HomeMy WebLinkAbout170-99RESOLUTION NO. 170-99
DENYING AN APPEAL BY STUART GRAY AND UPHOLDING THE PLANNING
COMMISSION'S ACTION APPROVING LAND USE PERMIT REQUEST LUP 99-
25 ALLOWING THE OPERATION OF A MAXIMUM ll-CHILD LARGE FAMILY
DAY CARE AT 176 WATERMAN CIRCLE
WHEREAS, Christian and Karin Westbrook have requested approval of a Land Use Permit
request LUP 98-25 to allow the operation of a maximum 11 -child large family day-care facility
on a .26 acre site; and
WHEREAS, the subject site is located at 176 Waterman Circle and is further identified as
Assessor's Parcel Number 218-174-001; and
WHEREAS, the proposed project has been found to be statutorily exempt from the requirements
of the California Environmental Quality Act (Section 15274); and
WHEREAS, the Planning Commission did review and approve the project at a noticed public
hearing on October 12, 1999; and
WHEREAS, the public notice of this action was given in all respects as required by law; and
WHEREAS, on October 22, 1999, an appeal was submitted to the Town by Stuart Gray; and
WHEREAS~ the Town Council did review the project at a noticed public hearing on December
21, 1999; 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 approve the Land Use Permit request; and
WHEREAS, the Danville 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 Danville Town Council denies the appeal and makes the following
findings in support of this action:
Land Use Permit:
The proposed land use will not be detrimental to the health, safety, or general welfare of
the Town because the proposed day-care will be contained in a controlled environment
with proper supervision.
The land use will not adversely affect the orderly development of property within the
Town, because this type of use is encouraged by the goals and policies currently
established by the Town.
The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town.
The land use will not adversely affect the policies and goals as set by the 2010 General
Plan because the General Plan includes policies encouraging this type of land use.
The land use will not create a nuisance and/or enforcement problem within the
neighborhood or community because the operation will reduce current operation hours
and include only minimal outside play time.
6. The land use will not encourage marginal development within the neighborhood.
CONDITIONS OF APPROVAL
This permit authorizes the operation of a maximum 11 -child large family day-care home
within an existing single family residence at 176 Waterman Circle. Except as may be
modified by the Conditions of Approval contained herein, development shall be
substantially as shown on the project plans dated received by the Planning Division on
September 22, 1999.
The permit allows a maximum number of 11 children on the premises at any one time,
including the applicant's own children.
Hours of operation of the day care home shall be limited to the hours between 8:00 a.m.
and 1:00 p.m., Monday through Friday.
4. Outside play activities shall not occur prior to 8:30 a.m.
The day care operator shall make arrangements with the perspective clients of the day-care
home to develop a schedule to stagger the arrival and departure times of the users. The
applicant shall provide the Town with a copy of the schedule within 30 days of initiation
of the land use.
PAGE 2 OF RESOLUTION NO. 170-99
Day-care noise shall be controlled so as not to create a nuisance to the adjoining
residential neighborhood.
The "Assistant Provider" for the day care shall be required to park in the garage during
business hours of operation.
Prior to the initiation of the land use, the applicant shall submit evidence to the Planning
Division that the appropriate licenses and permits to operate a day-care home have been
obtained from the State Department of Social Services and the San Ramon Valley Fire
Protection District.
,
Prior to initiation of the land use, the applicant shall submit a business license application
to operate a large family day-care to the Town of Danville.
10 No signs advertising the day-care home use shall be installed on the property~
11.
The garage shall be maintained in a condition allowing for the parking of two cars, and
shall not be allowed for any day care activities as provided for purpose of this land use.
12.
Any expansion or modification of the use shall be subject to review and approval by the
Planning Commission under a separate Land Use Permit.
13.
Prior to the issuance of a building permit, whichever occurs first, the applicant shall
reimburse the Town for notifying surrounding neighboring residents of the public hearing.
The fee shall be $ 345.00 (230 notices X $0.75 per notice X 2 public hearings).
14.
Clients shall be directed by the applicant to drop-off and pick-up children only by entering
from the noah leg of Waterman Circle, parking along the greenbelt in front of the day-
care and exiting from the south leg of Waterman Circle to Harlan Drive.
15.
The applicant shall not accept parents dropping off children outside of their regularly
scheduled time for the day-care program.
PAGE 3 OF RESOLUTION NO. 170-99
APPROVED by the Danville Town Council at a regular meeting on December 21, 1999 by the
following vote:
AYES: Greenberg,
NOES: None
ABSTAIN: None
ABSENT: None
Doyle, Arnerich,
Shimansky,,Waldo
MAYOR r
APPROVED AS TO FORM:
ATTEST
CITY ATTORNEY
CITY CLERK
PAGE 4 OF RESOLUTION NO. 170-99