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HomeMy WebLinkAbout041-85BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE In the Matter of: Approving Subject to Conditions ) a Land Use Permit for a Pre- ) School at 816 Diablo Road (LUP ) 85-1) and Denying a Request for ) Reconsideration ) ) RESOLUTION NO. . 41-85 The Applicant submitted a land use permit application (LUP 85-1) for a proposed pre-school at 816 Diablo Road, Danville. (APN 196-270-021 and 024) The property is located in the R-15 residential zoning district. In that district a pre-school is permitted upon the issuance of a land use permit. (Municipal Code S8-3203(1).) The City may grant a use permit if it makes the follow- ing findings: (1) That the proposed conditional land use shall not be detrimental to the health, safety and general welfare of the City; (2) That it will not adversely affect the orderly development of property within the City; (3) That it shall not adversely affect the preservation of property values and the pro- tection of the tax base within the City; (4) That it shall not adversely affect the policy and goals as set by the general plan; (5) That it shall not create a nuisance and/or enforcement problem within the neighborhood or community; (6) That it shall not encourage marginal development within the neighborhood; (7) That special conditions or unique charac- teristics of the subject property and its location or surroundings are established. (County Ordinance Code S20-2.2008) -1- On March 11, 1985, the Planning Commission held a public hearing to consider the proposal. The matter was continued to April 8 for preparation of a traffic impact analysis. On April 8, 1985, the Planning Commission heard further public testimony and considered the proposal and traffic impact analysis. ("Traffic Impact Analysis for the Virginia Lee Pre-School", April, 1985) The Planning Commission determined that the project would not have a significant affect on the environment and approved a negative declaration under the California Environmental Quality Act (CEQA). The Planning Commission then voted to deny the land use permit. The applicant appealed the denial to the City Council. On May 20, 1985, the City Council held a public hearing to consider the appeal. The Council heard public testimony and reviewed the staff report, traffic impact analysis (plus a one-page addendum), minutes of the Planning Comm- ission meetings, petitions for and against the proposal, and other background materials. The Council voted to uphold the appeal and approve the land use permit subject to conditions of approval, attached as Exhibit A. By letter dated May 29, 1985, David A. Self, repre- senting Lynee Boyer, requested that the City Council re- consider its May 20, 1985 action to approve the land use permit. On June 17, 1985 the City Council considered the re- quest, including the David Self letter and an administrative staff report, and denied the request for reconsideration. The Council directed the staff to prepare a resolution. NOW, THEREFORE, the City Council of the City of Danville resolves that: 1. Regarding Council finds that: the proposed pre-school project, the a. The project will not be detrimental to the health, safety and general welfare of the City in that the conditions of approval require street widening, left turn lanes, fire safety compliance, fencing, restricted number of students and hours of operation and other health and safety measures. b. The project will not adversely affect the orderly development of property within the City -2- in that the project is of a type allowed in a residential district and is more in the nature of a public service operation than a commercial business. Approval will not set a precedent for allowing commercial use in this residential area. c. The project will not adversely affect the preservation of property values and the protection of the tax base within the City in that the archi- tectural design and landscaping (as proposed and with conditions) will result in a project similar in development style to the surrounding neighborhood. The project represents an improve- ment over the existing deteriorated structure on the property. The required widening of Diablo Road and addition of a left turn lane will also improve the area. d. The project will not adversely affect the policy and goals as set by the general plan in that the proposal is consistent with the general plan land use designations and will provide a much-needed service for the whole community. The applicant will be improving a portion of Diablo Road, a thoroughfare identified in the general plan. e. The project will not create a nuisance and/or enforcement problem within the neighborhood or community in that: the conditions of approval related to parking and traffic will reduce these impacts; the required fencing will provide a visual and noise barrier; the limitation on the total number of children will prevent overcrowding; and the limited hours of operation will minimize the impact on the neighborhood. f. The project will not encourage marginal de- velopment within the neighborhood because it is a use which is allowed in that residential district, it will not become a precedent for commercial uses in the neighborhood, and it is a high-quality project design. g. The property and its location involve special conditions and unique characterisitics which make it appropriate for the proposed use. The site is relatively isolated compared to most residential neighborhoods: there is a nursery -3- on one side and minimal single family residential development nearby. The site has direct access to a major thoroughfare, Diablo Road, without the need for travel through neighborhoods. The existing site is run down and the proposed project represents an improvement. Lastly, the property is conveniently located within ½ mile of another pre-school an~ elementary schools. 2. The request for reconsideration fails to raise pertinent factual or legal matters which were not brought to the attention of the Council before its May 20, 1985 decision to approve the project and the request is denied. 3. The land use permit application for a pre-school at 816 Diablo Road (LUP 85-1) is approved subject to the conditions attached as Exhibit A. Passed and adopted by the City Council of the City of Danville on July 1, 1985 by the following vote: AYES: Lane, May, McNeely, Offenhartz, Schlendorf NOES: None ABSENT: None ATTEST: City C terk ;? ./::.-/,~? //' /? .... Mayor : il: ........... \3 -4- LUP 85-1, Preschool RECOMMENDED CONDITIONS OF APPROVAL 1. The school and day care center shall be developed generally as submitted on the revised plans (dated 3/11/85). 2. The school and day care center shall be limited to a combined total of 60 students at one time. 3. Hours of operation shall be limited to 6:30 a.m. to 6:30 p.m. on weekdays only. 4. The age of the children and classroom enrollment shall be regulated by the State of California. 5. The school and day care center shall be sujbect to the requirements of the San Ramon Fire Protection District and the State Fire Marshall. 6. A color and materials palate and the building elevations shall be submitted to the Planning Director for review and approval prior to issuance of the Building Permit. 7. A Final Landscape Plan (types of plants, container size numbers and locations shall be submitted to the Planning Director for review and approval prior to Building Permit approval. All plant material shall be installed prior to issuance of an occupancy permit; and shall be maintained in a healthy manner. The front yard shall be sprinklered and have automatic controls. The proposed oleander shrubs shall be replaced with a non poisonous variety. All trees shall be a minimum of 15 gallon container size and shrubs not used as ground cover shall be at least 5 gallons. 8. All parking and driveway surface edges shall be improved with City approved concrete curbing. All parking spaces shall measure a minimum of 9 feet in width. Ninety degree parking spaces shall be provided with a minimum back up distance of 28 feet. 9. The play yard shall be improved in accordance with State Standards. 10. A decorative six foot wood fence shall be provided around the entire periphery of the play area. In the front elevation, the fence shall match the horizontal wood lap siding of the school. 11. Project design shall conform to the following requirements of the City Engineer: a. Deed to the City the additional right-of-way required for a forty foot half street. The deed must be executed by the owner before the building permit is issued. Provide joint use agreements, acceptable to the City Engineer, executed by all owners of any existing utility or other easements within the right-of-way to be deeded. B. Construct frontage improvements for the forty foot half street section. These improvements shall include but are not limited to pavement widening, curb, gutter and six foot six inch wide sidewalk measured from the curb face, and a storm drain to replace the existing ditch. Frontage improvements shall include transitions as required by the City Engineer. The applicant shall construct improvements within existing right-of-way along the frontage of the two adjacent parcels to the north and south of the project to facilitate a two-way left turn lane with appropriate transitions as required by the Traffic Impact Analysis. Co All utility distribution services to the new building shall be installed underground. Any utility relocation to be at the expense of the applicant. Do In accorrdance with Section 82-2.014 of the County Ordinance Code as adopted by the City of Danville all permits issued pursuant to Title 8 are to conform to Division 914 (Drainage) of the Subdivision Ordinance. Drainage from the roof area and the parking area shall be collected and conveyed to Diablo Road. The City Engineer shall determine at the time of drainage plan submittal if "collect and convey" shall be required for the play yard. For this site, the applicants Civil Engineer shall do a drainage study and recommend drainage improvements for review and approval by the City Engineer. E. Submit grading, drainage, and improvement plans to the City Engineer for review; pay the inspection and plan review fees. The improvement plans shall be submitted to the City Engineer prior to the issuance of any building permit. The construction of the improvements shall be completed before occupancy is granted. Plans accompanying the application for building permits shall show existing contours, the extent of the proposed grading, and drainage improvements. 12. A preschool staff member shall be required to meet children at peak hours at the curb. 13. The applicant shall work with staff to develop arrival and departure hours so as not to compete with traffic.