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HomeMy WebLinkAbout2013-02 RESOLUTION NO. 2013- 02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF GRAND TERRACE APPROVING CONDITIONAL USE PERMIT 12-06 TO OPERATE A LARGE FAMILY DAY CARE AT 12125 PALM COURT (APN 1178-021-27) WHEREAS, Yadira Romo ("Applicant"), represented by Louie Romo, submitted an application to operate a large family day care from an existing single family residence ("Project"). The site is zoned R1-7.2, Single Family Residential and has a General Plan land use designation of Low Density Residential. WHEREAS, the Applicant, would provide large family day care for up to 14 children with certain restrictions as mandated by the California Department of Social Services. „ WHEREAS, the Project is categorically exempt from the California Environmental Quality Act (CEQA) Guidelines, pursuant to Section 15301, which exempts negligible expansion of an existing use. WHEREAS, on January 24, 2013, the Planning Commission conducted a duly noticed public hearing on Project at the Grand Terrace Council Chambers located at - 22795 Barton Road, Grand Terrace, California 92313 and concluded the hearing on said date. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Grand Terrace: 1. The Planning Commission hereby finds that the Project is categorically exempt pursuant to Section 15301 from the provisions of the California Environmental Quality Act (CEQA), because the existing single family residence will continued to be used and occupied as residence with the operation of a large family day care, incidental and accessory to the residence resulting in a negligible expansion of the existing use. The Notice of Exemption prepared in connection with the Project has been reviewed and considered and reflects the independent judgment of the Planning Commission, and is hereby adopted. 2. The Planning Commission finds as follows with respect Conditional Use Permit 12- 06: a. The proposed use will not be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working within the neighborhood of the proposed project or within the city because the Page 1 of 4 applicant will be required to meet local and state mandates regulating the operation of a large family day care. b. The proposed use will not be injurious to property or improvements in the neighborhood or within the City because the Project is consistent with the intended land uses. No aspect of the Project precludes or hinders the continued use of surrounding properties. C. The proposed Project is consistent with ,the General Plan. It is consistent with the intended land uses of the Low Density Residential designation which is intended for single family detached residential units subject to applicable General Plan policies and Zoning Code provisions. d. The proposed Project is consistent with the Zoning Code. It is consistent with R1-7.1, Single Family Residential District, which conditionally permits large family day care uses. e. Conditions necessary to secure the purposes of Chapter 18.83 (Conditional Use Permit) are made a part of the conditional use permit. BE IT FURTHER RESOLVED that Conditional Use Permit 12-06 is hereby approved subject to the following conditions: 1. Conditional Use Permit 12-06 is approved to operate a licensed large,family day care within a 2,144 square foot single family residence located at 12125 Palm Court. 2. This approval shall expire twelve (12) months from the date of adoption of this resolution unless the use has been inaugurated or a time extension has been granted by the City, in accordance with Chapter 18.63 of the Zoning Code. Time extensions shall be filed at least sixty (60) days prior to the expiration date. 3. The applicant shall defend, indemnify, and hold harmless the City of Grand Terrace and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Grand Terrace, its officers, employees, or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Grand Terrace concerning this project, including but not limited to any approval or condition of approval of the Planning Commission, or Community and Economic Development Director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 4. Upon approval of these conditions and prior to becoming final and binding, the h applicant must sign and return an "Acceptance of Conditions" form. The form Page 2 of 4 and content shall be prepared by the Community and Economic Development Department. 5. The large family day care home shall be and remain clearly incidental and secondary to the use of the property for residential purposes. 6. The large family day care home provider shall reside in the residence. 7. The applicant shall obtain the requisite inspections and clearances from San Bernardino County Fire, prior to commencement of large family day care activities. 8. The applicant shall comply with all requirements of the 2010 California Building Code, including, but not limited to those requirements relating to smoke alarms, fire extinguishers, fire alarm devices, and exiting requirements. 9. Evidence of state licensing inspections and approvals shall be provided prior to a final inspection by the City. 10. Rooms used for day care purposes shall not be located above the first floor level. 11. No signs advertising the day care business shall be allowed. L 12. The residence shall not be altered, furnished or decorated for the purpose of conducting the day care use in such manner as to change the residential character and appearance of the dwelling. 13. Drop off and pick up activities shall be permitted on the driveway, or directly in front of the residence, and shall not conflict with adjoining residences. 14. One off-street parking space per employee shall be provided. The driveway approach is acceptable so long as it does not conflict with drop off and pick up activities. 15. The provisions of the City's Noise Ordinance shall be complied with. i Page 3 of 4 - PASSED AND ADOPTED by the Planning Commission of the City of Grand Terrace, f% California, at a special meeting held on the 24t" day of January, 2013. AYES: 4 - Chairman. Wilson, Commissioners Comstock, Kongtang,Stephens NOES: U ABSENT: 1 - Commissioner Bailes ABSTAIN: 0 ATTEST: Tracey Nkrtinef Doug Wilson City Clerk : Chairman, Planning Commission Page 4 of 4