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HomeMy WebLinkAbout2006-20 RESOLUTION NO. 2006-20 LAND USE PERMIT REQUEST LUP 2005-01 TO ALLOW THE OPERATION OF A PRESCHOOL FACILITY IN AN EXISTING BUILDING AT 101 GA TETREE DRIVE WHEREAS, Gatetree Baptist Church (Applicant/Owner) have requested approval of a Land Use Permit request LUP 2005-01 to allow the operation of a preschool facility in an existing building, Monday through Friday from 8:00 a.m. to 5:00 p.m. The maximum number of children per session would be 60, from the ages of two to five years; and WHEREAS, the subject site is located at 101 Gatetree Drive and is further identified as Assessor's Parcel Number 202-110-011; and WHEREAS, the Town of Danville Single Family Residential Development District Ordinance requires approval of a Land Use Permit prior to the establishment of a preschool facility; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on August 29,2006 and on March 13, 2007; 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 RESOLVED that the Planning Commission of the Town of Danville approves Land Use Permit request LUP 2005-01 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 because child related services are subject to regulation by the State of California for compliance with safety measures in order for a license to be granted, which in turn provides a service to families. Compliance with safety requirements must be maintained in order for the license to remain active. 2. The land use will not adversely affect the orderly development of property within the Town, because the proposal will not change the exterior architecture of the church building. 3. The land use will not adversely affect the preservation of property values and the protection of the tax base within the Town, because childcare and school facilities are outlined in the Municipal Code as an allowed use within Single Family Residential Districts with the issuance of a land use permit. 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 and preschool facilities to be located within existing church facilities. 5. The land use will not create a nuisance and/or enforcement problem within the neighborhood or community, since a land use permit is revocable at any time through a public revocation hearing for cause including failure to comply with conditions of approval and the creation of a hazard or nuisance associated with this land use. 6. The land use will not encourage marginal development within the neighborhood, because the site is developed and the use is the only change. CONDITIONS OF APPROVAL Conditions of approval with an asterisk (*) in the left-hand column are standard project conditions of approval. Unless otherwise specified, the following conditions shall be complied with prior to the issuance of a building permit and/ or prior to the operation of the facility as applicable. Each item is subject to review and approval by the Planning Division unless otherwise specified. PAGE 2 of 5 RESOLUTION 2006-20 A. GENERAL 1. This approval is for a Land Use Permit (LUP 2005-01) to convert existing interior space within an existing church into a preschool facility. The project shall be substantially as shown on the project description statement prepared by Gatetree Baptist Church, consisting of a proposal letter dated December 18,2006, and site plan dated January 21, 2007, except as may be modified by conditions contained herein. . 2. The facility shall not exceed a maximum of 60 students per session ranging in age from two to five years and 15 full-time staff over the entire duration of a day. The staff ratios shall meet the regulations of the State of California. 3. The facility shall be limited to operate between the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. The actual class time shall be limited to the hours between 9-11:30 a.m. for the morning session and 12:45-3:15p.m. for the afternoon session. Drop-off and pick-up shall occur in the parking lot only and shall limited to the hours between 8:00 a.m. and 5:00 p.m. * 4. Approval for signage is not a part of this land use permit Revisions to signage shall.be submitted under a separate sign permit application. 5. Any future accessory structures, including design compatible to the existing building and location of such structures, shall be reviewed and approved by the Planning Division. Setback and size regulations of the Single Family Residential District apply to all accessory structures. 6. 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. The applicant shall reimburse the Town for notifying surrounding neighboring residents of the public hearing. The fee shall be $144.75 (193 notices X $0.75per notice). * 7. 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. * 8. 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 PAGE 3 of5 RESOLUTION 2006-20 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. * 9. 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. * 10. 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. 11. All physical improvements shall be in place prior to occupancy o( the facility. * 12. All projects must conform to the applicable Uniform Building Codes and the California Building Codes. 13. The applicant shall submit annual proof to the Town of Danville that a valid preschool license has been issued by the Department of Social Services. 14. The existing trash enclosure shall be rebuilt to be compatible with the project architecture. The existing flat roof composed of corrugated, nailed-on fiber glass is not acceptable and shall be replaced with a sloped roof that prevents water from collecting on the interior of the enclosure. Enclosure design shall include six-foot high walls. Gates shall be self-closing and self-latching. The applicant shall document that all trash/ recycling areas are appropriately rebuilt, sized and located. 15. For both sound reduction and visual screening, a six foot tall, board-on- board wood fence at the back (west side) of the play area shall be installed; the remaining three sides of the fence shall be an open view style wood fence that is in conformance with building code and state regulations regarding playgrounds for children aged two to five. Three 15-gallon Redwood trees shall be planted along the west side of the property adjacent to the play area and where there are gaps between existing large-scale, evergreen trees. Additional plantings shall include 15-gallon Redwood trees along the north property line, hedges along the east property line between the street and the parking lot, and other plant material as aesthetically appropriate along the exterior of the playground fence. The applicant shall provi~e a landscape plan that includes plant placement, species and fence design for review and approval by the Design Review Board prior to the operation of the school. PAGE 4 of 5 RESOLUTION 2006-20 16. All landscaping planted for screening purposes shall be maintained in a healthy growing condition. Plantings that die shall be replaced. 17. Directional signage shall be installed to advise staff, parents and visitors to enter the site on the north driveway and to exit on the south driveway. 18. Any land use change will require Planning Commission approval through the public hearing review process. This Land Use Permit is revocable at any time through a public revocation hearing for cause including failure to comply with the conditions of approval herein and the creation of a hazard or nuisance associated with this land use. APPROVED by the Danville Planning Commission at a regular meeting on March13, 2007 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Antoun, Combs, Morgan, Nichols, Osborn, Welch Storer Condie Chair APPROVED AS TO FORM: (jI~8, ~cf:8 City Attorney ) PAGE 5 of 5 RESOLUTION 2006-20