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Home My WebLink About021324 - 05.1 PLANNING COMMISSION STAFF REPORT 5.1 TO: Chair and Planning Commission February 13, 2024 SUBJECT: Resolution No. 2024-03, approving Land Use Permit LUP24-0001 allowing an increase in enrollment at the Primrose School from the previously approved 108 children to 134 children. The site is located at 2425 Camino Tassajara DESCRIPTION This application is a request to modify an existing Land Use Permit for the Primrose School located at 2425 Camino Tassajara, allowing the increase of enrollment from 108 children to 134 children. This site was previously approved by the Planning Commission on May 10, 2022, for use as a childcare center serving 108 children, under Land Use Permit request LUP22-0005. A Land Use Permit is required to allow a child-care facility within the subject P-1; Planned Unit Development zoning district. EVALUATION/ DISCUSSION Conformance with General Plan and Zoning District The site has a General Plan Land Use Designation of Residential -- Single Family – Country Estates and is zoned P-1; Planned Unit Development District. Childcare facilities are listed as a conditional use within areas designated for residential use, requiring the approval of a Land Use Permit. A new Land Use Permit is required to allow an increase in enrolled children. Parking The proposed occupancy includes 134 children and 24 staff members. One parking stall is required for every staff member and one stall is required for every ten children. The proposed number of children and staff would require a total of 37.4 parking spaces. There are 23 existing stalls on site. The school has a lease agreement with the neighboring Messiah Lutheran Church to rent 15 stalls, which totals 38 available stalls. A recommended condition of approval would require that teachers utilize all of the 15 parking spaces leased from Messiah Lutheran prior to parking on-site. 2425 Camino Tassajara 2 February 13, 2024 A Variance was previously approved to allow the Primrose School to operate with 23 parking stalls where 26 were required. This variance will no longer be necessary due to the new parking lease agreement with Messiah Lutheran Church. Additionally, the project already integrates staggered schedules with drop-off lasting from 6:30-9:00 a.m. and pick-up lasting from 3:00-6:00 p.m. Half-day students who are on-site in the morning are picked-up and replaced by afternoon half-day students at 12:00 p.m. The staggered drop-off and pick-up schedule helps to mitigate any potential shortage of parking or back-ups the drop-off zone. ENVIRONMENTAL REVIEW 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. PUBLIC CONTACT Public notice of the February 13, 2024, hearing was mailed to property owners within 750 feet and posted online. A total of 92 notices were mailed to surrounding property owners. RECOMMENDATION Adopt Resolution No. 2024-03, approving Land Use Permit LUP24-0001 allowing an increase in enrollment at the Primrose School from the previously approved 108 children to 134 children. The site is located at 2425 Camino Tassajara. Prepared by: Riley Anderson-Barrett Project Planner Attachments: A – Resolution No. 2024-03 B – Public Notification and Map & Notification List RESOLUTION NO. 2024-03 APPROVING LAND USE PERMIT LUP24-0001 ALLOWING AN INCREASE IN ENROLLMENT AT THE PRIMROSE SCHOOL FROM THE PREVIOUSLY APPROVED 108 CHILDREN TO 134 CHILDREN. THE SITE IS LOCATED AT 2425 CAMINO TASSAJARA (215-090-024) WHEREAS, Karim Ramzanali (Owner/Applicant) has requested approval of Land Use Permit application LUP24-0001 to allow for the increase of enrollment at the Primrose School from the previously approved 108 children to 134 children; 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 of single family residential receive approval of a Land Use Permit prior to the establishment or alteration of a childcare facility; and WHEREAS, a childcare facility located on this site was approved by the Planning Commission on May 10, 2022, under Land Use Permit LUP22-0005, Development Plan DEV22-0005, and Variance request VAR22-0008; 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 February 13, 2024; and 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 LUP24-0001 subject to the conditions contained herein, and make the following findings in support of this action: FINDINGS OF APPROVAL ATTACHMENT A PAGE 2 OF RESOLUTION NO. 2024-03 Land Use Permit: 1.The land use will not be detrimental to the health, safety, and general welfare of the Town. 2.The proposed land use will not adversely affect the orderly development of property within the Town. 3.The proposed land use will not adversely affect the preservation of property values and the protection of the tax base within the Town. 4.The proposed land use is in substantial conformance with the goals and policies of the 2030 General Plan. 5.The proposed land use will not create a nuisance and/or enforcement problem within the neighborhood or community. 6.The proposed land use will not encourage marginal development within the neighborhood. CONDITIONS OF APPROVAL Unless otherwise specified, the following conditions shall be complied with prior to the approval of the land use permit 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 LUP24-0001 allowing an increase in enrollment at the Primrose School from the previously approved 108 children to 134 children. Except as may be modified by these conditions of approval, operations shall be substantially as shown on the project documents as follows: a.Occupancy outline labeled “Primrose School Franchising Company,” dated received by the Planning Division on January 17, 2024. b.Parking rental agreement labeled “Parking Space Rental Agreement,” consisting of two pages, dated received by the Planning Division on January 17, 2024. PAGE 3 OF RESOLUTION NO. 2024-03 2.Prior to an increase in enrollment, 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). B. MISCELLANEOUS * 1. 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 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 Land Use Permit 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. 2.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. 3.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. 4.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. 5.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. 6.If the parking lease agreement is discontinued or altered to reduce the number of stalls available for use by the Primrose School to less than 15 stalls, this Land Use Permit shall become invalid immediately and the allowed occupancy shall revert to the previously approved 108 children and 15 staff members. Staff members shall utilize all 15 of the parking spaces leased from Messiah Lutheran Church prior to parking on-site. PAGE 4 OF RESOLUTION NO. 2024-03 APPROVED by the Danville Planning Commission at a regular meeting on February 13, 2024, by the following vote: AYES: NOES: ABSTAINED: ABSENT: _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING ATTACHMENT B