HomeMy WebLinkAbout04_026 DH Resolution
DH RESOLUTION NO. 2004-026
A RESOLUTION OF THE PLANNING DIRECTOR OF THE CITY
OF TEMECULA APPROVING PLANNING APPLICATION NO.
PA04-0293, TO ESTABLISH AND OPERATE A LARGE FAMILY
DAY CARE HOME FACILITY FOR UP TO FOURTEEN
CHILDREN WITHIN AN EXISTING SINGLE-FAMILY
RESIDENCE LOCATED AT 43008 CORTE CABRERA, ALSO
KNOWN AS ASSESSOR PARCEL NO. 955-203-037.
WHEREAS, Maria Johnson filed Planning Application No. PA04-0293, in a manner in
accord with the City of Temecula General Plan, Paloma del Sol Specific Plan and Development
Code;
WHEREAS, Planning Application No. PA04-0293 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. PA04-0293 on August 19, 2004, 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. PA04-
0293 subject to the conditions after finding that the project proposed in Planning Application No.
PA04-0293 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. Findinas. The Planning Director, in approving Planning Application No.
PA04-0293 (Large Family Day Care Home Facility) hereby makes the following findings as
required by Section 17.04.050.E of the Temecula Municipal Code:
A. The proposed use is compatible with the nature, character and use of the
surrounding area.
The proposed Large Family Day Care Home Facility 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 and is therefore considered to be
compatible with the nature, character and use of the surrounding area.
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B.
The proposed use will not adversely affect adjacent residents or structures.
The Planning Director 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 residence is not being changed and is compatible with the
surrounding buildings. As proposed, the project 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
health, 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 Facility within an
existing single-family residence. The Planning Director has reviewed the proposed
project and has determined that the subject property and existing onsite improvements
will accommodate the proposed use. Furthermore, 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 No.PA04-0293 (a Minor Conditional Use Permit for a Large
Family Day Care Home Facility) located at 43008 Corte Cabrera, also known as A.P.N. 955-
203-037, 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 Planning this 19th day of August 2004.
I Adria McClanahan, Secretary of the Temecula Director's Hearing, do hereby certify that
DH Resolution No. 2004-026 was duly and regularly adopted by the Director of Planning of the
City of T emecula at a regular meeting thereof held on the 19th day of August 2004.
~~~~ . ~ \\~~
Adria Y. McÒÌàl1ahan, Secretary ,
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EXHIBIT A
CONDITIONS OF APPROVAL
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EXHIBIT A
CITY OF TEMECULA
CONDITIONS OF APPROVAL
Planning Application No. PA04-0293
Proposal:
A Minor Conditional Use Permit to establish and
operate a Large Family Day Care Home Facility within
an existing single-family residence.
Location:
43008 Corte Cabrera
Assessor's Parcel No.:
955-203-037
Approval Date:
August 19, 2004
August 19, 2006
Expiration Date:
PLANNING DEPARTMENT
General Requirements
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.
2.
This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's
Development Code.
3.
This approval shall be used within two (2) years of the approval date; otherwise, it shall
become null and void. By use is meant the beginning of substantial utilization
contemplated by this approval.
4.
The applicant shall comply with all conditions of approval for Planning Application No.
PA04-0293, unless superseded by these conditions of approval. All these conditions
shall be complied with prior to initiation of the use allowed by this permit.
Hours of operation shall be between 6:00 am and 6:00 pm Monday-Friday.
5.
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6.
7.
8.
9.
10.
11.
12.
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.
The development of the premises shall substantially conform to the approved Exhibit "B"
(Site Plan), and Exhibits "D1" and "D2" (Outdoor Play Equipment) contained on file with
the Planning Department prior to utilization of this permit.
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.
The outdoor play area shall be maintained in the rear yard of the residence. The use of
public streets as play areas shall be strictly prohibited.
The landscaped outdoor children's play area shall be maintained 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.
13.
Children's outdoor play times shall be limited to the hours between 8:00 am and 6:00
pm.
14.
The applicant shall maintain one employee parking space on the northeast side of the
existing driveway during business hours.
An encroachment permit shall be applied for prior to widening the driveway for the
required employee parking space.
15.
16.
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 manner 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.
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17.
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.
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 Planning Department approval.
Applicant's Signature
Date
Applicant's Printed Name
Date
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