HomeMy WebLinkAbout2019-02RESOLUTION NO. 2OI9-02
DENYING AN APPEAL BY EVAN LEVY AND UPHOLDING THE PLANNING
DIVISION'S ADMINSTRATIVE APPROVAL OF A LAND USE PERMIT
REQUEST ALLOWING THE OPERATION OF A LARGE FAMILY DAY CARE
HOME, WITH A MAXIMUM OCCUPANCY OF 14 CHILDREN, IN AN
EXISTING RESIDENCE LOCATED AT 65 CHADBOURNE DRIVE
(APN 217-18't -033)
WHEREAS, Perry & Hagit Miller (Owner/Applicant) have requested approval of a Land
Use Permit request (LUP18-0013) to allow the operation of a Large Family Day Care
Home in an existing residence; and
WHEREAS, the subject parcel is approximately 6,000-square feet and located at 65
Chadbourne Drive and is further identified as Assessor's Parcel Number 217-18'1"-033;
and
WHEREAS, the project has been found to be Statutorily Exempt from the requirements
of the California Environmental Quality Act (CEQA), Section 1527a@) Family Day Care
Homes; and
WHEREAS, on January 2,2019 the Town mailed an Appealable Action Letter to notify
the surrounding property owners of the administrative approval; and
WHEREAS, on January 14,2019 the Town received an appeal of staff's administrative
approval by Evan Levy; and
WHEREAS, the Planning Commission did review the project at a noticed public hearing
on February 12,2019; and
WHEREAS, the public notice of this action was given in all respects as required by taw;
and
WHEREAS, a staff report was submitted recommending that the Planning Commission
approve the requesü and
WHEREAS, the Planning Commission did hear and consider all reports,
recoÍunendations, and testimony submitted in writing and presented at the hearing;
now therefore, be it
RESOLVED, that the Planning Commission of the Town of Danville approves Land Use
Permit request (LUP18-0013) per the conditions contained hereiry and makes the
following findings in support of this action:
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2.
FINDINGS OF APPROVAL
Land Use Permit
The land use will not be detrimental to the health, safety, and general welfare of
the Town in thøt, the proposed use includes the operation of a døy care for ø maximum of
L4 children and subject to the Støte of Cøliþrnia's Lørge Fa;mily Døy Cøre requirements
in Chøpter 3.6 of the Health €s Safety Code.
The land use will not adversely affect the orderly development of property within
the Town in that, the proposed lønd use utould operøte betnteen 7:00 a.m. ønd 5:30 p.m.
from Monday through Fridøy. Støff eaaluøted the proposed use ønd determined thøt the
locøtion of the residence zttould allout ødequnte circuløtion for drop-off and pick-up øreas.
Staff høs conditioned the project to maintain a pick-up nnd drop-off schedule to improae
the circulation of aehicles during peøk hours.
3.The land use will not adversely affect the preservation of property values and the
protection of the tax base within the Town in thøt, the proposed use utould not generate
additional sales tax for the Toutn ønd utould not øduersely ffict the preseraøtion of
property oølues.
The land use will not adversely affect the policy and goals as set by the Danville
2030 General Plan in that, the proposed lønd use meets Policy 19.09 of the Ciuic ønd
Community Føcilities that states:
Policy 19.09 - Consider lørge-family child cøre facilities (as defined by state lazu) to be
øppropriøte in residential neighborhoods uthere trffic, safety, and øccess concerns cøn be
adequately addressed. Larger facilities such as preschools mny be considered appropriøte
uthere søfe aehiculør access ønd effectiae buffering of neørby residence can be assured.
The proposed land use will not create a nuisance andf or enforcement problem
within the neighborhood or conununity and will be consistent with the design and
layout of the building in thøt, the proposed lønd use is conditioned to operøte uithin the
proposed hours of operation and amplified music utould be prohibited outdoors. Støff høs
conditioned the project to limit the outdoor play time to the hours of B:30 a.m. to 12:00
p.m. and 3:00 p.m. to 5:00 p.m. from Monday to Friday to minimize the potentiøI for excess
noise. The project is also subject to the Toutn of Dnnaille Noise Ordinance (Chapter 4-2)
utith the considerøtion of the normal noise generatedby children.
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PAGE 2OF RESOLUTION NO. 2019-02
6 The land use will not encourage rnatginal development within the neighborhood
as the development in thøt, the proposed land use does not include exterior or interior
deaelopment chønges to the existing residence and the existing residence zttouldbe used ns
the Lørge Fømily Day Cnre. Staff has conditioned the project to submit øny proposed
modifications of the outdoor play area to be reaieuted and approaed to the søtisføction of the
Chief of Planning.
CONDITIONS OF APPROVAL
This Land Use Permit authorizes the operation of a Large Family Daycare Home
located at 65 Chadbourne Drive. As authorized under this approval, the business
activity is subject to all requirements of a Large Family Daycare Home in Chapter
3.6 Family Day Care Homes of the State of California's Health & Safety Code.
The maximum number of children with appropriate age range will be subject to
State requirements, Section 1597.465 in Chapter 3.6 Family Day Care Homes of
the State of California's Health and Safety Code. A Large Family Day Care Home
may provide care for more thanl2 children and up to and including 14 children,
if the following conditions are met:
a. At least on child is enrolled in and attending kindergarten or elementary
school and a second child is at least six years of age.
b. No more than three infants (up to two years of age) are cared for during
any time when more thanl2 children are being cared for.
c. The licensee notifies all parents that the facility is caring for two additional
schoolage children and that there may be up to 13 or'l,4children in the home
at one time.
d. The licensee obtains the written consent of the property owner when the
family day care home is operated on property that is leased or rented.
The hours of operation shall be from 7:00 a.m. to 5:30 p.ffi., Monday through
Friday.
Prior to the operation of a Large Family Day Care, the property owner shall
schedule a site visit with the Planning Division to verify that the existing garage
may acconunodate of two parked cars (20'x22') to provide sufficient parking for
the applicants existing vehicles and maintain a clear driveway for potential
customers.
Outdoor play time shall be permitted between the hours of 10:00 a.m. to 12:00
p.m. and 3:00 p.m. to 5:00 p.m. from Monday to Friday.
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PAGE 3 OF RESOLUTION NO. 2OI9-02
6.
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No loudspeakers or amplified music shall be permitted outside the enclosed
building.
Outdoor play areas shall be limited to the rear yard of the property and no front
yard activity shall be permitted.
Any new proposed play structures and there locations must be submitted to the
Planning Division for review and approval to the satisfaction of the Chief of
Planning.
Any intensificatiory expansion or modification of the business activity shall be
subject to review and approval by the Town under a separate Land Use Permit
application.
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13.
In order to minimize any concentration of vehicles at a given time, the operator
shall schedule drop-off and piðk-ups at a minimum of five-minute intervals so
that not more than two vehicles are schedule to arrive at the site at any given time.
After six months of operation, the operator shall provide the Town with the roster
of students and the pick-up and drop-off schedule documenting compliance with
this condition. After six months, the operator shall provide the pick-off and drop-
off schedule to the Town upon request.
The business operator shall maintain a valid home occupation license from the
Town of Danville and for the business and its employees and shall provide
documentation to the Town that all independent contractors associated with this
business operation, iÍ any, are maintaining their own separate business license as
may be required under the Town's business license program.
At any time during the effectiveness of this approval, the approval shall be
revocable for cause in accordance with sections 32-4.15 and32-4.19 of the Danville
Municipal Code, including failure to comply with these conditions of approval if
the applicant has caused or permitted any public nuisance in connection with the
use.
The Land Use Permit operations shall be reevaluated by staff after one-year of
operation to verify that the operations meet the noise and traffic standards set
forth in the Town of Danville Municipal Code.
PAGE 4 OF RESOLUTION NO. 2OL9.O2
APPROVED by the Danville Planning Commission at a regular meeting on February 12,
2019by the following vote:
AYES: Bowles, Combs, Graham, Radich, TrujilloNOES: Haberl, Havlik
ABSTAINED:
ABSENT:
APPROVED AS TO FORM:ATTEST:
CITY ATTORNEY PLANNING
PAGE 5 OF RESOLUTION NO. 2019-02
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