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Home My WebLink About99-28RESOLUTION NO. 99-28 ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL SIGNIFICANCE AND APPROVING LAND USE PERMIT REQUEST LUP 99-20 ALLOWING A PRESCHOOL/ELEMENTERY SCHOOL WITH A MAXIMUM CAPACITY OF 50 CHILDREN (AT ANY ONE TIME) WITHIN THE EXISTING PEACE LUTHERAN CHURCH FACILITY (APN: 203-200-008) WHEREAS, Peace Lutheran Church has requested approval of a preschool/elementary school with a maximum capacity of 50 children (at any one time) to be located within the existing Peace Lutheran Church facility on a 2.5 +/- acre site; and WHEREAS, the subject site is located at 3201 Camino Tassajara, at the northeast corner of Camino Tassaj ara and Old Blackhawk Road and is further identified as Assessors Parcel Number 203-200-008; and WHEREAS, the conditions of approval of the previously approved Land Use Permit on the site limited the capacity of a school on the site to 24 children; and WHEREAS, a new Land Use Permit is required to amend the provisions of the previously approved Land Use Permit; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 10, 1999; and WHEREAS, a Negative Declaration of environmental significance has been prepared for this project indicating that no significant environmental impacts are expected to be associated with this project; 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 approves a Negative Declaration of environmental significance and approves Land Use Permit request LUP 99-20 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 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 and Old Blackhawk Road Specific 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 Unless otherwise specified, the following conditions shall be complied with prior to the operation of the land use. Each item is subject to review and approval by the Planning Division unless otherwise specified. This approval authorizes the operation of a maximum 50 child (at any one time) preschool/kindergarten school with the existing Peace Lutheran Chumh facility. The site is located a the northeast comer of Camino Tassajara and Old Blackhawk Road, at 3201 Camino Tassajara. Except as may be modified by the conditions contained herein, development shall be substantially as shown on the following plans on file with the Planning Division: Floor Plan labeled "Peace Lutheran Church," as prepared by E Paul Kelly AIA, dated received by the Planning Division on August 5, 1999. Play area details labeled "Revised Play Area with Landscaping Adjustments," as prepared by M. Hayes, dated received by the Planning Division on August 8, 1999. The preschool/kindergarten may have a maximum capacity of 50 children (at any one time). The preschool may include up to 36 children and the kindergarten may include up PAGE 2 OF RESOLUTION NO. 99-28 to 14 children. The school may operate in two sessions, with 50 children at each session, during the morning and aftemoon, Mondays through Fridays. The arrival and departure times for drop-off and pick-up of children shall be staggered to minimize traffic impacts. The morning session for the kindergarten class shall arrive between 8:00 and 8:15 a.m., and depart between 11:30 and 11:45 a.m. The aftemoon session for the kindergarten class shall arrive between 12:15 and 12:30 p.m. and depart between 3:45 and 4:00 p.m. The moming session for the preschool classes shall arrive between 8:15 and 8:30 a.m. and depart between 11:15 and 11:30 a.m. The afternoon session for preschool classes shall arrive between 12:30 and 12:45 p.m. and depart between 3:30 and 3:45 p.m. The applicant shall develop and implement and strictly enforce a pick-up drop-off program to move vehicles in and out of the site in an efficient manner. Pick-up and drop- off shall occur at the existing turn-around near the south side of the parking lot. School teachers shall meet the children at the vehicles at the drop-off location, and escort the children into the classrooms. The teachers shall also escort the children to the pick-up area after school for pick-up. The use of Maison Drive and Old Blackhawk Road for pick-up or drop-offrelated to this school shall not be allowed. The school operators shall be responsible for notifying all drivers of students that Maison Drive and Old Blackhawk Road may not be used for curb- side pick-up or curb-side drop-off. This permit authorizes the construction of a new exterior doorway from the classroom located at the northeast corner of the building, as shown on the above referenced floor plans. This permit authorizes the construction of the outdoor play areas as shown on the above referenced plans. The fence enclosure for each play area shall be open wrought iron style fencing. Final details of the play area and associated landscaping shall be submitted to the Town in the form of an amended final overall landscape plan for the church facility. The final landscape plan shall be subject to review and approval by the Planning Division prior to initiation of the land use. All applicable conditions of approval for the previously approved Land Use Permit (LUP 97-03) and Development Plan (DP 97-04) shall continue to be applicable to the development and operation of the overall church facility. 10. Prior to the issuance of a building permit, whichever occurs first, the applicant shall PAGE 3 OF RESOLUTION NO. 99-28 11. 12. 13. 14. 15. 16. 17. 18. reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $326.00 (435 notices X $0.75 per notice). Prior to initiation of the land use, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. 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. Planning Division sign-off is required prior to the completion of a Final Building Inspection for the building modification authorized by this permit.. No signage is approved as part of this application. If signing for the land use is desired, a comprehensive sign program shall be submitted to the Town for consideration under a separate application. Temporary banners, complying with the Town's Sign Ordinance requirements, may be displayed for a maximum period of 30 days once per year to identify enrollment periods. Prior to initiation of the land use, the applicant shall submit proof of a valid State license for the operation of the school to the Town. The applicant shall submit to the Town updated documentation on an annual basis regarding the valid State license. The land use shall be operated as approve& 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. This land use shall be revocable for cause for failure of complying with these conditions of approval or for the creation of a nuisance in association with the operation of the preschool/kindergarten. The Town of Danville reserves the right to review the functionality of the pick-up and drop-off operation after one year of operation, and every three years thereafter. If found necessary at that time, the Town may require modifications to the operation to alleviate any concerns. No parking shall be allowed within the first 25 feet along Old Blackhawk Road north of Camino Tassajara. The applicant shall paint red-curbs to implement this restriction prior to initiation of the land use. PAGE 4 OF RESOLUTION NO. 99-28 APPROVED by the Danville Planning Commission at a regular meeting on August 10, 1999, by the following vote: AYES: NOES: ABSTAINED: ABSENT: APPROVED AS TO FORM: hairman City Attorney F:/planning/applicalion Chief of ~ PAGE 5 OF RESOLUTION NO. 99-28