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HomeMy WebLinkAbout2022-11 RESOLUTION NO. 2022-11 APPROVING LAND USE PERMIT LUP22-0005 AND DEVELOPMENT PLAN DEV22-0005 ALLOWING THE ENCLOSURE OF A 1,391 SQUARE FOOT PATIO AND REAPPROVAL OF A PREVIOUSLY APPROVED CHILDCARE CENTER WITH NO INCREASE IN ENROLLMENT BEYOND THE PREVIOUS APPROVAL FOR 108 CHILDREN. VARIANCE VAR22-0008 ALLOWS FOR A REDUCTION IN ON-SITE PARKING RESULTING IN A TOTAL OF 23 PARKING STALLS WHEN 26 STALLS ARE REQUIRED FOR THE PROPOSED MIX OF CHILDREN AGES AND THE ASSOCIATED REQUIRED STAFF MEMBERS. THE SITE IS LOCATED AT 2425 CAMINO TASSAJARA (215-090-024) WHEREAS, AnK Holdings LLC (Owner/Applicant) has requested approval of Development Plan application DEV22-0005 and Land Use Permit application LUP22- 0005 to allow for the enclosure of a 1,391 square foot patio and the reapproval of a previously approved childcare center with no increase in enrollment beyond the previous approval for 108 children; and WHEREAS, a Variance VAR22-0008 is also requested to allow a reduction in required on-site parking; and WHEREAS, the subject site is located at 2425 Camino Tassajara is further identified as Assessor’s Parcel Number 215-090-024; and WHEREAS, the Town of Danville’s P-1; Planned Unit Development District Ordinance requires that properties with an underlying General Plan land use designation require approval of a Land Use Permit prior to the establishment of a childcare facility; and WHEREAS, approval of a Development Plan application is required to allow for the proposed enclosure of the existing outdoor patio area; and WHEREAS, a childcare facility located on this site was approved by the Planning Commission on June 13, 1988 under Land Use Permit request LUP88-4; and WHEREAS, a Land Use Permit becomes void if the use is discontinued for a period of six months; and WHEREAS, this project has been found to be Categorically Exempt from the requirements of the California Environmental Quality Act (CEQA), Section 15301, Class 1, Existing Facilities; and WHEREAS, the Planning Commission did review the project at a noticed public hearing on May 10, 2022; and DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 2 OF RESOLUTION NO. 2022-11 WHEREAS, the public notice of this action was given in all respects as required by law; and WHEREAS, the Planning Commission did hear and consider all reports, recommendations, and testimony submitted in writing and presented at the hearing; now, therefore, be it RESOLVED that the Planning Commission approved Land Use Permit LUP22-0005, Development Plan DEV22-0005, and Variance request VAR22-0008 subject to the conditions contained herein, and make the following findings in support of this action: FINDINGS OF APPROVAL Development Plan: 1. The applicant intends to obtain permits for construction within 18 months from the effective date of plan approval. 2. The development will be an attractive and efficient development, which will fit harmoniously into and will have no adverse effects upon the adjacent or surrounding development. 3. The proposed development is consistent with the Danville 2030 General Plan and the Single Family Residential District Ordinance. 4. The proposal will not be detrimental to the health, safety, and general welfare of the Town, in that the development will meet all health and safety codes and is subject to compliance with all applicable building codes and requirements. Land Use Permit: 1. The proposed land use is in substantial conformance with the goals and policies of the 2030 General Plan. 2. The design of the proposed addition is in substantial conformance with the applicable zoning regulations. 3. The land use will not be detrimental to the health, safety, and general welfare of the Town. 4. The design of the proposed addition and improvements are not likely to cause substantial environmental damage or subsequently injure fish or wildlife or their DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 3 OF RESOLUTION NO. 2022-11 habitat since this property is in an area where commercial development has previously occurred. 5. The design of the proposed building proposed improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Variance: 1. The proposed variance does not constitute a grant of special privilege inconsistent with the limitations on other properties in the vicinity and the respective land use district in which the subject property is located. 2. Strict application of the respective zoning regulations is found to deprive the subject property of rights enjoyed by other properties in the vicinity and within the identical land use district because of special circumstances applicable to the subject property because of its size, shape, topography, location or surroundings 3. This variance substantially meets the intent and purpose of the respective land use district in which the subject property is located. CONDITIONS OF APPROVAL Conditions of approval with an asterisk ("*") in the left-hand column are standard project conditions of approval. Conditions of approval that are italicized are mitigation measured derived from the Mitigated Negative Declaration of Environmental Significance. Unless otherwise specified, the following conditions shall be complied with prior to the approval of the final map for the project. Each item is subject to review and approval by the Planning Division unless otherwise specified. A. GENERAL 1. This approval is for Land Use Permit LUP22-0005 and Development Plan DEV22-0005 allowing the enclosure of a 1,391 square foot patio and reapproval of a previously approved childcare center with no increase in enrollment beyond the previous approval for 108 children. Variance VAR22-0008 allows for a reduction in on-site parking resulting in a total of 23 parking stalls when 26 stalls are required for the proposed mix of children ages and the associated required staff members. Except as may be modified by these conditions of approval, development shall be substantially as shown on the project drawings as follows: DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 4 OF RESOLUTION NO. 2022-11 a. Floor plans and elevations labeled “Primrose School Franchising Company,” as prepared by Children’s Design Group, consisting of 10 sheets, dated received by the Planning Division on May 2, 2022. 2. The applicant shall obtain a building permit from the Town’s Building Division prior to the construction of the proposed development. 3. Prior to issuance of building permit the applicant shall reimburse the Town for notifying surrounding residents. The fee shall be $206.36 ($130 plus 92 notices x $0.83 per notice x three notices). * 4. Prior to the issuance of building permits, the applicant shall submit written documentation that all requirements of the San Ramon Valley Fire Protection District have been, or will be, met to the satisfaction of the District. * 5. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3’ x 3’ sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. 6. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. * 7. A watering program which incorporates the use of a dust suppressant, and which complies with Regulation 2 of the Bay Area Air Quality Management District shall be established and implemented for all on and off-site construction activities. Equipment and human resources for watering all exposed or disturbed soil surfaces shall be supplied on weekends and holidays as well as workdays. Dust-producing activities shall be discontinued during high wind periods. B. SITE PLANNING * 1. All lighting shall be installed in such a manner that lighting is generally DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 5 OF RESOLUTION NO. 2022-11 down-directed and glare is directed away from surrounding properties and rights-of-way. * 2. The location of any pad mounted electrical transformers shall be subject to review and approval by the Planning Division prior to the issuance of a building permit. To the extent feasible, such transformers shall not be located between any street and the front of a building. C. ARCHITECTURE * 1. All ducts, meters, air conditioning and/or any other mechanical equipment whether on the structure or on the ground shall be effectively screened from view with landscaping or materials architecturally compatible with the main structures. 2. Project signage is not approved as part of this application. Design of tenant signage, including any proposed lighting, shall be submitted for review and approval under a separate Sign Review application. D. STREETS * 1. The applicant shall obtain an encroachment permit from the Engineering Division prior to commencing any construction activities within any public right-of-way or easement. * 2. All mud or dirt carried off the construction site onto adjacent streets shall be swept each day. Water flushing of site debris or sediment or concrete washing is expressly prohibited. * 3. Any damage to street improvements now existing or done during construction on or adjacent to the subject property shall be repaired to the satisfaction of the City Engineer, at full expense to the applicant. This shall include slurry seal, overlay or street reconstruction if deemed warranted by the City Engineer. 4. The applicant shall create a construction staging plan that addresses the ingress and egress location for all construction vehicles, parking and material storage area. All staging of construction materials and equipment shall occur on-site. This plan shall be subject to review and approval by the Town prior to the issuance of a grading permit. E. INFRASTRUCTURE DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 6 OF RESOLUTION NO. 2022-11 * 1. Drainage facilities and easements shall be provided to the satisfaction of the City Engineer and/or the Chief Engineer of the Contra Costa County Flood Control & Water Conservation District (CCCFC & WCD). * 2. All runoff from impervious surfaces shall be intercepted at the project boundary and shall be collected and conducted via an approved drainage method through the project to an approved storm drainage facility, as determined by the City Engineer. Development which proposes to contribute additional water to existing drainage systems shall be required to complete a hydraulic study and make improvements to the system as required to handle the expected ultimate peak water flow and to stabilize erosive banks that could be impacted by additional storm water flow. * 3. Any portion of the drainage system that conveys runoff from public streets shall be installed within a dedicated drainage easement, or public street. * 4. If a storm drain must cross a lot, or be in an easement between lots, the easement shall be equal to or at least double the depth of the storm drain. * 5. The applicant shall furnish proof to the City Engineer of the acquisition of all necessary rights of entry, permits and/or easements for the construction of off-site temporary or permanent road and drainage improvements. * 6. All street, drainage or grading improvement plans shall be prepared by a licensed civil engineer. F. MISCELLANEOUS 1. The applicant shall implement a staggered pick-up and drop-off procedure where guardians are assigned 10 minute time slots. Primrose staff will monitor timeslots and adjust if caregivers are unable to consistently arrive during their assigned time. The applicant shall provide Town staff with the pick-up and drop-off schedule prior to operation of business. * 2. The project shall be constructed as approved. Minor modifications in the design, but not the use, may be approved by staff. Any other change will require Planning Commission approval through the Development Plan review process. * 3. Pursuant to Government Code section 66474.9, the applicant (including the applicant or any agent thereof) shall defend, indemnify, and hold harmless the Town of Danville and its agents, officers, and employees from any DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 7 OF RESOLUTION NO. 2022-11 claim, action, or proceeding against the Town or its agents, officers, or employees to attack, set aside, void, or annul, the Town's approval concerning this Minor Subdivision application, which action is brought within the time period provided for in Section 66499.37. The Town will promptly notify the applicant of any such claim, action, or proceeding and cooperate fully in the defense. * 4. As a part of the issuance of a demolition permit and/or building permit for the project, the developer shall submit a recycling plan for building and construction materials and the disposal of green waste generated from land clearing on the site. Prior to obtaining framing inspection approval for the project, the applicant/owner shall provide the Planning Division with written documentation (e.g., receipts or records) indicating that waste materials created from the demolition of existing buildings and the construction of new buildings were/are being recycled according to their recycling plan, or in an equivalent manner. * 5. The proposed project shall conform to the Town’s Stormwater Management and Discharge Control Ordinance (Ord. No. 94-19) and all applicable construction and post-construction Best Management Practices (BMPs) for the site. For example, construction BMPs may include, but are not limited to: the storage and handling of construction materials, street cleaning, proper disposal of wastes and debris, painting, concrete operations, dewatering operations, pavement operations, vehicle/equipment cleaning, maintenance and fueling and stabilization of construction entrances. Training of contractors on BMPs for construction activities is a requirement of this permit. 6. The applicant shall require their contractors and subcontractors to fit all internal combustion engines with mufflers, which are in good condition, and to locate stationary noise-generating equipment as far away from existing residences as feasible. 7. Construction activity shall be restricted to the period between the weekday hours of 7:30 a.m. to 5:30 p.m. (Mondays through Fridays), unless otherwise approved in writing by the City Engineer for general construction activity and the Chief Building Official for building construction activity. Prior to any construction work on the site, including grading, the applicant shall install a minimum 3’ x 3’ sign at the project entry which specifies the allowable construction work days and hours, and lists the name and contact person for the overall project manager and all contractors and sub- contractors working on the job. DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51 PAGE 8 OF RESOLUTION NO. 2022-11 8.The business owners shall annually maintain a valid business license from the Town of Danville and shall provide documentation, on an ongoing basis, that all independent contractors associated with this business operation, if any, are maintaining their own separate business license. 9.Any expansion or modification of the use shall be subject to review and approval by the Planning Division under a separate Land Use Permit application. 10.Personnel from the Danville Planning and Building Division have the right, under the terms of this land use permit, to make on-site inspections to assure compliance with these conditions of approval. 11.At any time during the effectiveness of this approval, the approval shall be revocable for cause in accordance with sections 32-4.15 through 32-4.19 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. APPROVED by the Danville Planning Commission at a regular meeting on May 10, 2022, by the following vote: AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo NOES: None ABSTAINED: None ABSENT: None _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: 7386B08F-34BE-407B-8A5E-6F9DCDA05C51