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HomeMy WebLinkAbout99_025 PC ResolutionPC RESOLUTION NO. 99-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TEMECULA APPROVING PLANNING APPLICATION NO. PA99- 0229 (MINOR CONDITIONAL USE PERMIT) TO PERMIT THE OPERATION OF A LARGE FAMILY DAY CARE HOME LOCATED AT 43047 CAMINO CASILLAS, SOUTH OF PAUBA ROAD, WEST OF VIA RAMI, WITHIN THE PALOMA DEL SOL SPECIFIC PLAN AND KNOWN AS ASSESSOR'S PARCEL NO. 955-203-005 WHEREAS, Sherry C. Evens filed Planning Application No. PA99-0229, in accordance with the City of Temecula General Plan and Development Code; WHEREAS, Planning Application No. PA99-0229 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 Planning Application No. PA99-0229, on August 4, 1999, at a duly noticed public headng 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 Commission headng and after due consideration of the testimony, the Commission approved Planning Application No. PA99-0229; NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TEMECULA DOES RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That the above recitations are true and correct and are hereby incorporated by reference. Section 2. Conditional Use Permit Findin,qs. The Temecula Planning Commission, in approving Planning Application No. PA9-0229 (Minor Conditional Use Permit) hereby makes the following findings as required by Section 17.04.010. E of the Temecula Municipal'Code: A. The proposed conditional use is exempt from municipal zoning in accordance with State Law. However, the proposed conditional use complies with the requirements of the Development Code. B. The proposed conditional use is compatible with the nature, condition, and development of adjacent uses, buildings, and structures and the proposed conditional use will not adversely affect the adjacent uses, buildings, or structures. The proposed Large Family Day Care Home is conditioned to operate under a bona fide license from the Department of Public Social Services and under the conditions of approval for the project in order to be compatible with residential uses in the area. C. The site for a proposed conditional 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 this Development Code and required by the Planning Commission in order to integrate the use with other uses in the neighborhood. D. The nature of the proposed conditional use is not detrimental to the health, safety and general welfare of the community. The project is conditioned to provide an outdoor play area in the rear of the property, properly fenced and landscaped. R:~STAFFRP'r~229pa99.PC.doc 6 E. The decision to approve or conditionally approve the application for a conditional use permit is based on substantial evidence in view of the record as a whole before the Planning Commission at the time of their decision. Section 3. Environmental Compliance. Section 15274 of the California Environmental Quality Act Guidelines indicates that CEQA does not apply to the establishment or operation of a large family day cam home as defined in Section 1596.78 of the California Health and Safety Code. Section 4. Conditions. That the City of Temecula Planning Commission hereby conditionally approves Planning Application No. PA99-0229 (Minor Conditional Use Permit) to permit the operation of a Large Family Day Care Home at 43047 Camino Casillas and known as Assessor's Parcel No. 955-203-005, and subject to the project specific conditions set forth on Exhibit A (Conditions of Approval), attached hereto, and incorporated herein by this reference. Section 5. PASSED, APPROVED AND ADOPTED this 4th day of August, 1999. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Temecula at its regular meeting thereof, held on the 4th day of August, 1999 by the following vote of the Commission: AYES: 4 NOES: 1 ABSENT: 0 PLANNING COMMISSIONERS: FAHEY, GUERRIERO, MATHEWSON, NAGGAR PLANNING COMMISSIONERS: WEBSTER Debbie Ubnoske, Secretary F:~D EPTS~P LA N NING\STAFF R PT,229pag9.PC.doc 7