HomeMy WebLinkAbout186-97RESOLUTION NO. 186-97
DENYING THE APPEAL BY CHALLENGER SCHOOL OF THE PLANNING
COMMISSION'S DENIAL OF FINAL DEVELOPMENT PLAN REQUEST DP 97-07
AND LAND USE PERMIT REQUEST LUP 97-12 FOR THE CONSTRUCTION AND
OPERATION OF A 37,284_+ SQUARE FOOT ELEMENTARY/MIDDLE SCHOOL
AND PRESCHOOL - CHALLENGER SCHOOL (APN: 203-200-063)
WHEREAS, Challenger School (Applicant) and Castle Construction (Owner) have requested
approval of Final Development Plan and Land Use Permit requests for the construction and
operation of a 37,284+ square foot elementary/middle school and preschool on a 5.4+ acre
site; and
WHEREAS, the subject site is located on the south side of Maison Drive, at the northeast
corner of Camino Tassajara and Old Blackhawk Road (Parcel A of MS 857-97) and is
identified as Assessor's Parcel Number 203-200-063; and
WHEREAS, the Town of Danville P-l; Planned Unit Development District Ordinance
requires approval of a Final Development Plan and Land Use Permit to allow the
development and operation of the proposed facility; and
WHEREAS, a draft Mitigated Negative Declaration of Environmental Significance has been
prepared for the project indicating that, as modified through project modifications and
recommended project conditions of approval, no significant adverse environmental impacts
are expected to be associated with the project; and
WHEREAS, the Planning Commission did review the project at a duly noticed public
hearing on November 13, 1997; and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the request; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing on
November 13, 1997; and
WHEREAS, the Planning Commission's action on the item, as reflected in Planning
Commission Resolution No. 97-37, was to deny the Final Development Plan and Land Use
Permit requests; and
WHEREAS, Challenger School appealed the Planning Commission's decision by way of an
appeal letter dated November 21, 1997; and
WHEREAS, the Town Council did review the project at a noticed public hearing on
December 16, 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 uphold the
appeal by Challenger School, and approve Final Development Plan request DP 97-07 and
Land Use Permit request LUP 97-12; 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 denies the Development Plan and Land Use Permit
requests based on the following findings:
The number of students in the proposed school is excessive in terms of the resulting
traffic impacts to the existing road system serving the proposed school site and
surrounding neighborhood.
The traffic report does not fully address all of the traffic impacts associated with the
proposed 568 student school, including: cumulative traffic impacts in the vicinity of
the Crow Canyon/Camino Tassajara traffic corridors; traffic impacts associated with
right-turn movements from west-bound Camino Tassajara to Old Blackhawk Road;
traffic impacts to the intersection of Old Blackhawk Road/Maison Drive/Fontaine
Drive; impacts to the existing bicycle lane on Camino Tassajara; and public/safety
issues associated with the proposed school's peak traffic periods.
The Old Blackhawk Road Specific Plan area is served by only one access road (Old
Blackhawk Road) and the proposed school would create an unreasonable burden on
Old Blackhawk Road during periods of school pick-up/drop-off of students due to the
lack of alternate routes to the school.
Proposed traffic mitigations for the proposed school do not adequately address the
traffic impacts associated with the proposed 568-student school.
The proposed school is inconsistent with "Comprehensive General Plan Goal" #3 that
requires the protection of the quality of life within existing developed areas of the
community.
The proposed school is inconsistent with General Plan Policy #1.03 in that the school
is not consistent with the scale, appearance, and small-town character of Danville.
o
The proposed school is inconsistent with General Plan Policy #1.12 that requires
protection of existing residential areas from intrusion of incompatible land uses and
disruptive traffic to the extent reasonably possible.
The proposed school is inconsistent with "General Development Standard" #6 of the
Old Blackhawk Specific Plan in that the proposed development does not adequately
protect the lifestyle of existing residents to the maximum degree possible.
As indicated in the traffic study prepared for the proposed school, the peak 15-minutes
during the morning drop-off periods (existing plus project conditions) would result in
the intersection of Maison Drive/Fontaine Drive/Old Blackhawk Road operating at a
Level of Service (LOS) "D" which is an unacceptable deterioration of traffic
conditions for the surrounding residential neighborhood.
10.
Traffic conditions associated with the proposed school would result in a deteriorated
traffic condition for an approximate two hour period of time in the morning and
afternoon which would have a negative impact to the surrounding residential
neighborhood.
11.
The existing single access into the neighborhood (Old Blackhawk Road) dictates a less
intense land use for the subject property due to negative traffic impacts to the
surrounding residential neighborhood.
APPROVED by the Danville Town Council at a regular meeting on December 16, 1997
by the following vote:
AYES: Waldo,
NOES: None
ABSTAIN: None
ABSENT: None
Arnerich, Doyle, Greenberg, Shimansky
MAYOR
APPROVED AS TO FORM:
CITY ATTORNEY
ATTEST:
CITY CLERK
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