the south. The fence shall also have 2x8
kickboards. The fence shall meet all setback requirements.
The proposed picnic tables, and the fence proposed to enclose the play area, shall
not be located within the sewer easement located along the rear property line,
unless the applicant obtains written permission from the Central Conira Costa
Sanitary District (CCCSD).
The increased traffic caused by converting the land use~/kom a single family home
to a childcare center has been determined by the Town ~ Traffic Engineer to be
mitigable through the design of a semi-circular and shared driveway with the
aq'jacent existing daycare facili.tv, and the striping and sigmng of the driveway
and ingress and egress routes to fiwther control traffic. The applicant shall obtain
permission from the property owner of the parcel located directly to the north
(APN: 207-140-018) to reverse the current traffic flow and parking pattern, and
to restripe and sign the parking and traffic areas, and perform any other
improvements deemed necessary by the Town' s Traffic Engineer to ensure proper
PAGE 5 OF RESOLUTION 98-47
usability of the driveway and parking spaces.
The proposed driveways shall be designated as one-way only, with the southern
driveway being an entry driveway and the northern driveway being an exit
driveway. The two driveways should be clearly marked with signs and pavement
arrows to indicate entry and exit. Striping and signage shall be as determined
necessary by the Town of Danville.
If the applicant is unable to obtain permission from the aforementioned property
owner, the applicant must document the effort made to attempt to obtain
permission, and must then apply to modi~ the Land Use Permit application to
adjust the circulation and parking patterns accordingly, subject to the review and
approval of the Planning Commission.
To ensure that the property to the north (APN: 207-140-018) would retain a
compatible parking layout, circulation pattem, and common driveway, which is shared
with the subject property, the applicant shall execute a Grant of Easement for cross
access, in favor of this property. This easement shall be executed prior to the
issuance of a Building Permit, but shall not be recorded until documentation has
been submitted to the Town regarding the acquisition of rights to complete the
required off-site improvements on the adjacent property.
In connection with the filing and application for any approvals for the
development of the property to the north, it is the intent of the Town to then
require a similar Grant of Easement from that applicant for cross access in favor
of this subject property, thereby "completing" the cross-access agreements over a
span of time.
The applicant shall sign and stripe the driveway to the satisfaction of the Town
Engineer.
The handicapped space, as shown on the above referenced site plan, shall be
switched with two parking spaces located at the end of the southern aisle. The
final design shall be substantially as depicted on the Staff Study referenced by
Condition A 1.
LANDSCAPiNG
Final landscape and irrigation plans (with planting shown at 1 "=20' scale) shall be
submitted for review and approval by the Planning Division. 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.
PAGE 6 OF RESOLUTION 98-47
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Roof material shall match that currently utilized on the existing structure. Any
change involving exterior colors or materials will require prior review and
approval by the Planning Division. Samples of final materials and the proposed
color palette shall be submitted for review and approval by the Planning Division
prior to the issuance of building permits for the project.
The exterior stairs shown on the project plans shall be removed from the plans, and
an interior set shall be built to connect the first floor classroom to the second floor
office.
The proposed ground sign shall meet the following requirements:
a. The maximum sign area shall be 20 square feet.
b. The maximum height shall be seven feet measured from the
finished grade.
c. The sign shall be located a minimum of three feet from the back of
the sidewalk, or two feet back from the properly line, whichever is
greater.
d Language on the sign shall be limited to that which is proposed.
e. The sign shall not be illuminated.
f. Lettering shall not exceed 12" in height.
The final colors and materials for the ground sign shall be reviewed and approved
by the Town of Danville Design Review Board.
E. PARKING
All parking spaces shall be striped and 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.
On Camino Ramon, on each side of the emty and exit driveway, the curb shall be
painted red for a minimum distance of 15' in order to facilitate the turning
movements into and out of the site, subject to review and approval by the Town' s
Traffic Engineer.
The total number of teachers on site at the facility shall be limited to 4 at any one time,
PAGE 8 OF RESOLUTION 98-47
including the director. The maximum 48-child capacity of the facility is based on an
assumed teacher to child ratio of I teacher per 12 children. If the facility
accommodates infants, the maximum occupancy of the facility shall be reduced
accordingly so as not to exceed the 4 teacher maximum limit. All future operators of
the facility shall provide the Town, upon request, information regarding the proposed
age mix of the facility to verify compliance with on-site parking requirements prior to
use of the facility.
The two parking spaces closest to the building located at the south side of the site
shall be designated as spaces in which the teachers shall park.
GRADiNG
Any grading on adjacent properties will require prior written approval of those
property owners affected.
At least one week prior to commencement of grading, the applicant shall post the
site and mail to the owners of property within 300 feet of the exterior boundary of
the project site, to the homeowner associations of nearby residential projects and
to the Town of Danville Development Services Department, a notice that
construction work will commence. The notice shall include a list of contact
persons with name, title, phone number and area of responsibility. The person
responsible for maintaining the list shall be included. The list shall be kept current
at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise
and litter control shall be expressly identified in the notice.
All new development shall be consistent with modern design for resistance to
seismic forces. All new development shall be in accordance with the Uniform
Building Code and Town of Danville Ordinances.
Stockpiles of debris, soil, sand or other materials that can be blown by the wind
shall be covered.
All grading activity shall address National Pollutant Discharge Elimination System
(NPDES) concerns. Specific measures to control sediment runoff, construction
pollution and other potential construction contamination shall be addressed
through the Erosion Control Plan (ECP) and Storm Water Pollution Prevention
Plan (SWPPP). A NPDES construction permit may be required, as determined by
the City Engineer.
A grading permit and building permit shall be obtained from the Town prior to
grading and installation of new pavement associated with construction of the semi-
PAGE 9 OF RESOLUTION 98-47
circular driveway and addition. A demolition permit shall be obtained prior to
removal of the existing garage.
7. All paved areas should be graded to drain to the inlets.
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.
Traffic signs and parking restriction signs which may be required to be installed
shall be subject to review and approval by the Transportation Division and the
Police Department.
All mud or dirt carried off the construction site onto adjacent streets shall be swept
each day. Water flushing of site debris or sediment or concrete washing is
expressly prohibited.
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 plans are submitted, the applicant
shall supply to the City Engineer an up-to-date title report for the subject property.
6. Handicapped rmnps shall be provided and located as required by the City Engineer.
The existing broken common sidewalk located along Camino Ramon at the north
end of the subject property shall be removed and replaced with a standard
sidewalk, subject to approval by the City Engineer.
New driveway approaches along Camino Ramon shall be installed per Town of
Danville standards. An encroachment permit shall be obtained prior to
construction.
INFRASTRUCTURE
PAGE 10 OF RESOLUTION 98-47
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 Town
Engineer.
Roof drainage from structures shall be collected via a closed pipe and conveyed
to an approved storm drainage facility in 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 Land Use Permit review process~
* 3.
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.
The proposed project shall conform to the Town's Stormwater Management and
Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and
post-construction Best Management Practices (BMPs) for the site. For example,
construction BMPs may include, but are not limited to: the storage and handling
of construction materials, street cleaning, proper disposal of wastes and debris,
painting, concrete operations, dewatering operations, pavement operations,
vehicle/equipment cleaning, maintenance and fueling and stabilization of
construction entrances. Training of contractors on BMPs for construction
activities is a requirement of this permit. At the discretion of the City Engineer,
a Storm Water Pollution Prevention Plan (SWPPP) may be required for projects
under five acres.
APPROVED by the Danville Planning Commission at a Regular Meeting on October 27, 1998
PAGE 11 OF RESOLUTION 98-47
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Jameson, Magliano, Moran, Rapp, Hunt
Osborn
Chairman
APPROVED AS TO FORM:
City Attorney
pbgz9
Chief of Pla~
PAGE 12 OF RESOLUTION 98-47