HomeMy WebLinkAbout2005-15RESOLUTION NO. 2005-15
APPROVING LAND USE PERMIT REQUEST LUP 2005-02 ALLOWING THE
OPERATION OF A MAXIMUM 14 CHILD LARGE FAMILY CARE
FACILITY FOR INFANTS AND TODDLERS
(APN: 196-590-027)
WHEREAS, VFL Associates have requested approval of a Land Use Permit (LUP 2005-02)
to allow the operation of a Large Family Day Care facility allowing a maximum of 14
infants and toddlers on a .33 acre +/- site; and
WHEREAS, the subject site is located at 940 Diablo Road and is further identified as
Assessor's Parcel Number 196-590-027; and
WHEREAS, the Town of Danville Single Family Residential District Ordinance requires
approval of a Land Use Permit prior to the establishment of a Large Family Day Care
facility; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
May 24, 2005; and
WHEREAS, a Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as amended through recommended conditions of
approval, 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 Mitigated
Negative Declaration of Environmental Significance and approves Land Use Permit
request LUP 2005-02 per the conditions contained herein, and makes the following findings
in support of this action:
Land Use Permit
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.
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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 2010 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.
CONDITIONS OF APPROVAL
Conditions of approval typed in italicized text are mitigation measures derived from the
Mitigated Negative Declaration of Environmental Significance prepared for the project.
This approval is for a Land Use Permit request to allow the operation of a Large
Family Day Care facility allowing a maximum of 14 infants and toddlers.
A one-way circulation plan shall be established for the site, with vehicles entering the site
f~om Matadera Way and exiting onto Diablo Road. Appropriate signage and pavement
markings shall be installed to direct this circulation, subject to review and approval by the
Town.
The exit driveway onto Diablo Road shall be established as a right-out only. Appropriate
si gna ge and pavement markings shall be installed to direct this circulation, subject to review
and approval by the Town.
The landscaping along the Diablo Road frontage and near the corner of Diablo Road and
Matadera Road shall be removed to the satisfaction of the Town to prevent any site-line
issues.
Page 2 of Resolution No. 2005-15
Pick-up and drop-off of children associated with this facility shall be scheduled to not overlap
with existing morning and afternoon peak period traffic associated with Green Valley
Elementary School and Los Cerros Middle School, to the extent possible. It shall be the
operator's responsibility to enroll children whose parents/guardians are able to comply with
this time limitation.
The on-site parking spaces shall be delineated as shown on the project site plan.
Two employees shall be required to park within the garage located to the rear of the
property. The two tandem spaces on the right side of the home shall be designated
for employee parking. The area in front of the facility shall be made available for
drop-off and pick-up of children. No parking shall be allowed on the drive-aisle
through the site. Appropriate signage shall be installed to establish this restriction
to the satisfaction of the Town.
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Appropriate low landscaping shall be installed along the project frontage to replace
the landscaping to be removed. A landscape plan shall be submitted for review and
approval by the Planning Division prior to issuance of a building permit or
initiation of the land use.
It shall be the operator's responsibility to educate clients of the circulation, parking,
and time limitations associated with this Land Use Permit, and to enforce these
restrictions.
°
This Land Use Permit is revocable at any time for cause including failure to comply
with these conditions of approval and the creation of a hazard or nuisance
associated with this land use.
APPROVED by the Danville Planning Commission at a regular meeting on May 24, 2005
by the following vote:
AYES: Gomb s,
NOES: -
ABSTAIN: -
ABSENT: Graham
Condie, Moran, Morgan, Nichols, Storer, Osborn
Chairman
APPROVED AS TO FORM:
City Attorney
Chief o
Page 3 of Resolution No. 2005-15