HomeMy WebLinkAbout18-25 PC ResolutionPC RESOLUTION NO. 18-25
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TEMECULA APPROVING PLANNING
APPLICATION NO. PA18-0714, A USE PERMIT FOR A
LARGE FAMILY DAY CARE WITH A MAXIMUM OF
FOURTEEN (14) CHILDREN WITHIN AN EXISTING
SINGLE-FAMILY RESIDENCE AT 43506 SAVONA STREET
THAT CURRENTLY OPERATES A SMALL FAMILY DAY
CARE, AND MAKING A FINDING OF EXEMPTION UNDER
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(CEQA) (APN 959-281-029)
Section 1. Procedural Findings. The Planning Commission of the City of
Temecula does hereby find, determine and declare that:
A. On May 15, 2018, Maria Lozano filed Planning Application No. PA18-0714
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. In compliance with State law, a Notice of Intent to approve the Application
was sent to property owners located within 100 feet of the proposed large family day care
home. A neighboring property owner requested a hearing on the Application.
D. The Planning Commission, at a regular meeting, considered the Application
and environmental review on October 3, 2018, 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.
E. At the conclusion of the Planning Commission hearing and after due
consideration of the testimony, the Planning Commission approved Planning Application
No. PA18-0714 subject to and based upon the findings set forth hereunder.
F. All legal preconditions to the adoption of the Resolution have occurred.
Section 2. 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 3. Conditions. The Planning Commission of the City of Temecula
approves Planning Application No. PA18-0714, subject to the Conditions of Approval set
forth on Exhibit A, attached hereto, and incorporated herein by this reference.
Section 4. PASSED, APPROVED AND ADOPTED by the City of Temecula
Planning Commission this 3rd day of October, 2018. _
Yo44ians, Chairman
ATTEST:
Luke 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. 18-25 was duly and regularly adopted by the
Planning Commission of the City of Temecula at a regular meeting thereof held on the
3rd day of October, 2018, by the following vote:
AYES: 5 PLANNING COMMISSIONERS: Guerriero, Telesio, Turley-Trejo,
Youmans, Watts
NOES: 0 PLANNING COMMISSIONERS
ABSENT: 0 PLANNING COMMISSIONERS
ABSTAIN: 0 PLANNING COMMISSIONERS
None
None
None
C�a
Luke Watson
Secretary
EXHIBIT A
CITY OF TEMECULA
FINAL CONDITIONS OF APPROVAL
Planning Application No.: PA18-0714
Project Description: Learning Torch Day Care: 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 through Friday from 9:00 a.m. to
12:00 p.m., with extended hours until 2:00 p.m. when requested by parents.
The day care facility is located within an existing single-family residence at
43506 Savona St. that currently operates a small family day care.
Assessor's Parcel No.:
MSHCP Category:
DIF Category:
TUMF Category:
Quimby Category:
New Street In -lieu of Fee:
Approval Date:
Expiration Date:
PLANNING DIVISION
959-281-029
N/A (no new square footage)
N/A (no new square footage)
N/A (no new square footage)
N/A (no new square footage)
N/A (project not located in Uptown Temecula Specific Plan area)
October 3, 2018
October 3, 2020
Within 48 Hours of the Approval
Filing Notice of Exemption. The applicant/developer shall deliver to the Planning Division a
cashier's check or money order made payable to the County Clerk in the amount of Fifty Dollars
($50.00) for the County administrative fee, to enable the City to file the Notice of Exemption as
provided under Public Resources Code Section 21152 and California Code of Regulations
Section 15062. If within said 48-hour period the applicant/ developer has not delivered to the
Planning Division the check as required above, the approval for the project granted shall be
void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)).
General Requirements
2. Indemnification of the City. 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.
3. 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 utilization contemplated by this
approval.
4. 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.
5. Signage Permits. A separate building permit shall be required for all signage.
6. Modifications or Revisions. The permittee shall obtain City approval for any modifications or
revisions to the approval of this project.
7. Statement of Operations. The applicant shall comply with their Statement of Operations dated
August 27, 2018 on file with the Planning Division, unless a conflict exists between the
Statement of Operations and these Conditions of Approval, in which case the Conditions of
Approval control.
8. Compliance with Development Code. The large family day care shall comply with the
requirements of Development Code Section 17.06.050.1.
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. Hours of Operation. Hours of operation for the Large Family Day Care shall be 9:00 a.m. to
12:00 p.m. Monday through Friday with extended hours until 2:00 p.m. when requested by
parents.
11. 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.
BUILDING AND SAFETY DIVISION
General Requirements
12. General. Electrical permit required for power source, for Fire Department pull station and bell.
FIRE PREVENTION
General Requirements
13. 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 a yearly basis. (CBC 445.4)
14. 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
15. 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)
16. 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)
17. Final Fire Conditions. Final fire and life safety conditions will be addressed prior to approval of
the STD-850 form for the applicant
18. 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
19. 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
20. 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
21. 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)
22, Electrical Equipment. Electrical service equipment shall maintain clear space of 30-inches and
shall be free of any hazardous electrical conditions
23. 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)
24. 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). Afire 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.
25. 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)
26. 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.
27. Day Care Room Clearance. Rooms used for day care purposes shall not be located above the
first story. (CBC 1015.7)
28. 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)
29. 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)
30. 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)
31. 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)