HomeMy WebLinkAbout99-37 EXHIBIT A
RESOLUTION NO. 99-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF
DANVILLE APPROVING LAND USE PERMIT REQUEST LUP 99-25 ALLOWING
THE OPERATION OF A MAXIMUM ll-CHILD
LARGE FAMILY DAYCARE HOME
(APN: 218-174-001-- WESTBROOK)
WHEREAS, Christian and Karin Westbrook has requested approval of a Land Use Permit (LUP
98-25) to allow the operation of a maximum 11 -child large family daycare home on a .26 acre
site; and
WHEREAS, the subject site is located at 176 Waterman Circle and is further identified as
Assessor's Parcel Number 218-174-001; and
WHEREAS, the proposed project has been found to be Statutorily Exempt from the
requirements of the California Environmental Quality Act (Section 15274); and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
October 12, 1999; and
WHEREAS, the public notice of this agtion 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 Land Use Permit
request LUP 99-25 per the conditions contained herein, and makes the following findings in
support of this action:
PAGE 1 OF RESOLUTION 99-37
Land Use Permit:
The proposed land use will not be detrimental to the health, safety, or general welfare of
the Town because the proposed daycare will be contained in a controlled environment
with proper supervision.
The land use will not adversely affect the orderly development of property within the
Town, because this type of use is encouraged by the goals and policies currently
established by 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 policies and goals as set by the 2010 General
Plan because the General Plan includes policies encouraging this type of land use.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community because the operation will reduce current operation hours
and include only minimal outside play time.
6. The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
This permit authorizes the operation of a maximum 11-children large family daycare home
within an existing single family residence at 176 Waterman Circle. Except as may be
modified by the Conditions of Approval contained herein, development shall be
substantially as shown on the project plans dated received by the Planning Division on
September 22, 1999.
2. The permit allows a maximum number of 11 children on the premises at any one time.
Hours of operation of the daycare home shall be limited to the hours between 8:00 a.m.
and 1:00 p.m., Monday through Friday.
4. Outside play activities shall not occur prior to 8:30 a.m.
The daycare operator shall make arrangements with the perspective clients of the daycare
to develop a schedule to stagger the arrival and departure times of the users. The
applicant shall provide the Town with a copy of the schedule within 30 days of initiation
PAGE 2 OF RESOLUTION 99-37
10.
11.
12.
of the land use.
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 home.
Prior to the initiation of the land use, the applicant shall submit evidence to the Planning
Division that the appropriate licenses and permits to operate a daycare home have been
obtained from the State Department of Social Services and the San Ramon Valley Fire
Protection District.
Prior to initiation of the land use, the applicant shall submit a business license application
to operate a Large Family Daycare to the Town of Danville.
No signs advertising the daycare home use shall be installed on the property.
The garage shall be maintained in a condition allowing for the parking of two cars, and
shall not be allowed for any daycare activities as provided for purpose of this land use.
Any expansion or modification of the use shall be subject to review and approval by the
Planning Commission under a separate Land Use Permit.
PAGE 3 OF RESOLUTION 99-37
APPROVED by the Danville Planning Commission at a Regular Meeting on October 12,
by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Combs, Graham, Hunt, Jameson, Moran, Osborn, Rapp
Chairman
1999
APPROVED AS TO FORM:
plarmingXApplicationsXLUP\1999~LUP99-25~LUP99-25StaffReport.doc
PAGE 4 OF RESOLUTION 99-37