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HomeMy WebLinkAbout12-001 DH Resolution � DH RESOLUTION NO. 12-01 A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA11-0271, A LARGE FAMILY DAYCARE USE PERMIT TO EXPAND A SMALL - LICENSED FAMILY CHILDCARE TO A LARGE FAMILY CHILDCARE TO'OPERATE BETWEEN THE HOURS OF 5 A.M. AND 5:30 P.�M. LOCATED AT 32742 CAMPO DRIVE. - (APN 955-473-007) Section 1. Procedural Findings. The Planning Director of the City of Temecula does hereby find, determine and declare that: A. On October 26, 2011, Stephanie HatField filed Planning Application No. PA11-0271, a Large Family Daycare Use Permit Application, in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. The Planning Director, at a regular meeting, considered the Application and environmental review on January 12, 2012 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. D. At the conclusion of the Director's Hearing and after due consideration of the testimony, the Planning Director approved Planning Application No. PA11-0271 subject to Conditions of Approval, after finding that the project proposed in Planning Application No. PA11-0271 conformed to the City of Temecula's General Plan and Development Code. Section 2. Further Findings. The Planning Director, in approving Planning Application No. PA11-0271 hereby makes the following findings as required by the City of Temecula Development Code Section 17.04.010.E. A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City; The General Plan land use designation for the proposed use location is Low Medium (LM) residential. Daycare facilities are allowed within this zone upon the approval of a Large Family Daycare Use Permit. The large family daycare will occupy a residential unit that currently houses a small licensed daycare facility. No alterations to the exterior of the daycare facility are proposed. B. The proposed use is compatible with the nature, condition and � development of the adjacent uses, buildings and structures and the proposed use will not adversely affect the adjacent uses, buildings or structures; The project has been reviewed and conditioned by Public Works, Planning, Building and Safety, Fire, and the Police Department to ensure it is compatib/e with the nafure, condition and development of the adjacent uses, buildings and structures and that the use will not adverse/y affect adjacent uses, buildings or structures. Furthermore, adequate on-site loading/unloading and employee parking exists consistent with the requirements of the development code and potential noise issues that could have resulted from the project have been successfully mitigated through Conditions of Approval that will require the daycare to designate periods of time for which the children may participate in outdoor activities. , C. The site for the proposed use is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, buffer areas, landscaping, and other development features prescribed in the Development Code and required by the Planning Commission or City Council in order to integrate the use with other uses in the neighborhood; The use will be located within a Low-Medium Residential area and no eacternal modifications are proposed. Staff has verified that the site for the proposed use is adequate in size and shape to accommodate the increased number of children that the daycare will incur as a result of the proposed expansion and that the p/ay area is adequately fenced. Per the City Municipal Code, the daycare is required to designate two covered residential spaces, one employee parking space and two loading spaces. The daycare does exceed the above requirement by providing three covered residential spaces, one employee parking space and two driveway loading spaces. D. The nature of the proposed use is not detrimental to the health, safety and general welfare of the community; The use has been reviewed and conditioned by Public Works, Building and Safety, Fire, Police, and Planning Department to ensure it will not be detrimental to the health, safety, and general welfare of the community. The use will occur within a single-family residential building that provides the necessary facilities to ensure the protection of the health, safety and general welfare of the community. E. That the decision to approve, conditionally approve, or deny the application for a large family daycare use permit be based on substantial evidence in view of the record as a whole before the Director of Planning; The decision to conditionally approve the application for a large family childcare use permit is based on subsfantial evidence in view of the record as a who/e before the Director of Planning. Section 3. Environmental Findings. The Planning Director hereby makes the following environmental findings and determinations in connection with the approval of the Large Family Daycare Use Permit Application: A. In accordance with the California Environmentai Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15301, Class 1 Existing Facilities); The projecf qualifies for the Existing Facilifies exemption under CEQA Section 15301, Class 1 Existing Facilities. The large family childcare will be located in an existing single family home. No modi�cations to the sfructure are proposed. Section 4. Conditions. The .Planning Director of the City of Temecula approves Planning Application No. FA11-0271, a large family childcare use permit located at 32742 Campo Drive, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Director this 12th day of January, 2012 Patrick Richardson, Director of Planning and Redevelopment I, Cynthia Lariccia, Secretary of the Temecula Director's Hearing, do hereby certify that the forgoing DH Resolution No. 12-01 was duly and regularly adopted by the Planning Director of the City of Temecula at a regular meeting thereof held on the 12th day of January, 2012. Cynthia La ' ia, Secretary EXHIBIT A FINAL CONDITIONS OF APPROVAL EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA11-0271 Project Description: A Large Family Daycare Use Permit to expand a small licensed family childcare to a large family childcare to operate Monday through Friday between the hours of 5:00 a.m. and 5:30 p.m. located at 32742 Campo Drive Assessor's Parcel No.: 955-473-007 MSHCP Category: N/A (no new construction) DIF Category: N/A (no new construction) TUMF Category: N/A (no new construction) Quimby Category: N/A (no new construction) Approval Date: January 12, 2012 Expiration Date: January 12, 2014 PLANNING DEPARTMENT � General Requirements PL-1. 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. PL-2. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL-3. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL-4. The Planning Director may, upon an application being filed prior to expiration, and � for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL-5. The development of the premises shall substantially conform to the approved site plan on file with the Planning Department. PL-6. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL-7. The applicant shall comply with their Statement of Operations dated October 26, 2011 on file with the Planning Department, unless superseded by these Conditions of Approval. PL-8. This Large Family Daycare Use Permit may _ be revoked pursuant to Section 17.03.080 of the City's Development Code. _ PL-9. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Large Family Daycare Use Permit (including the Conditions of Approval) based on changed circumstances. , Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in-lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL-10. The hours of operation for this Large Family Daycare shall be no earlier than 5:00 a.m. and shall not operate passed 5:30 p.m. PL-11. Outside activity time for the children shall not begin prior to 8:00 a.m. nor go beyond 5:00 p.m. and is limited to the rear yard of the daycare facility. PL-12. The operation of the large family day care home shall comply with all applicable noise regulations of this code or the general plan. The use of amplified music which can be heard from a public right-of-way or neighboring property is prohibited during the large family day care home's hours of operation. PL-13. In addition to the parking otherwise required for a single-family home, two parking spaces shall be provided for client loading/unloading located on the driveway of the residential. Furthermore, one parking space shall be provided for an employee or any nonresident person involved in the operation of the daycare facility. 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. PL-14. The applicant will be required to keep two garage spaces clear for the parking of vehicles and shall utilize these spaces for the parking of vehicles (Added by the Director of Planning at the January 12, 2012 Director's Hearing). FIRE PREVENTION General Requirements F-1. Final fire and life safety conditions will be addressed prior to approval of the STD- 850 form for the applicant. F-2. Floor plan shall be submitted to the Temecula Fire Prevention Bureau Office for review and approval along with the STD-850 form. These drawings need to be submitted at least two weeks prior to requesting an inspection. F-3. The plans must include the building address, occupancy classification of large family day care, and the location of smoke detectors, fire alarms, exit doors and gates. Clearly indicate the exit doors and gate location on the plans and include dimensions of exit widths. Show the direction of swing for the exit doors and gate on plans. Clearly indicate the locations of smoke detectors and fire alarms on the plans. Clearly include all room locations in which the children will occupy. F-4. Provide a detailed letter identifying all intended use and operation of the facility and include all room locations in which the children will occupy. F-5. Provide a current copy of the City or County home occupancy business license/permit at the time of requesting a fire safety inspection. F-6. Address numbers shall be posted on the building and shall be visible from the street. Said numbers shall contrast with their background. In no case shall the numbers be less than 4 inches in height (CFC 505.1) F-7. Electrical service equipment shall maintain clear space of 30 inches and shall be free of any hazardous electrical conditions. F-8. Every large family day care home shall be provided with at least one manual fire � alarm device at a location approved by the Temecula Fire Prevention Bureau. Such device shall actuate a fire alarm signal which shall be audible throughout the facility at a minimum level of 15-db above ambient noise level. These devices need not be interconnected to any other fire alarm device, have a control panel or be electrically supervised or provided with emergency power. Such device or devices shall be attached to the structure (CFC 907.2.6.4). � F-9. A manual fire alarm device and a fire alarm signal device consist of a fire alarm pull box (pull station) and an audible device (bell/horn). A fire alarm permit is required for these devices by the Temecula Fire Prevention Bureau prior to final of the STD- 850 form. Three sets of plans shall be submitted to the Temecula Fire Prevention Bureau for review and approval. Plans shall be designed by a C-10 licensed contractor. F-10. Large family day care homes shall be equipped with State Fire Marshal approved and listed single station residential type smoke alarms. (CBC 445.3) F-11. Locations of smoke alarms shall be: • On ceilings or walls outside of each separate sleeping areas in the immediate vicinity of bedrooms. • On ceilings or walls in each room used for sleeping purposes. • On ceilings or walls in each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. • On ceilings or walls in dwelling units with split levels and without an intervening door befinreen the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. F-12. Large and small family day care homes shall be equipped with a portable fire extinguisher having a minimum 2-A10-B:C rating. They shall be mounted no higher than 5 feet above finished floor and must be serviced on an yearly basis (CBC 445.4). F-13. Rooms used for day care purposes shall not be located above the first story (CBC 1015.7). F-14. Interior swinging garage doors, shall close from the full-open position and latch automatically. The door closer shall exert enough force to close and latch from any partially opened position (CBC 406.1.4). F-15. Every story or basement of a large family day care home shall be provided with two exits which are remotely located from each other. Every required exit shall be of a size to permit the installation of a door not less than 32 inches in clear width and not less than 6 feet 8 inches in height. A manually operated horizontal sliding door may be used as one the two required exits (GBC 1015.7). F-16. Egress doors shall be readily openable from the egress side without the use of a key or special knowledge or effort (CBC 1008.1.8). F-17. Exits shall not pass through kitchens, garages, storerooms, or closets and shall not pass through more than one intervening room (CBC 425.8.3.4). F-18. Gates used as a component in a means of egress shall conform to the applicable requirements for doors (CBC 1008.2). F-19. Every un-enclosed gas-fired water heater or furnace which is within the area used for child care in a large family day care home shall be protected in such a way as to prevent children from making contact with those appliances. This does not apply to kitchen stoves or ovens (CBC 445.7). POLICE DEPARTMENT General Requirements PD-1. The consumption of alcoholic beverages is prohibited at the facility during normal business hours or when client children are present. PD-2. Applicant will comply with all applicable laws, regulations or ordinances pertaining to a daycare facility. PD-3. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 506-5132.