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HomeMy WebLinkAbout2006-10 RESOLUTION NO. 2006-10 LAND USE PERMIT REQUEST TO ALLOW THE OPERATION OF A CHILD CARE FACILITY FOR INFANTS AND TODDLERS IN AN EXISTING BUILDING MONDAY THROUGH FRIDAY FROM 6:30 A.M. TO 6:00 P.M. THE MAXIMUM NUMBER OF CHILDREN WOULD BE 142 WITH 24-28 STAFF MEMBERS. IN ADDITION, A DEVELOPMENT PLAN IS REQUESTED FOR IMPROVEMENTS TO THE CHILDCARE FACILITY ALLOWING FOR THE ENCLOSURE OF THE MAIN BALCONY IN THE MAIN SANCTUARY, ALLOWING FOR THE DEVELOPMENT OF A CONFERENCE ROOM, ADMINISTRATIVE OFFICES, AND A MEDIA PRODUCTION AREA WHEREAS, The International Church of the Foursquare Gospel (Applicant/Owner) have requested approval of a Land Use Permit request to allow the operation of a child care facility for infants and toddlers in an existing building Monday through Friday from 6:30 a.m. to 6:00 p.m. The maximum number of children would be 142 with 24-28 staff members. In addition, a Development Plan is requested for childcare facility improvements allowing for the enclosure of the main balcony in the main sanctuary, allowing for the development of a conference room, administrative offices, and a media production area on a 6.9 + / - acre site; and WHEREAS, the subject site is located at 2615 Camino Tassajara and is further identified as Assessor's Parcel Number 215-090-015; and WHEREAS, the Town of Danville Planned Unit Development District Ordinance require approval of a Land Use Permit and Development Plan prior to the establishment of a Child care Center or alteration to a Church facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 23, 2006; and WHEREAS, A Negative Declaration of Environmental Significance has been prepared for the project in accordance with the California Environmental Quality Act (CEQA), indicating that no significant environmental impacts are expected to be associated with the proposed 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 RESOL VED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2005-21 and Development Plan request DP 2005-39 per the conditions contained herein, and makes the following findings in support of this action: Land Use Permits: 1. The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. 2. The land use will not adversely affect the orderly development of property within the Town, because the use is proposed in an established shopping center. 3. 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 2010 General Plan because the general plan encourages childcare centers to be located within the Town. 5. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community, since the church is separated from residential development by a four lane arterial roadway. 6. The land use will not encourage marginal development within the neighborhood, because the site is developed and the use is the only change. Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The proposed development is consistent with the 2010 General Plan because the general plan encourages childcare facilities in appropriate locations. 3. The development will be an attractive and efficient development which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 4. The proposed project is consistent with the Planned Unit Development Ordinance. PAGE 2 OR RESOLUTION 2006-10 5. The proposal will not be detrimental to the health, safety, and general welfare of the Town. CONDITIONS OF APPROVAL A. GENERAL 1. This approval is for a Land Use Permit (LUP 2005-21) to convert an existing basement and offices within an existing church into a child care center, a Development Plan (DP 2006-39) to allow the construction of the tenant improvements and to allow the conversion of an existing balcony in the main sanctuary into a conference room with two administrative offices and a media area. Development shall be substantially as shown on the project drawings as drawn by Craig and Grant Architects, consisting of seven sheets, dated received by the Planning Division on December 19,2005, except as may be modified by conditions contained herein. 2. The proposed child care facility shall not exceed a daily maximum of 105 students and 24 - 28 part time and full time teachers and aides over the entire duration of a day. The applicant may increase the number of children to 142 maximum provided it is determined by the Town of Danville that no traffic impacts will occur as a result of the enrollment increase. 3. The child care center shall be limited to operate between the hours of 6:30 a.m. to 6:30 p.m., Monday through Friday. 4. The center shall serve children ranging in age from six weeks to five years, distributed as follows: 8 infants; 15 toddlers; with the remaining children count being pre-school to kindergarten age children. * 5. . The applicant shall payor be subject to any and all Town and other related fees that the property may be subject to. These fees shall be based on the current fee schedule in effect at the time the relevant permits are secured, and shall be paid prior to issuance of said permit. 6. Prior to the issuance of a grading or building permit, whichever occurs first, the applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $ 136.50 (2 mailings X 91 notices X $0.75 per notice). PAGE 3 OR RESOLUTION 2006-10 * 7. * 8. * 9. * 10. * 11. Prior to the issuance of a building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District (SRVFPD) and the San Ramon Valley Unified School District have been, or will be, met to the satisfaction of these respective agencies. The SRVFPD's initial comments on this project are summarized in part in their memorandum dated February 6, 2006. Within ten days of the effective date of project approval, 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 and the check shall be made payable to the Contra Costa County Clerks Office. 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. 12. All physical improvements shall be in place prior to occupancy of the facility. * 13. * 14. As part of the initial submittal for the plan checking and/ or building permit review process, the applicant shall submit a written report on compliance with the conditions of approval of this project for the review and approval of the Chief of Planning and Building and the City Engineer. This report shall list each condition of approval followed by a description of what the applicant has provided as evidence of compliance with that condition. The report must be signed by the applicant. The report may be rejected by the Town if it is not comprehensive with respect to the applicable conditions of approval. Prior to approval of a Building Permit, all projects must conform to the applicable Uniform Building Codes and the California Building Codes. PAGE 4 OR RESOLUTION 2006-10 15. The applicant shall submit annual proof to the Town of Danville that a valid child care license has been issued by the Department of Social Services. 16. 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. 17. 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. 18. 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 Development Plan reVIew process. APPROVED by the Danville Planning Commission at a regular meeting on May 23, 2006 by the following vote: AYES: NOES: ABSTAIN: ABSENT: P<- Osborn, Graham, Combs, Condie, ~n, Nichols, and Morgan Moran ;M4L. (V("~- Chait man APPROVED AS TO FORM: '~fl ~^ City Attorney ? A C~lanmng PAGE 5 OR RESOLUTION 2006-10