Loading...
HomeMy WebLinkAbout003-86A BEFORE THE CITY CO~{CIL OF THE CITY OF DANVILLE In the Matter of: Adopting Revised Conditions ) of Approval to a Land Use ) Permit For a Pre-School at ) 816 Diablo Road (LUP 85-1) ) ) RESOLUTION NO. 3-86 1. On July 1, 1985, the City Council of the City of Danville approved subject to conditions an application for a land use permit for a pre-school at 816 Diablo Road (L~:P 55-1) and denied a request for reconsideration (Reso- lution 41-85). to "A". 2. The applicant and concerned neighbors have agreed revised conditions of approval, attached as Exhibit 3. On January 6 1986 after notice to affected property owners, the City Council held a public hearing to consider the revised conditions of approval. NOW, THEREFORE, the City Council of the City of Danville RESOLVES that' 1. The Council reiterates each of its findings as described in Resolution 41-85; and 2. The revised conditions of approval to LUP 85-1, attached as Exhibit "A", are hereby adopted. These revised conditions are adopted to implement the terms of a settlement reached to end litigation (Boyer v. City of Danville, et al., Contra Costa Superior Court No. 274446). PASSED AND ADOPTED by the City Council of the City of Danville on January 6 , 1986 by the following vote' AYES: Lane, McNeely, Offenhar%z, Schlendorf NOES' Kennett ABSENT' None Mayor ~ ATTEST: city Cler~ 7 i/~,~-~L~~ ~ ~.~ ~ ~ ~, ~ ~ r¸ = ~ ? EXHIBIT "A" LUP 85-1, Preschool REVISED CONDITIONS OF APPROVAL · ~ · 4. · · · · · The school and day care center shall be developed generally as submitted on the revised plans (dated 3/11/85)· The school and day care center shall be limited to a combined total of 60 students at one time. Hours of operation shall be limited to 6:30 a.m. to 6:30 p.m. on weekdays only. The age of the children and classroom enrollment shall be regulated by the State of California· The school and day care center shall be subject to the requirements of the San Ramon Fire Protection District and the State Fire Marshall. 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· A Final Landscape Plan for the front and rear yards (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 posionous 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· 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· NiDety degree parking spaces shall be provided with a minimum back up distance of 28 feet. The play yard shall be improved in accordance with State Standards· -1- 10. 11. A decorative wood fence shall be provided around the entire periphery of the play area. the front elevation, the fence shall match the horizontal wood lap siding of the school. In Project design shall conform to the following require- ments 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. Be 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. C. All utility distribution services to the new building shall be installed underground. Any utility relocation to be at the expense of the applicant. De In accordance 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 applicant's Civil Engineer shall do a drainage study and recommend drainage improvements for review and approval by the City Engineer. --2-- 12. 13. 14. 15. 16. 17. 18. Ze 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. A preschool staff member shall be required to meet children at peak hours at the curb. The applicant shall work with staff to develop arrival and departure hours so as not tocompete with traffic. Fencing (or walls) along property lines bordering residences shall be designed and constructed to deaden noise generated by the project. Play equipment shall be located a sufficient distance from fences and walls to prevent children climbing on the play structures from reaching the fence or wall. The Center shall landscape border areas of the rear yard as necessary to screen views of the play yard from neighboring residences. Vehicular transportation between the Center and schools for all those children attending the Center for day care before or after school hours shall be provided. The Center shall prohibit its staff from parking on Betten Court while at work. The Center shall advise parents to avoid parking on or turning around in Betten Court. -3-