HomeMy WebLinkAbout02-12 CC OrdinanceORDINANCE 02-12
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AMENDING TITLE 17 RELATING TO THE
STANDARDS FOR LARGE FAMILY DAY CARE HOME
FACILITIES (PLANNING APPLICATION 99-0382)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, the Planning Staff prepared Planning Application No. 99-0382 (the
"Application") in a manner in accord with the City of Temecula General Plan, Development Code
and Subdivision Ordinance;
WHEREAS, the Planning Application No. 99-0382 (the "Application") has been prepared
in a manner in accordance with the City of Temecula General Plan and Development Code;
WHEREAS, the Application was processed including, but not limited to public notice, in
the time and manner prescribed by State and local law;
WHEREAS, the Planning Commission considered the Application on October 2, 2002, at
after a duly noticed public hearing recommended that the City Council adopted the proposed
ordinance;
WHEREAS, at the conclusion of the Commission hearings and after due consideration
of the testimony, the Commission recommended approval of the Application subject to and
based upon the findings set forth hereunder;
WHEREAS, notice of the proposed Ordinance was posted at City Hall, Temecuia
Library, Pujol Street Community Center, and the Temecula Valley Chamber of Commerce; and,
WHEREAS, the City Council has held a duly noticed public hearing on November 12,
2002 to consider the proposed amendments to the City Zoning Map and the Temecula
Municipal Code.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Section 17.06.050.J of the Temecula Municipal Code is hereby amended
to read as follows:
"J. Family Day Care Home Facilities.
Small family day care home facilities, as defined in Chapter 3.4, Division 2 of
the Health and Safety Code, are permitted in all residential zoning districts.
Although no specific permit is required, compliance with the pedormance
standards contained in Section 17.06.050.J.3 of the Temecula Municipal
Code is required.
2. Large family day care home facilities, as defined in Chapter 3.4, Division 2 of
the Health and Safety Code, are permitted in all single family zoning districts
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with the approval of a permit for a large family day care home facility pursuant
to the provisions of Section 17.04.050 of the Temecula Municipal Code.
Compliance with the performance standards contained in Sections
17.06.050.J.3 and J.4 of the Temecula Municipal Code are required.
3. All day care home facilities shall comply with the following requirements.
a. All day care facilities shall be state licensed and shall be operated according
to all applicable State and local health and safety requirements and regulations.
b. The facility shall comply with all land use regulations and site development
standards of the zoning district in which it is located.
c. An outdoor play area shall be located in the rear yard area. Stationary play
equipment shall not be located in required side yard setbacks or in the actual front yard.
The outdoor play areas shall be securely locked and appropriately landscaped.
d. A solid decorative fence or wall at least five feet in height shall be constructed
on all property lines, except in the front yard. Materials, textures, colors, and design of
the fence or wall shall be compatible with on-site and adjacent properties. All fences
and walls shall provide for safety with controlled points of entry.
e. All on-site lighting shall be stationary, directed away from adjacent properties
and public rights-of-way, and of an intensity appropriate to the use it is serving.
f. Outdoor playtimes must be limited to between the hours of 8:00 a.m to 7:00
p.m.
g. On- or off-street parking must be adequate enough to
accommodate both employee parking and passenger loading and
unloading. Parking and loading/unloading areas must not restrict
access to neighboring properties or utilize the parking space of
neighboring properties.
4. In addition to the provisions of Subsection J.3 above, large family day care
home facilities shall comply with the following requirements.
a. In all single family zoning districts and planning areas, large family day care
home facilities shall not be located any closer than:
i. Three hundred (300) feet of another large family day care home
facility, and
ii. Six hundred (600) feet of another large family day care home
facility when the most reasonable direct route from the arterial road network to each site
utilizes the same residential streets.
b. Large Family Day Care Home facilities must provide one (1) off-
street employee parking space. The parking space may be in the
third space of an extra wide driveway or in the garage. At least
two driveway spaces shall be open for access and loading.
c. At least one (1) loading space, either in the driveway of the home,
or at the curb immediately in front of the home, must be available
for passenger loading and unloading.
d. Any additional design or operational requirements that may be
necessary to ensure compatibility of the facility with the surrounding
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area and protect the public health and safety."
Section 2. Section 17.04.050 creating Large Family Day Care Permits is hereby
added to the Temecula Municipal Code to read as follows:
"17.04.050 Large Family Day Care Permits
Purpose and Intent. A large family day care permit is intended to allow the
establishment of large family day care home facilities, as defined in Chapter 3.4,
Division 2 of the Health and Safety Code, in a manner that is compatible with the
surrounding area and that protects the general public health, safety and welfare.
Application Requirements. Applications for large family day care permits shall be
completed in accordance with the Section 17.03.030 of the Temecula Municipal
Code.
Notice. Upon the determination that a large family day care permit application is
complete, the following shall occur:
1. A public notice shall be sent to every residence within three hundred (300) feet of the
site. The notice shall be mailed first class and postage pre-paid to the applicant and all
occupants (at the site address) and property owners.
The Notice shall indicate the following information:
a. The location and address of the proposed large family day care home facility.
b. A description of the proposed activity, including the maximum number of
permitted children and the days of the week and hours of the day that the facility is
proposed to operate.
c. A statement that the City will hold a hearing for the proposed use. The
statement will inform the recipients of their right to attend the hearing and raise their
issues and concerns regarding the proposed use. The requirements of Section
17.03.040.B.2 of the Temecula Municipal Code to notify at least thirty (30) property
owners does not apply to the requirements of this hearing notice.
Approval. A large family day care permit may be approved, conditionally
approved or denied after a public hearing. As determined to be necessary and
appropriate, the director may refer any application to the Planning Commission.
Decisions of the Planning Commission may be appealed to the City Council,
pursuant to Section 17.03.090 of the Temecula Municipal Code.
Findings. The Director of Planning, may approve or conditionally approve a large
family day care permit only when the following findings can be made:
2. The proposed use is compatible with the nature, character and use of the
surrounding area.
3. The proposed use will not adversely affect adjacent residents or structures.
4. The nature and location of the proposed use will not be detrimental to the health,
safety, or welfare of the community and does not concentrate children in a dangerous
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location.
Notice of Decision. A copy of the notice of decision shall be provided to the
applicant in accordance with Section 17.03.040.E of the Temecula Municipal
Code.
Revocation. A large family day care permit may be revoked or modified by the
director in accordance with the provisions of Section 17.03.080 of the Temecula
Municipal Code."
Section 3.
Code.
The following minor changes are hereby made to the Temecula Municipal
Table 17.03.010 of the Temecula Municipal Code is hereby amended to
add the following row:
Administrative Planning Planning City
Approval Approval Director Commissio Council
n
Large Family Day X
Care Home Facility
Footnote 1 of Table 17.06.040 is hereby amended to read as follows:
"Subject to the provisions of Section 17.04.050 and Section 17.06.050.J.,
Family Day Care Home Design Standards."
SECTION 4. Severability. The City Council hereby declares that the provisions of this
Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any
sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the
validity of the remaining parts of this Ordinance.
SECTION 5. Effective Date. This Ordinance shall be in full force and effect thirty (30)
days after its passage. The City Clerk shall certify to the adoption of this Ordinance and cause
copies of this Ordinance to be posted in three designated posting places.
SECTION 6. This Ordinance shall be in full force and effect thirty (30) days after its
passage; and within fifteen (15) days after its passage, together with the names of the City
Councilmembers voting thereon, it shall be published in a newspaper published and circulated
in said City.
SECTION 7. The City Clerk shall certify to the adoption of this Ordinance and shall
cause the same to be posted as required by law.
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PASSED, APPROVED AND ADOPTED this 26th day of November, 2002.
Ron Roberts, Mayor
ATTEST:
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, CMC, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 02-12 was duly introduced and placed upon its first reading at a
regular meeting of the City Council on the 12th day of November, 2002, and that thereafter, said
Ordinance was duly adopted and passed at a regular meeting of the City Council on the 26t"
day of November, 2002, by the following vote:
AYES:
5 COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0
COUNCILMEMBERS: None
cCMC
lerk
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