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HomeMy WebLinkAbout03-18 DH ResolutionDH RESOLUTION NO. 2003-018 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA03-0364, TO ESTABLISH AND OPERATE A LARGE FAMILY DAY CARE HOME FOR A MAXIMUM OF FOURTEEN CHILDREN WITHIN AN EXISTING SINGLE-FAMILY RESIDENCE. THE SUBJECT PROPERTY IS LOCATED AT 43829 CALLE BALMEZ, FURTHER KNOWN AS APN: 959-341- 033. WHEREAS, Lavdie G. Hamzi filed Planning Application No. PA03-0364, in a manner in accord with the City of Temecula General Plan, Paloma del Sol Specific Plan and Development Code; WHEREAS, Planning Application No. PA03o0364 was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law; WHEREAS, the Planning Director, at a regular meeting, considered Planning Application No. PA03-0364 on August 21, 2003, at a duly noticed public hearing as prescribed by law, at which time the City staff and interested persons had an opportunity to and did testify either in support or in opposition to this matter; WHEREAS, at the conclusion of the Planning Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA03- 0364 subject to the conditions after finding that the project proposed in Planning Application No. PA03-0364 conformed to the City of Temecula General Plan, Paloma del Sol Specific Plan and Development Code; NOW, THEREFORE, THE DIRECTOR OF PLANNING OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Findinqs. The Planning Director, in approving Planning Application No. PA03-0364 (Large Family Day Care Home) hereby makes the following findings as required by Section 17.04.050 of the Temeeula Municipal Code: A. The proposed use is compatible with the nature, character and use of the surrounding area. The proposal, a large family day care home, is consistent with the policies of the Temecula General Plan, as well as the development standards for the Paloma del Sol Specific Plan and City Development Code. B. The proposed use will not adversely affect adjacent residents or structures. Staff has determined that the large family day care home, as conditioned, will be compatible with adjacent uses in the surrounding area. The exterior portion of the R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution residence is not being changed and is compatible with the surrounding buildings. The project as proposed will not adversely affect the adjacent uses, buildings or structures. C. The nature and location of the proposed use will not be detrimental to the ealth, safety or welfare of the community and does not concentrate children in a dangerous location. The project proposes to establish a large family day care home within an existing single-family residence. It has been determined by staff that the subject property and existing onsite improvements will accommodate the proposed use. Moreover, the subject property is adequate in both size and shape to accommodate all necessary development features, including parking, prescribed in the Development Code. Section 3. Environmental Compliance. Pursuant to CEQA Guidelines Section 15274, Large Family Day Care Homes are not subject to CEQA provisions. Section 4. Conditions. That the City of Temecula Director of Planning hereby approves Planning Application Ne. PA03-0364 (Large Family Day Care Home) located at 43829 Calle Balmez, further known as APN: 959-341-033, subject to the conditions of approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference together with any other conditions that may be deemed necessary. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Director of Pl~of August 2003. , Don Ha~Pl~r I Adria Y. r,TroC4.~an, Secretary of the Temecula Director's Hearing, do hereby certify that DH Resolution No. 2003-018 was duly and regularly adopted by the Director of Planning of the City of Temecula at a regular meeting thereof held on the 21st day of August 2003. Adria '¢. M~O~a'~n, S(~cr(~tar~ R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution EXHIBIT A CONDITIONS OF APPROVAL R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution EXHIBIT A CITY OF TEMECULA CONDITIONS OF APPROVAL Planning Application No. PA03-0364 (Large Family Day Care Home Permit) Proposal: A project to establish and operate a Large Family Day Care Home facility within an existing 3,968 square foot single-family residence. Location: 43829 Calle Balmez Assessor's Parcel No.: 959-341-033 Approval Date: Expiration Date: August 21, 2003 August 21, 2005 PLANNING DEPARTMENT ~ Matthew Harris ~ (909) 694-6400 General Requirements The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. The applicant shall comply with all conditions of approval for Planning Application No. PA03-0364, unless superseded by these conditions of approval. All these conditions shall be complied with prior to initiation of the use allowed by this permit. 3. Hours of operation shall be between 6:00 am and 5:30 pm Monday-Friday. Failure to operate in compliance with these conditions may result in the revocation of this Large Family Day Care Home Permit pursuant to Section 17.03.080 of the City's Development Code. The permittee shall obtain City approval for any modifications or revisions to this Large Family Day Care Home Permit. R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution 10. 11. 12. 13. 14, The development of the premises shall substantially conform to the approved Exhibit "D" (Site Plan), and Exhibit "E" (Floor Plan) contained on file with the Community Development Department - Planning Division. The Large Family Day Care Home shall operate under a bona fide license from the State Department of Social Services and a Business License from the City of Temecula. Both licenses shall be provided to the Planning Department prior to activation of the Conditional Use Permit. The outdoor play area shall be maintained in the rear yard of the residence. The exterior gates into the play area shall be securely locked at all times. The use of public streets as play areas shall be strictly prohibited. A landscaped outdoor children's play area shall be establish in the rear yard of the residence. No special outdoor lighting shall be utilized in association with the day-care facility other than those customary to single-family residences. Children's outdoor play times shall be limited to the hours between 8:00 am and 7:00 pm. The applicant shall maintain one employee parking space on the north side of the existing driveway during business hours. The applicant shall ensure that persons dropping off or picking up children attending the facility shall, at all times, stop, stand, or park in a matter that conforms with all requirements of law, including, but not limited to, not blocking the driveway of any person except that of the day-care operator; not double parking; not parking in the driveway of any person other than the operator of the day-care facility; and not parking for extended periods of time beyond that necessary to drop off or pickup the children attending the facility. The applicant shall provide written notice of this condition to all persons responsible for the pickup and/or delivery of each child attending the facility and shall further require that each person provide their signature for the purposes of manifesting their acknowledgement of an agreement to conform to the terms of this condition. The applicant shall advise each person signing the notice that the person's failure to conform to the requirements can result in the cancellation of the day-care attendees' privilege to utilize the day-care facility. The applicant shall monitor, or cause to be monitored, on a daily basis, the conduct of all vehicles utilizing the day-care facility and shall take all necessary actions to cause all persons to conform to the requirements of this condition. R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution By placing my signature below, I confirm that I have read, I understand and I accept all the above-mentioned Conditions of Approval. I further understand that the property shall be maintained in conformance with these conditions of approval and that any changes I may wish to make to the project shall be subject to Community Development Department approval. Applicant Printed Name Applicants Signature R;Planning/MCUP/2003/03-0365 Hamzai Large Family Daycare/DH Resolution