HomeMy WebLinkAbout2024-03
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
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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.
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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. Specific parking stalls leased from Messiah Lutheran
Church shall be identified, and staff members shall utilize all 15 of the
leased parking stalls prior to parking on-site. Lease hours shall run during
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hours of operation, from 6:30 AM to 6:00 PM on weekdays. The applicant
shall provide the Town with a copy of the final lease agreement prior to
increasing the capacity as allowed under this permit.
APPROVED by the Danville Planning Commission at a regular meeting on February 13,
2024, 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
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