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HomeMy WebLinkAbout032-97RESOLUTION NO. 32-97 DENYING THE APPEAL BY CAROL PELINO OF PLANNING COMMISSION APPROVAL FORA LAND USE PERMIT (LUP 96-39), PERMITTING THE OPERATION OF A MAXIMUM 12 CHILD DAY CARE HOME AT 310 TUSCANY COURT WHEREAS, Jahangir and Guity Bozorgmanesh have requested approval of a Land Use Permit to allow a maximum 12 child day care home at 310 Tuscany' Court; and WHEREAS, under State law, local review and approval of large family day care homes has largely been preempted; and WHEREAS, the Town of Danville Municipal Code requires approval of a Land Use Permit for a Large Family Day Care home consisting of seven to 12 children; and WHEREAS, the Planning Commission did review and approve the subject request at a noticed public hearing on January 28, 1997; and WHEREAS, Carol Pelino appealed the Planning Commission decision by way of her appeal letter dated February 7, 1997; and WHEREAS, the Town Council did review the appeal of the Planning Commission action at a noticed public hearing on March 4, 1997; 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 Town Council deny the appeal and reaffirm the Planning Commission action to approve the project; and WHEREAS, the Town Council did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now therefore, be it RESOLVED, that the Town Council hereby denies the appeal and approves the Land Use Permit (LUP 96-39) per the conditions contained herein, and makes the following findings in support of the Land Use Permit: . The proposed land use will not be detrimental to the health, safety, and general welfare of the Town. PAGE 1 OF RESOLUTION NO. 32-97 . The land use will not adversely affect the orderly development of property within the Town. . 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 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. 7~ The specific location and unique characteristics of the subject property and its location and surroundings will result in a child care home which will not adversely affect the enjoyment of surrounding residential properties. . The land use is consistent with General Plan Policy 7.12 which directs the Town to consider child care and preschool facilities to be appropriate in residential neighborhoods where safe vehicular access and effective buffering of neighboring residences can be achieved. . The land use is consistent with the requirements of State law which considers Large Family Day Care facilities to be appropriate in residential areas unless a significant impact is identified as a result of the spacing and concentration large family day care facilities, traffic control, parking, or noise. CONDITIONS OF APPROVAL . This Land Use Permit authorizes the operation of a large family day care home at 310 Tuscany Court. Development of the home shall be substantially as shown on the project site plan dated received by the Planning Division on October 25, 1996, on file with the Planning Division. . The maximum number of children on the premises at any one time shall be limited to twelve during any one day. Drop-off and pick-up shall conform to these hours. . Hours of operation of the day care home shall be limited to Mondays through Fridays during the hours of 7:00 a.m. and 6:00 p.m. PAGE 2 OF RESOLUTION NO. 32-97 4. Outside play activities shall not occur prior to 8:00 a.m. . Day care noise shall be controlled so as not to create a nuisance to the adjoining residential neighborhood. . The existing driveway shall be kept clear to accommodate vehicles dropping off and picking up children attending the home. Day care providers shall park in the garage during the hours of operation. The applicants shall include in their Client/Care Provider Contract the following language: "To minimize potential traffic impacts generated by the operation of the day care home on the neighborhood, the client agrees to use the driveway area in front of the home exclusively for pick-up and drop-off purposes during the hours of operation." . The day care operator shall make arrangements with the clients of the home to stagger the arrival and departure times of the users. The operator shall work with the clients of the home to develop a schedule for the staggered arrival and departure times. The schedule shall be submitted for review and approval by the Planning Division within 30 days of approval of this permit. . Prior to operation of the home, the applicant shall submit evidence to the Planning Division that the appropriate licenses and permits to operate a large family day care home have been obtained from the State Department of Social Services and the San Ramon Valley Fire Protection District. 9. The home shall comply with all pertinent building code requirements. 10. No signs advertising the day care shall be installed on the property. 11. Within 10 days of the approval of a Land Use Permit for the operation of a maximum 12 child day care home, the applicants shall notify all existing clients of the pick-up and drop-off parking restrictions and obtain a signed agreement. Future clients will be required to sign the agreement prior to using the day care home. The agreement shall be substantially as set forth in Letter No. 5 of Attachment D. 12. Within 15 days of the approval of a Land Use Permit for the operation of a maximum 12 child day care home, the applicant shall submit to the Town a Client/Care Provider Contract which includes the language described in Condition No. 6. PAGE 3 OF RESOLUTION NO. 32-97 13. This permit shall not be transferable, as agreed by the applicant. 14. Any continued and substantial violation of the conditions set forth in this resolution or of the requirements of any other licensing agency, after repeated notice of the violations, shall subject the Land Use Permit to review by the Town to consider its revokationo APPROVED by the Danville Town Council at a Regular Meeting on March 4, 1997, by the following vote: AYES: Doyle, NOES: None ABSENT: None ABSTAINED: None Waldo, Arnerich, Greenberg, Shimansky ? MAYOR APPROVED AS TO FORM: ATTEST: r2 / c& /2 CITY ATTORNEY &, CITY CLERK c:\williams\permits\lup\lup96_39\reso_asr.rev PAGE 4 OF RESOLUTION NO. 32-97