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HomeMy WebLinkAbout16-23 PC Resolution PC RESOLUTION NO. 16-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA16-0503, A USE PERMIT FOR A LARGE FAMILY DAY CARE WITH A MAXIMUM OF FOURTEEN (14) CHILDREN, OPERATED BY ONE (1) FULL-TIME EMPLOYEE AND ONE (1) PART-TIME EMPLOYEE, MONDAY THRU FRIDAY FROM 7:30 A.M. TO 6:00 P.M., WITH DROP-OFF AND PICK-UP TIMES BETWEEN THE HOURS OF OPERATION FOR AN EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 41342 SALT RIVER COURT, AND MAKING A FINDING OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) (APN 953-130- 021) Section 1. Procedural Findings. The Planning Commission of the City of Temecula does hereby find, determine and declare that: A. On April 1, 2016, Heather Young filed Planning Application No. PA16- 0503 Large Family Day Care 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 Commission, at a regular meeting, considered the Application and environmental review on July 6, 2016, 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 Planning Commission hearing and after due consideration of the testimony, the Planning Commission approved Planning Application No. PA16-0503 subject to and based upon the findings set forth hereunder. E. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Further Findings. The Planning Commission, in approving the Application hereby finds, determines and declares that: 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 location is Low Medium (LM) residential. Day care facilities are allowed within this zone upon the XAPlanning\2016\PA16-0503 Large Family Daycare(You ng)\Planning\PC\PAi6-0503 PC Resolution.docx approval of a Large Family Day Care Use Permit. The Large Family Day Care 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 compatible with the nature, condition and development of the adjacent uses, buildings and structures and that the use will not adversely 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; 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 Planning Commission; The decision to conditionally approve the application for a large family childcare use permit is based on substantial evidence in view of the record as a whole before the Planning Commission. X:\Planning\2016\PA16-0503 Large Family Daycare(You ng)\Planning\PC\PA76-0503 PC Resolution.docx Section 3. Environmental Findings. The Planning Commission hereby makes the following environmental findings and determinations in connection with the approval of the Large Family Day Care Application: A. In accordance with the California Environmental Quality Act (CEQA), the proposed project has been deemed to be statutorily exempt from further environmental review (Section 15274(a), Family Day Care Homes); 1. As defined in Section 1596.78 of the Health and Safety Code, CEQA does not apply to the operation of a large family day care home for up to fourteen children. Section 4. Conditions. The Planning Commission of the City of Temecula approves Planning Application No. PA16-0503, subject to the Conditions of Approval set forth on Exhibit A, attached hereto, and incorporated herein by this reference. X:\Planning\2016\PA16-0503 Large Family Daycare(Young)\Planning\PC\PA16-0503 PC Resolution.dou Section 5. PASSED, APPROVED AND ADOPTED by the City of Temecula Planning Commission this 6th day of July, 2016. Ron Guerriero, Chairman ATTEST: e Watson Secretary [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss CITY OF TEMECULA ) I, Luke Watson, Secretary of the Temecula Planning Commission, do hereby certify that the forgoing PC Resolution No. 16-23 was duly and regularly adopted by the Planning Commission of the City of Temecula at a regular meeting thereof held on the 6th day of July, 2016, by the following vote: AYES: 3 PLANNING COMMISSIONERS: GUERRIERO, TELESIO, YOUMANS NOES: 2 PLANNING COMMISSIONERS: TURLEY-TREJO, WATTS ABSENT: 0 PLANNING COMMISSIONERS: NONE ABSTAIN: 0 PLANNING COMMISSIONERS: NONE Luke Watson Secretary X:\Planning\20161PA16-0503 Large Family Daycare(You ng)\Planning\PC\PAi6-0503 PC Resolution.docx EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA16-0503 Project Description: A use permit for a Large Family Day Care with a maximum of fourteen (14) children, operated by one (1) full-time employee and one (1) part-time employee, Monday thru Friday from 7:30 a.m. to 6:00 p.m., with drop-off and pick-up times between the hours of operation for an existing single-family residence located at 41342 Salt River Court. Assessor's Parcel No.: 953-130-021 MSHCP Category: N/A(no new square footage) DIF Category: N/A(no new square footage) TUMF Category: N/A(no new square footage) Quimby Category: N/A(no new square footage) Approval Date: July 06, 2016 Expiration Date: July 06, 2018 PLANNING DIVISION General Requirements 1. Indemnification of the Citv. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys 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. 2. Expiration. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. Use means 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, or use of a property in conformance with a Conditional Use Permit. 3. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 4. Signage Permits. A separate building permit shall be required for all signage (unless exempt under the Temecula Municipal Code or state law). 5. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 6. Graffiti. All graffiti shall be removed within 24 hours on telecommunication towers, equipment, walls, or other structures. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Statement of Operations. The applicant shall comply with their Statement of Operations dated March 31, 2016, on file with the Planning Division, unless superseded by these Conditions of Approval. 9. Parking & Loading/Unloading. 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. Two parking spaces shall be provided for client loading/unloading located on the driveway of the residence. 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. An additional space shall for loading & unloading shall be made available at the front of the home (when possible). 10. Noise. The applicant shall comply with Chapter 9.20 (Noise) of the Temecula Municipal Code. Additionally, the operation of the Large Family Day Care 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. 11. Hours of Operation. Hours of operation for the Large Family Day Care shall be 7:30 am to 6:00 p.m. FIRE PREVENTION General Requirements 12. Fire Extinguishers. 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) 13. Floor Plan Requirements. 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 14. Means Of Egress (Gates). Gates used as a component in a means of egress shall conform to the applicable requirements for doors. (CBC 1008.2) 15. Water Heater And/Or Furnace. 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) 16. Final Fire Conditions. Final fire and life safety conditions will be addressed prior to approval of the STD-850 form for the applicant 17. Floor Plan Submittal. 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 18. Intended Use. Provide a detailed letter identifying all intended use and operation of the facility and include all room locations in which the children will occupy 19. Business License. Provide a current copy of the city or county home occupancy business license/permit at the time of requesting a fire safety inspection 20. Addressing. 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) 21. Electrical Equipment. Electrical service equipment shall maintain clear space of 30-inches and shall be free of any hazardous electrical conditions 22. Manual Fire Alarm Pull Station. 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) 23. Required Submittals (Fire Alarm Systems). 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. 24. Smoke Alarms. Large family day care homes shall be equipped with State Fire Marshal approved and listed single station residential type smoke alarms. (CBC 445.3) 25. Smoke Alarm Locations. Locations of smoke alarms shall be: a. On ceilings or walls outside of each separate sleeping areas in the immediate vicinity of bedrooms. b. On ceilings or walls in each room used for sleeping purposes. c. On ceilings or walls in each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. d. On ceilings or walls in dwelling units with split levels and without an intervening door between 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. 26. Day Care Room Clearance. Rooms used for day care purposes shall not be located above the first story. (CBC 1015.7) 27. Self-Closing Doors. 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) 28. Exiting Requirements. 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-incjes in clear width and not less than 6-feet 8-inches in height. A manually operated horizontal sliding door may be sued as one the two required exits. (CBC 1015.7) 29. Means Of Egress. 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) 30. Path Of Egress. 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)