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HomeMy WebLinkAbout04 LFD 08-008fTEM #4 Report to the Planning Commission DATE: SEPTEMBER 23, 2008 TUST [ N SUBJECT: LARGE FAMILY DAY CARE PERMIT (LFD) 08-008 APPLICANT: MARIELA BERRIOS MARIELA BERRIOS DAY CARE 14481 PINEBROOK DRIVE TUSTIN, CA 92780 PROPERTY OWNER: JOSE MARTINEZ 440 SOUTH PACIFIC STREET TUSTIN, CA 92780 LOCATION: 14481 PINEBROOK DRIVE ZONING: SINGLE-FAMILY RESIDENTIAL (R-1) GENERAL PLAN: LOW DENSITY RESIDENTIAL ENVIRONMENTAL STATUS: PURSUANT TO HSC SECTION 1597.46(b), A LARGE FAMILY DAYCARE HOME SHALL NOT BE SUBJECT TO THE PROVISIONS OF DIVISION 13 (COMMENCING WITH SECTION 21000) OF THE PUBLIC RESOURCES CODE [CALIFORNIA ENVIRONMENTAL QUALITY ACT] REQUEST: AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAY CARE HOME AT AN EXISTING SINGLE FAMILY RESIDENCE, CARING FOR UP TO FOURTEEN (14) CHILDREN LFD 08-008 September 23, 2008 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4100 approving Large Family Day Care Permit 08-008, authorizing the establishment of a large family day care home caring for up to fourteen (14) children in an existing single-family residence located at 14481 Pinebrvok Drive. BACKGROUND The applicant is requesting approval to establish a large family day care caring for up to fourteen (14) children at an existing single-family residence located within the Single- Family Residential (R-1) zoning district (Attachment A -Location Map). Currently a small family day care home, caring for up to eight (8) children, is licensed by Community Care Licensing to operate at the residence. Pursuant to Health and Safety Code (HSC) Section 1597.45, small family day care homes are considered a residential use for the purposes of all local ordinances. Therefore no additional zoning restrictions or business license may be imposed. Per Tustin City Code Section 9223a6, large family day care homes are a permitted use in the Single-Family Residential (R-1) zoning district, subject to certain regulations. A formal application for a large family day care facility is required to be submitted to the Community Development Department for homes caring for eight ($) to fourteen (14) children. LFD 08-008 September 23, 2008 Page 3 Health and Safety Code and Tustin City Code Section 1596 et seq. of the California Health and Safety Code (HSC) governs Family Day Care Homes with respect to zoning. The California State Legislature has found and declared that: Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned properties and do not fundamentally alter the nature of the underlying residential uses. Family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees or equipment. (HSC 1597.43) As a result, HSC Section 1597.46 disallows a city from prohibiting large family day care homes on lots zoned for single-family dwellings. As an alternative, the city may either: 1) Classify these homes as a permitted use of residential property for zoning purposes; 2) Grant a nondiscretionary permit to use a lot zoned for asingle-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes; or, - 3) Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. The use permit shall be granted if the large family day care home complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes. With respect to the City of Tustin, the Tustin City Code allows for large family day care homes under the third option described above and adopted standards contained in TCC Section 9223a6. As prescribed, Section 1597.46(a)(3) of the Health and Safety Code and Tustin City Code Section 9223.a.6 require notification of all property owners within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day care home. The purpose of this notification is to allow property owners and/or other affected parties within the immediate proximity to comment and/or request a public hearing. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected persons. On August 1, 2008, a notice of the proposed large family day care home was mailed to property owners within a one hundred (100) foot radius of the property. However, the original notice contained a typographical error regarding the address of the property. Therefore, a revised notice was mailed to the same list of property owners on August 5, 200$, referencing the error and the correct address of the subject property. The notice specified that, pursuant to HSC 1597.46.(2), the item would be considered by the Zoning Administrator on August 25, 2008, unless a request for a public hearing before the Planning Commission was received in writing by August LFD 08-008 September 23, 2008 Page 4 15, 2008. On August 15, 2008, two (2) letters, from Craig and Elizabeth Oberlin and from Toby B. Moore, were received requesting a public hearing before the Planning Commission (Attachment E -Submitted Correspondence). Public concerns are outlined in further detail under section "Public Input" below. DISCUSSION Site and Surroundings The property is improved with an existing single-story, single-family home with atwo-car garage. The project site is located at the end of a cul-de-sac on Pinebrook Drive in the Single-Family Residential (R-1) zoning district. The property is surrounded by other single family residences to the north, south, and east; the property is bounded by Walnut Avenue at the west. W.R. Nelson School is located on the east side of Browning Avenue from the property. Children have access to the play room, dining room, kitchen, one (1) designated bathroom, and two of the three bedrooms, as designated by the applicant on the submitted plans (Attachment C). The applicant has indicated that the day care would operate as follows (Attachment C - Submitted Plans): • The proposed hours of operation would be from 6:00 a.m. to 7:30 p.m.; LFD 08-00$ September 23, 2008 Page 5 Parents drop off and pick up children at different times throughout the morning and afternoon; Some children may be from the same family or walk to and from the site, thus drop-off and pick-up spaces needed for the day care may be fewer than fourteen (14) vehicles and would probably not occur at the same time; One (1) non-resident is employed by the facility, does not own a car, and commutes to the site by bus. Zoning and Building Code Requirements Tustin City Code Section 9233a6 lists large family day care homes as a permitted use in the Single-Family Residential (R-1) zoning district, subject to certain regulations. The section is cited below, with an explanation as to how the proposed project meets the code requirement: TCC 9223a6(a): Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator; address of the home; and a list of property owners within a 100 foot radius of the exterior property boundary of the proposed day care home. Proposed Project: The applicant has provided the required information as part of the application. TCC 9223a6(b): Large family day care homes shall be operated in a manner not exceeding the noise level in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall by design, location, and layout avoid any potential noise which may constitute a nuisance to neighboring properties. Proposed Project: The Tustin Noise Ordinance limits all residential properties to an exterior noise standard of 55d6(A) between the hours of 7:00 a.m. - 10:00 p.m. and 50 dB(A) between 10:00 p.m. - 7:00 a.m. Proposed Condition 3.9 requires the applicant to comply with the Tustin Noise Ordinance at all times. Additionally, the rear yard of the residence is directly adjacent to Walnut Avenue, a primary arterial street; therefore, the noise produced by the children in the rear yard is not expected to exceed the noise produced on the adjacent roadway. TCC 9223a6(c): A permit shall not be granted for a large day care home that would be established within 300 feet of the exterior property boundaries of any existing licensed large family day care home. Proposed Project: Staff has verified, based on a list of current licensed large family day care homes provided by the Department of Social Services, Orange County Child Care Office, that there are no other large family day care homes licensed within three hundred (300) feet of the proposed site. ~F~ o8-oos September 23, 2008 Page 6 TCC 9223a6(d): All property owners within a 100 foot radius of the exterior property boundary of a proposed large family day care home, as shown on the last equalized County assessment roll, shall be notified of the intent to establish such a home. Proposed Project: An official notice was mailed to all property owners within the 100 foot radius on August 1, 2008. However, the original notice contained a typographical error of the address ofi the property. Therefiore, a revised official notice was mailed to the same list of property owners on August 5, 2008, with the corrected information. TCC 9223a6(e): No hearing on the application for a permit shall be held by the Planning Commission unless a hearing is requested by the applicant or a property owner within a 100 foot radius of the exterior boundary of the proposed home. If no hearing is requested, the permit shall be granted if the large family day care home complies with the provisions of this Code. Proposed Project: The official notice that was sent to the applicant and property owners within the 100 foot radius on August 5, 2008, stated that the Zoning Administrator would consider the item on August 25, 2008, unless a request for a public hearing was made in writing and received by the Community Development Department by 4:00 p.m. on August 15, 2008. Two (2) letters requesting a hearing before the Planning Commission were received at the City on August 15, 2008. Therefore, the meeting before the Zoning Administrator was cancelled and the item was scheduled for the next available hearing before the Planning Commission. TCC 9223a6(t): Any day care home must comply with all regulations adopted and enforced by the State Fire Marshal and Orange County Fire Department. Proposed Project: The Orange County Fire Authority has indicated that the agency will review the subject Large Family Day Care permit application as part of fire clearance for the Community Care Licensing process. Proposed Condition 3.8 requires the applicant to comply with all applicable state and local codes. TCC 9223a6(g): The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. Proposed Project: The side and rear yard of the property is enclosed by wooden fencing and block wall that are at least 6'-0" in height, as shown on the submitted plans. However, upon inspection of the property, it was noted that the fence along the west side of the property needs to be repaired. Following the inspection, a Code Enforcement notice was sent to require the fence to be repaired immediately. Proposed Condition 3.10 also will require the property owner to maintain the fence on the property in good condition at all times. TCC 9223a6(h): The Planning Commission shall not grant a permit for a large family day care home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. LFD 08-008 September 23, 2008 Page 7 Proposed Project,- No pool or spa currently exists on the subject property and Proposed Condition 3.11 has been included to ensure that no pool or spa may be constructed or installed as long as a large family day care use exists at the property. TCC 9223a6(i): Any day care home must comply with the provisions of the State Uniform Building Code and City of Tustin Building requirements which apply to single family residences. Proposed Project: The proposed project has been reviewed and two (2) site visits have been conducted by City of Tustin Building Division staff and the existing structure appears to be substantially in compliance with the code in effect at the time of construction. TCC 9223a6(j): Any large day home must provide one (1) off-street parking space for each employee who is not a resident of the premises, and provide adequate drop-off and/or pick-up facilities on-site or immediately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of children. Proposed Project: The applicant has indicated that the facility currently employs one (1) non-resident employee who commutes to the site by bus, and therefore does not require a designated parking space. However, Proposed Condition 3.2 requires that if needed, one parking space on the driveway of the property shall remain open and available for use for the outside employee. The remaining space on the driveway shall be available for the dropping off and picking up of children. TCC 9223a6(k): An applicant for a large family day care home shall be licensed or deemed to be exempt from licensure by the State of California as a large family day care home. Proposed Project: Proposed Condition 3.7 would require the applicant to obtain and maintain a valid large family day care home license from the State of California and provide proof of such to the Community Development Department. At the time that the large family day care use is discontinued, the applicant shall notify the Community Development Department in writing. TCC 9223a6(1): Nothing contained in the provisions of this amendment shall preclude the revocation for cause of any permit granted for a large family day care home following proceedings conducted by the Planning Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. (Ord. No. 911, Sec. 3, 5-21-84; Ord. No. 991, Sec. 2, 8-3-87) Proposed Project: Proposed Condition 1.8 would allow review by the City if deemed necessary to ensure all conditions are complied with. Proposed Condition 3.13 allows for the project to be brought before the Planning Commission if the large family day care is not operated in compliance with local ordinances and conditions imposed. LFD 08-008 September 23, 2008 Page 8 Parking The applicant has indicated that the facility currently employs one (1) non-resident employee who commutes to the site by bus, and therefore does not require a designated parking space. However, in the event that the employee were to commute to the site in her own vehicle, or if a different employee were to be hired who commuted to the site in his or her own vehicle, a designated parking space would be needed. Proposed Condition 3.2 requires that if needed, one space on the driveway of the property shall remain open and available for use for the outside employee and that the remainder of the driveway shall remain open for the dropping off and picking up of children. Proposed Condition 3.5 also requires the residents of the property to park their personal vehicles within the existing two-car garage. Traffic In addition to the drop-off and pick-up schedule submitted by the applicant, proposed Condition 3.6 also requires drop-off and pick-up times of the children to be staggered by at least ten (10) minutes, to avoid multiple cars and pick-up/drop-off activity at any one given time. Not all 14 children are expected to arrive at the same time, as the applicant has indicated that some are from the same family and therefore come together, some live nearby and walk to the subject property, and some are picked up or dropped off by the applicant herself, therefore reducing the total number of trips for the facility. HSC Section 1597.46 states "the permit shall be granted if the large family day home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning ... traffic control," not traffic impacts. Proposed Condition 3.12 requires the applicant to ensure that the day care operation complies with the California Vehicle Code and all local traffic control ordinances and posted traffic control devices. Noise Section 1597.46 of the Health and Safety Code states that any noise standards shall be consistent with local noise ordinances implementing the noise element of the General Plan and shall take into consideration the noise levels generated by children. The Tustin City Noise Ordinance limits exterior noise levels in residential areas between 7:00 a.m. and 10:00 p.m. to 55 dB(A). The potential increase in noise caused by eight (8) to fourteen (14) children is anticipated to be minimal. However, proposed Condition 3.9 would require the applicant to comply with the Noise Ordinance at all times. Environmental Review Pursuant to HSC Section 1597.46(b), a large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code [California Environmental Quality Act]. Therefore, Section 15274 of the Guidelines LFD 08-008 September 23, 2008 Page 9 for the California Environmental Quality Act (CEQA) lists Family Day Care Homes as a statutory exemption. Public Input An official public notice was sent to all property owners within a 100 foot radius of the subject property regarding the proposed project. In response, City staff received several phone calls/visits from neighbors inquiring about the project and voicing their apposition to the proposed large family day care. Additionally, four (4) pieces of written correspondence were received by the City (Attachment E -Submitted Correspondence). Two (2) of those letters requested a public hearing. The concerns expressed in these letters all express the neighbors' dissatisfaction over the impact that the proposed large family day care home will have on traffic, circulation, noise, and parking. However, as discussed earlier, state law prohibits local governments from denying large family daycare on lots zoned for single-family dwellings. Staff has explained to concerned parties that the City may only regulate the homes with regards to four (4) issues: 1) spacing and concentration, 2) traffic control, 3) parking, and 4) noise control related to such homes. Since the proposed project, as conditioned, does comply with reasonable local standards relating to the four listed criteria, state law maintains that the City shall grant the permit. Additionally, since family day care homes are exempt from CEQA, no further environmental analysis related to alleged traffic, noise, circulation and parking, as identified in the public comments, should be considered by the City prior to considering the project. The applicant has structured the large family day care operation to mitigate potential concerns with the proposed project. For example, two site inspections have been conducted to verify whether or not the proposed facility meets the requirements of the Tustin Zoning Code and California Building Code, and to ensure that the residents' two (2) vehicles can be parked inside the home's garage; revised plans have been submitted outlining the areas for parking of private vehicles and for dropping off and picking up of the children; and a schedule of the current children's arrival and departure times staggered by at least ten (10) minutes each has been produced by the applicant (Attachment C -Submitted Plans). The project has been conditioned to ensure the continued compliance with the identified mitigation measures for the successful operation of a large family day care home to provide an identified service need without jeopardizing the health, safety, or welfare of the surrounding neighborhood. Should the operation fail to meet these conditions, Section 9233a6(I) permits the "revocation for cause of any permit granted for a large family day care home, following proceedings conducted by the Planning Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties." ANALYSIS It is staff's understanding that state law precludes the City of Tustin from denying any large family day care use that complies with local ordinances. The proposed large family day care use does comply with Tustin City Code requirements and as conditioned, will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons LFD 08-008 September 23, 2008 Page 10 residing or working in the neighborhood or be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. That the State of California Health and Safety Code Section 1597.43 states family day care homes operated under the standards of the state law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. 2. That the large family day care home complies with the intent of the State Legislature as stated within the Health and Safety Code which states, "family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development." Also, except as specifically provided for in the Health and Safety Code, any restrictions related to the use of single-family residences for family day care homes for the care of children are prohibited in accordance with Section 1597.40(a). 3. The proposed large family day care use, as conditioned, would not be detrimental to, or have a negative effect on surrounding properties. In that, the proposed use is consistent with the large family day care regulations in Section 9223 (a)(6) of the Tustin City Code, as follows: a) The proposed large family day care use, as conditioned, would be subject to maintaining an ambient noise level in accordance with the City of Tustin's Noise Ordinance and, therefore, the use would not have a negative effect on the surrounding properties. b) No other legally established large family day care homes exist within three hundred (300) feet of the subject property. c) The play yard area is enclosed with an existing minimum six (6) foot high fence. d) No swimming pool or spa currently exists on the site, and none shall be constructed as long as a large family day care is operating at the property. e) The subject property has been inspected by Building Division staff and the existing structure appears to be substantially in compliance with the building code in effect at the time of construction. f) As conditioned, one (1) space on the driveway of the property shall remain open and available for parking use of an employee who does not reside at the premises, if needed. LFD 08-008 September 23, 2008 Page 11 g) As conditioned, a minimum of one (1) space on the driveway of the property shall be provided for the drop off and pick up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. In addition, implementation of staggered drop-off/pick-up times for clients will ensure sufficient loading area for children and prevent an overconcentration of vehicles at the site. h) The existing small family day care use at 14481 Pinebrook Drive has been licensed by the State of California. The proposed large family day care use, as conditioned, meets the local zoning requirements and would be subject to additional licensing and inspections by the State of California Department of Social Services. If at any time in the future the City is made aware and concurs that the large family day care is not operated in compliance with local ordinances and conditions imposed, the project may be brought before the Planning Commission for potential revocation proceedings to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. CONCLUSION Again, pursuant to Section 1597.46 of the California Health and Safety Code, a local agency may not deny an application for a large family day care business proposed within a lot zoned for single family dwellings. However, "reasonable" conditions could be placed upon the approval of a permit to ensure compatibility with the surrounding uses. The proposed project, as conditioned, appears to be in compliance with state and local laws regarding the operation of large family day care facilities. Therefore, staff recommends that the Planning Commission adopt Resolution No. 4100 approving Large Family Day Care 08-008 as conditioned (Attachment F). ~~~Gn.~l ~~.~~~ Reins Kapadia Associate Planner Elizabeth A. Binsack Community Development Director Attachments: A. Location Map B. Land Use Application Fact Sheet C. Submitted Plans D. Health and Safety Code Section 1596 et seq. E. Submitted Correspondence F. Resolution No. 4100 S:ICdd\PCREPORT120081LFD 08-008.doc Attachment A Location Map LOCATION MAP PROJECT NO.: LFD 08-008 ADDRESS: 14481 PINEBROOK DRIVE LARGE FAMILY DAYCARE k, e ~ ; ~ •f~,` t H~q ~ ' ~ ¢ ~' •~ncrt n. E°`B . 1 Jig ~• uwn „ • ~ •E` x• r~' kt ~~~4 y`~'y~w. ':~ 4P Jab aa~'~ ~#7i 'g ~•~ *_ `.. J~ ter, r1. .~ Y~'. •~b ~ ~ ^`~ti `' ow..•~ a •=s, 'r• tl.u .+9``',~o. ~ '1C w ~~ ~y ~ao° 4e:r'' a~ ''~' r •~~• h•,~' e*~ ciinun~ w.• ss•®Y ~s ~, > y' . ~ a, ,~ls°y ,y cW~~ a .., ~., 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ 1 ~ Attachment B Land Use Application Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): LARGE FAMILY DAY CARE PERMIT (LFD) 08-008 2. LOCATION: NEAR WALNUT/BROWNING 3. ADDRESS: 14481 Pinebrook Drive 4. LOT: 8 TRACT: 6633 5. APN(S): 432-302-22 6. PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: none 7. SURROUNDING LAND USES: NORTH: Single Family Residential (R-1) SOUTH: Walnut Avenue EAST: Single Family Residential (R-1) WEST: Single Family Residential (R-12 8. SURROUNDING ZONING DESIGNATION: 9. 10. NORTH: R-1 (Single Family Residential SOUTH: PC-RES (Planned Community EAST: Immediate: R-1 (Single Family Residential) Residential WEST: R-1 (Single Family Residential); Across Browning: P&I (Pub-ic & Institutional) SURROUNDING GENERAL PLAN DESIGNATION: NORTH: Low Density Residential EAST: Immediate: Low Density Residential Across Browning: Public/Institutional SITE LAND USE: A. EXISTING: Single Family Residence SOUTH: Across Walnut: PC Residential WEST: Low Density Residential B. GENERAL PLAN: Low Density Residential C. ZONING: Single Family Residential (R-1) PROPOSED: Single Family Residence with Large Family Day Care PROPOSED GP: No change PROPOSED ZONING: No change DEVELOPMENT FACTS: 11. NUMBER OF CHILDREN: 14 MAX. PERMITTED 14 PROPOSED 12. LARGE FAMILY DAY CARE HOMES LICENSED WITHIN 300' RADIUS: 0 PERMITTED 13. PLAY YARD ENCLOSURE: 14. SWIMMING POOL: 15. PARKING: OPROPOSED MIN. 6'H FENCE REQUIRED (E) 6'H FENCE PROPOSED NONE ALLOWED NONE PROPOSED 1 OFF-STREET SPACE PER OUTSIDE EMPLOYEE REQUIRED 1 SPACE PROVIDED 16. OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) NONE S:\CddlReinalCUP1CUP 08-008 Large Family Daycare PinebrooklLAND USE APPLICATION FACT SHEET.doc Attachment C Submitted Plans m u i d- z 0 0 i' o ~: _ ~ ~~~ ~t -- pl 6 ~ _ a.,nr...b~ ~ ~ --- 9~ 1' ~ a s .r ~ ~1~ n S a °~1 t ~ ' i~! 1 ~~~ z s '~ - 1 ~ I `I a2 1 \~ 1, ,~ i- 11 '' 'I~ ~~ ~~ . C p ~ ~ n ^l! ~ ~ V C ~E ~ b i ~.__s~_ ~~ v ~ ~o a P I V jb -----~' 1, I ~ y O ~i / ,. ..- ~~' ~8 s e ~` ~_- a c~ t~ e^ O W H ~°~ CON O oma ~W~F ~r? W~~ ~~ ~~ N m ~, s a n m 4 o = 0 W a 0 Ck: `l ~-I ~ ~ A t ~. a a ~ E ~ ~ = c~ • ' ~ ee 3 , ~ ~~ O O ~' `J 1 ~~~s 0 r~) ; ,~ ~ ® ~ ~ oe ~ °s <~ ~ 3 ~, C) s 8 W o ~ a p 1- _ _ ~ ~" S ~ ~ ~ OTC '~ Q!G mdF ~~~ W_ ~' dS ~ 4N N ~i ~ s o n MARIELA'S DAY CARE 14481 PINEBROOK DRIVE; TUSTIN, CA 92780 714 368-51 G7 MOBILE: 714 338-9229 HOURS OF OPERATION: MONDAY THRU FRIDAY 6:OOAM TO 7:30. P+M PRESENTLY LICENCED TO HAVE LTP TO MAXIMUM OF 8 CHILDREN. THE FOLLOWING IS A SUMMARY OF ARRIVAL AND DEPARTURE OF ALL THE CHILDREN. FIRST CHILD AGE 13, ARRNES AT G:OOAM AND LEAVES AT 7:OOAM. HIS FATHER BRINGS HIM BY CAR AND THE CHILD LEAVES AN HOUR LATER TO GO TO SCHOOL, WITH NO PICKUP. CHILD WALKS TO SCHOOL. SECOND CHILD AGE 6, ARRIVES AT 7:OOAM AND DEPARTS AT 3:15PM MONDAY THRU FRIDAY. CHILD'S MOTHER DROPS HER OFF BY CAR AND PICKS HER UP BY CAR. THIRD CHLLD AGE 3, ARRIVES AT 7:40AM AND DEPARTS AT 1:OOPM ONLY TWICE A WEEK. PARENTS BRING THE CHILD WITHOUT USE OF CAR. THEY LNE A SNORT DISTANCE AND WALK TO DAYCARE. FOURTH AND FiFTFI CHILDREN AGES 9 AND 12, ARRIVE AT 3:15PM AND DEPART AT 6:30PM, MONDAY THRU FRIDAY, THEY ARE A BROTHER AND SISTER WHOM ARE BROUGHT TOGETHER BY CAR. SIXTH AND SEVENTH CHILDREN AGES 8 AND 9, ARRNE AT 3:30PM AND DEPART AT 6:OOPM MONDAY THRU FRIDAY. PARENTS BRING THEM AND PICK EM UP BY CAR. EIGTH, NINTH, AND TENTH CHILDREN ARRNE AT 3:45PM AND DEPART AT 7:30PM. THESE CHILDREN ARE PICKED UP BY ME AND TAKEN HOME BY ME. PARENTS USE NO VEHICLE. MY DAUGHTER AGE 4, IS CONSIDERED AS ONE OF MY 8 CI-IILDREN. PLEASE NOTE: THERE ARE NEVER MORE THAN S CHILDREN INCLUDING BY OWN CHILD AT ANY GNEN TIME DURIIrIG HOURS OF OPERATION PER MY .LICENSE REQUIREMENTS. THE NUMBER OF RESIDENT AND NON-RESIDENT EMPLOYEES ARE; RESIDENT: MARIELA BERRIOS (DAYCARE PROVIDER) RAFAEL BERRIOS (HUSBAND) ~.:~ ~- . ~ ~ _ ~ ~ F n.. N.. CARMEN VALERiA BERRIOS (DAUGHTER) ~t r r=te-' `~~y per- p-- f y, L~' ~/ u ~ 4 V ~[1 EMPLOYEE: CECILIA VELASQUEZ (NON-RESIDENT). CON116iUNpt}~ O~E~VtLOpMEIVT aq ~ MARIELA ~ERRI®S DAYCARE (.~r -- *Employe will be Gaming in the bus. Drive way will be use for dropin and pick up only . I attach a picture the garage & drive way. E~E~~IED ~A~ o ~ ~oo~ ~O~IMIINITY DEVELOPM~N~ ~~ ~~.~ Attachment D Health and Safety Code Section 1596 et seq. htiseellnneuus Plnnrring-Relrererl Lmvs (d) Nothing in this chapter shall authorize the imposition of rent regulations or controls for licensed residential care facilities. (e) Licensed residential care facilities shall not be subject to controls on not imposed by any state or local agency or other local government or entity. (Added by .Slats. !99O, C,h. 1333; Amended by Stats. 1991, Ch. $32.) 1569.85. Zoning preemption Whether or nut unrelated persons are living together, a residential care Iacility for the elderly which serves six or fewer persons shall be considered a residential use of property Ibr the. purposes of• this article. In addition, the residents and operators ofihe facility shall be considered a (anti ly tier the purposes of any law or zoning ordinance which relates to the residential use of property pursuant to this article. ['or the purpose of all local ordinances, a residential care facility tax the elderly which serves six or fewer persons shall not be included within the definition of a boarding house, rooming house, institution or home for the care of the aged, guest home, rest home, sanitarium, mental hygiene home, or other similar term which implies that the residential care facility for the elderly is a business run Por profit or diners in any other way from a lamily dwelling. This section shall not be construed to lorbid a-ty city, county, or other local publ is entity from placing restrictions on building heights, setback, lot dimensions, or placement of signs of a residential care facility for the elderly which serves six or I:ewer persons as long as the restrictions are identical to those applied to other family dwellings of the same type in the same zone. This section shall not be construed to forbid the application to a residential care facility for the elderly of any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction ol'a local public entity i f the ordinance does not distinguish residential care facilities for the elderly which serve six or lever persons from other family dwellings of the same type in the same zone: and if the ordinance does not distinguish residents ofthe residential care facilities for the elderly from persons who reside in other family dwellings of the same type in the same zone. No conditional use permit zoning variance, or other zoning clearance shall be required ofa residential care facility fbr the elderly which senses six or fewer persons which is not required of a family dwelling ol'the same type in the same zone. Use of a family dwelling for purposes of a residential care facility forthe elderly serving si?: or fewer persons shall not constitute a change of occupancy for purposes of Part l.5 (commencing with Section 17910) of llivision 13 or local building codes. However, nothing in this section is intended to supersede Section 13143 or 13143.G, to the extent these sections are applicable to residential care facilities for the elderly providing care for six or fewer residents. for the purposes of this section, "family dwelling," includes, but is not limited tc7, single-family dwel lings, units in multifamily dwellings, including units in duplexes and units in apartment dwellings, mobilehomes, including mobilehomes located in mobilehome parks, units in woperatives, units in eondominiums, units in townhouses, and units in planned unit developments. (Added by Slats. 1986, C{z. 8=14; :Intended by Slats. 19$7, Ch. 1092.) FAMILY DAY CARE HOMES ZONING 159G.70. Title This chapter and Chapters 3.5 (commencing with Section 159(,.90) and 3.6 (commencing with 1597.30) may be cited as the California Child Day Care facilities Act. (,fclded by Stals. 19$4, C/z. 161; :tmencled by .Slal.s, 19$5• Ch. 1064.) l59G.71. Applicability This chapter applies to Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.3()). Phis chapter also applies to Chapter 3.65 (commencing with Section 1597.70). (Added by Slcrls. 19$4, Ch. 1615.) 159G.72. Legislative intent The Legislature finds all of the following: (a) That child day care facilities can contribute positively to a child's emotional, cognitive, and educational development. (b) That it is the intent of this state to provide a comprehensive, quality system for licensing child day care facilities to ensure a quality day care environment. (c) That this system of licensure requires a special understanding ofthe unique characteristics and needs ofthe children served by child day care 1'acililies. (d) That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child day care t•acilities from those facility types administered under Chapter 3 (commencing with Section 15110). (e) Thai goad gllilllty child day care services are an essential ser•vicc for working parents. (Added by Stcrts. l9$4, Clz. lr5/.i; dmezzded by Stcrts. 19$J, Ch. lOfi4.) 2(1(17 Planning, 7.oning, and Development Laws • 319 Aliscel8rneuus Nlnrming-Related Lnws 1596,73. Purpose T'he purposes of this act are to: (a) Streamline the administration ol'child care licensing and thereby increase the efficiency and effectiveness of this system. (b) Encourage the development of licensing staff with knowledge and understanding of children and child care needs. (cj Provide providers of child care with technical assistance about licensing requirements. (d) L'nhance consumer awareness of licensing requirements and the benelits of licensed child care. (e) Recognize that affordable, quality licensed child care is critical to the well-being of parents and children in this state. (.9dded by Spats. 1984, C,1-. 1 <,15; Amended by ,Stats. 1985, C'h. lOG4.) 1596.74. Detinitious Unless the context otherwise requires, the definitions contained in this chapter govern the constwction of this chapter and Chapters 3.5 (commencing with Section 1596.90) and 3.6 (commencing with Section 1597.30), (Added Gv Stats. 195.1, C'h. IGlb.) 1596.7_5, Child "Child" means a person who is under~l8 years of age who is being provided care and supervision in a child day care facility, except where otherwise specified in this act. (added by, Slats. 1984, C'h. 16/5.) 1596.750. Child day care facility "Child day care facility" means a facility that provides nonmedical care to children under l8 years of cage in need o£personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. Child day care facility includes day care centers, employer-sponsored child care centers, and family day care homes. (:9dcted by Stats. /984, Ch. 1Gl~, :4mertded by S'tats. 199.1, C'h. 69(1. ) 1596.76. Day care center '`Day care center'' means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers. (,=1 clded by Stats. ! 48.1, C'h. 1615; Amended by Slats. 2002, C'h. 1032.) 159b.77. Department "Department" means the State Department of Social Services. (Added by .SYat,c. 1984, C'h. 1 G 15.) 1596.770. Director "Director" means the Director of Social Services. (:4ddc~d by Stctts. 1984, Clz 161 ~.) 1596.771. Employer-sponsored child care center "Employer-sponsored child care center" means any child day care facility aC the employer's site of business operated directly or through a provider contract by any person or entity having one or more employees, and available exclusively For the care of children of that employer, and of the olf icers. managers, and employees of that employer. (Added by Stars. 1994, Ch. 690.) 1596.773. Probation; Revocation (a) ``Probation" means the period of time that a licensed child day care facility is required to comply with specific terms and conditions set forth by the department in order to stay or postpone the revocation of the facility's license. (b) "Revocation" means an administrative action taken by the department to void or rescind the license of a child day Bare facility because of serious or chronic violations of licensin, laws or regulations by the facility. (Added by Slats. 2004, Ch. 3~8.) 1596.775. Findings 'fhe Legislature finds and declares all of the following: (a) ']'here is a severe shortage of child care fir school age children throughout Califonua, with many school age children going home to an empty, unsupervised setting atcer school. (b) For nearly five years several counties have participated in a pilot program that allows for a family day care home to care for two additional children above the current number allowed pursuant to licensing regulations. (~) As part ol'the pilot program, a study was conducted by the Assembly Ot~7ce of Research. The results ofthe study demonstrated that the pilot program sclueved all of the following results: (I) Increased access to care fi>r school age children. (2) Participating providers encountered few problems and strongly support expansion of the program. (3) Parents of children in the pilot program family day care homes strongly support the program. (4}Participating providers with additional children were no mare likely to receive substantiated complaints from licensing officials than nonparticipants, (5) Local governments and planning officials saw little or no impact on their licensing policies and procedures. (6) Overall quality of care was not adversely affected. (.-l dded by S'tats. 1 >46, C'h. 18.) 1.596.78. Family day care home (aj `'Family day care home" means a home that regularly provides care, protection, and supervision t~~r 14 or fewer 320 + 2W7 Planning, Zoning, and Development Laws Mlsc'el&nrevus Plruming-Relnted Lrnvs children, in the provider's own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family day care home or a small family day care home. (bj "Large family day care home" means a hvme that provides family day care for 7 tv 14 children, inclusive, including children under the age of l0 years who reside at the home, as set forth in Section t 597.465 and as defined in regulations. (c) "Small Family day care home" means a hvme that provides Family day care for eight ur Fewer children, including children under the age of IO years who reside at the home, as set fvri:h in Section 1597.44 and as defined in regulations. (Added by Slats. 198.1, Ch. 1615; ,9merrded by .Slats. 1989, Ch. 70; 159b.79. Person "Person" means an individual, partnership, association, corporation, limited liability company, yr governmental entity, such as the state, a county, city, special district, school district, cvmmunity college district, chartered city, or chartered city and county. (Added by Slats. 1984. Ch. 1015; Amended by Slats. 1985, C'h. 1064; Arrrcnded by Stats. 1994, C1:. 1010.) 159b.79a. Planning agency '`Planning agency" means the agency designated pursuant tin Section Ci5100 of the Government Code. (Added by Stats. 198x, CY:. IC>15.) 159b.791. Provider "Provider" means a person who operates adlild day care Facility and is licensed pursuant to Chapter 3.5 (commencing with Section 1596.90) or 3.6 (commencing with Section 1597.30). (.9dded by Stats. 195.1, Ch. 1615.) 1596.792. Inapplicability This chapter, Chapter 3.5 (commencing with Section 1596.90) and Chapter 3.6 (commencing with Section i597.30j do not apply to any of the fvllawing: (a) Any health facility, as defined by Section 1250. (b) Any clinic, as defined by Section 1202. (c) Any cvmmunity care facility, as defined by Section 1502. (d)Any family day care home providing care lorthe chil- dren oi'vnly one family in addition to the operator's own children. (e) Any cooperative arrangement between parents for the care of their children when no payment is involved and the arrangement meets all of the following conditions: (1 j In a cooperative arrangement, parents shall combine their efforts so that each parent, or set of parents, rotates as the responsible caregiver with respect to all the cluldre^ in the cvoperative. (2)Any person caring forchildren shall bea parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sib- ling of at least one of the children in the cooperative. (3)'There can he no payment of money or receipt of in- kind income in exchange for the provision of care. This dyes not prohibit in-kind contributions of snacks, games, toys, blan- kets fvr napping, pillows, and other materials parents deem appropriate for their children. IL is not the intent oFthis para- graph to prohibit payment for outside activities, the a t of which may not exceed the actual cost ol•the activity. (4) Nu more than 12 children are receiving care in the same place at the same time. (f) Any arrangement for the receiving and care of chil- dren by a relative. (g) Any public recreation program. "Public recreation program" means a program vperated by the state, city, county, special district, school district, cvmmunity college district, chartered city, or chartered city and county Thal meets either of the following criteria: (1) The program is operated only during hours other than normal school hours fur kindergarten and grades t to 12, inclusive, in the public schvol district where the program is located, or operated only during perivds when students in kindergarten and grades 1 to 12, inclusive, are normalcy not im session in the public schovl district where the program is located, for either of the following perivds: (A) For under l6 hours per week. (B) For a total of 12 weeks yr less during a 12-month period. This total applies to any 12 weeks within any 12- month period, without regard to whether the weeks are con- secutive. In determining '`normal school hours" or periods when students are "normally not in session," the State Department of Social Services shall, when appropriate, consider the nor- mal school hours or periods when students are normally not in session for students attending ayear-round schovl. (2) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is vperated during either of the fvl- lowingperivds: (A} For under 16 hours per week. (B) For a total ol• l2 weeks or less during a l2-month period. This total applies to any 12 weeks within any 12- month period, without regard to whether the weeks are con- secutive. (3) The program is provided to chi ldren under the age of four years and nine months with sessions that run 12 hours per week or less and are 12 weeks or less in duration. A pro- 2D07 Planning, 'Coning, and Ucvclopment Laws • 32l A9iscellrrr:eoes P/ruir~irrg-Relaierl Lmus gram subject to this paragraph may permit children to be enrolled in consecutive sessions tln•oughout the year. How- ever, the program shall nut permit children io be enrolled in a combination of sessions that total more than 12 hours per week for each child. (h) Extended day care programs operated by public or private schools. (i)Any school parenting program or adult education child care program that satisfies both of the following: (1 y Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (2) Is not operated by an organization specified in Sec- tion 159(.793. (•j jAny child day care program that operates only one day per week for no more than !•our hours on that one day. (k)Any child day care program that otiets temporary child care services to parents and that satisfies both of the follow- ing: (t j The services are only provided to parents and guard- ianswho are on the same premises as the site of the child day care program. (2) The child day care program is not operated on the site oi`a ski facility, shopping mall, department store, or any other similar site identified by the department by regulation. (1)Any program that provides activities for children ofan instructional nature in a classroom-like setting and satisfies both ot•the following: (l) Is operated only during periods of the year when stu- dents in kindergarten and grades I to 12, inclusive, are nor- mally not in session in the public school district where the program is located due to regularly scheduled vacations. (2) Offers any number of sessions during the period speci- fied in paragraph (1) that when added together do not exceed a total of30 days when only schoolage children are enrolled in the program or 15 days when children younger than schoolage are enrolled in the program. (m) A program facility administered by the Department of Corrections that (1) houses both women and their chil- dren, and (2) is specifically designated for the purpose of providing substance abuse treatment and maintaining and strengthening the family unit pursuant to Chapter 4 (atm- mencingwith Section 3410) ofTitle 2 of Part 3 of the Penal Code, or Chapter 4.8 (cummencittg with Section l l74) ui'' Title 7 of Part 2 of that code. (n) Any crisis nursery, as detiued in subdivision (a) oi' Section 1516. (o) This section shall remain in effect only until January I, 2008, and as oi'that date is repealed, unless a later enacted statute, that is enacted before .lanuary I, 2008, deletes or extends that date. 1596.792. Inapplicability "Chic chapter, Chapter 3.5 (commencing with Section 159G911) and Chapter 3.G (commencing with Section 1597.30) do not apply to any of the following: (a} Any health facility, as detined by Section 1250. (b) Any clinic, as detined by Section 1202. (c) Any community care facility, as defined by Section 1502. (d) Any family day care home providing care for the chil- dren of only one family in addition to the operator's own children. (e j Any cooperative arrangement between parents for the care ol• their children when no payment is involved and the arrangement meets all ol'the following conditions: (:1'} In a cooperative arrangement, parents shall combine their eit'orts so Thal each parent, or set of parents, rotates as the responsible caregiver with respect to all the children in the cooperative. (2) Any person caring for children shall be a parent, legal guardian, stepparent, grandparent, aunt, uncle, or adult sib- ling of at least one of the children in the cooperative. (3 j There can be no payment of money or receipt of in- kindincome inexchange for the provision ofcare. This does not prohibit in-kind contributions of•snacks, games, toys, blan- kets for napping. pillows. and other materials parents deem appropriate Ibr their children. It is not the intent ofthis para- graph to prohibit payment for outside activities, the amount of which may not exceed the actual cost of the activity. (4j No more than 12 children are receiving care in the same place at the same time. (t) Any arrangement for the receiving and care of chil- dren by a relative. (g) Any public recreation program. "Public recreation program" means a program operated by the state, city, county, special district, school district, community college district, chartered city, or chartered city and county that meets either ofthe following criteria: (I )The program is operated only during hours other than normal schcwl hours for kindergarten and grades l to 12, inclusive, in the public school district where the program is located, or operated only during periods when students in kindergarten and grades I to 12, inclusive, are normally not in session in the public school district where the program is located, for either of the following periods: (A) For under 16 hours per week. (I3) For a Total of 12 weeks or less during a 12-month period. This total applies to any 12 weeks within any 12- month period, without regard to whether the weeks are con- secutive. [n determining ``normal school hours" or periirds when students are "normally not in session," the State De- partment ofSocial Services shall, when appropriate, consider 322 + 211117 Planning,Loning, and Development Laws hliscellrrncous Ptrrnning-kelrrted Lrnas the normal school hours or periods when students are nor- mally not in session for students attending ayear-round school. (2) The program is provided to children who are over the age of four years and nine months and not yet enrolled in school and the program is operated during either ofthe fol- lowingperiods: (A) Far under 16 hours per week. (Bj For a total of l2 weeks or less during a 12-month period. "Phis total applies to any 12 weeks within any l2- month period, without regard to whether the weeks are con- secutive. (3) The program is provided to children under the age of four years and nine months with sessions that run 12 how•s per week or less and are 12 weeks or less in duration. A pro- gram subject to this paragraph may permit children to he enrolled in consecutive sessions throughout the year. How- ever, the program shall not permit children to be enrolled in a combination of sessions that total more than 12 hours per week for each child. (hj Extended day care programs operated by public or private schoaLy. (i) Any school parenting program or adult education child care program that satisfies both of the following: (1) Is operated by a public school district or operated by an individual or organization pursuant to a contract with a public school district. (2) is not operated by an organization specified in Sec- tion 1596.793. (j) Any child day care program that operates only one day per week tix• no more than tinrr hours on [hat one day. (k) Any child day care program that offers temporary child care services to parents and that satisfies both of the fi~llow- ing: (1) The services are only prorvided to parents and guard- ianswho are on the same premises as the site ofthe child day care program. (Z) The child day care program is not operated on the site of a ski facility, shopping mall, department stye, or any other similar site identitied by the department by regulation. (I) Any program that provides activities for children ofan instructional nature in a classroom-like setting and Batistes both of the following: (1) Is operated only during periods of the year when stu- dents in kindergarten and grades l to 12, inclusive, are nor- mally not in session in the public school district where the program is located due to regularly scheduled vacations. (2) Offers any numberofsessii>ns dw•ingthe period speci- fied inparagraph (1) that when added together do not exceed a total of30 days when only schoalage children are enrolled in the program or IS days when children younger than schoolage are enrolled in the program. (m) A program facility administered by the Department of Corrections that (1) houses both women and their chil- dren, and (?) is specifically designated for the purpose of providing substance abuse treatment and maintaining and strengthening the family unit pursuant to Chapter 4 (com- mencingwith Section 34117) ofTitle 2 of Part 3 ol'the Penal Code, or Chapter 4.8 (commencing with Section 1174] of Title 7 of Part 2 of that code. (n) This section shall become operative on January L ?008. (.fdded by Stets. 1984, Ch. IG1~; .Amended by Stets. 1985, Ch. 1(764; Amended by Scats. 1987, Ch. 1=187; :4rnended by Stats•. 1990, Ch. 388; :Amended ley Scats. 1991, C'h. 3l G; Anreraded by SYcrts. 1992, Ch. 625, ,Amended by .Scats. 1993, Ch. 280; ,Amended by SJcrt,c. 1995, Ch. 372,, :Amended hyStats. 1997, Cat. 94?; .<lmendecl hy,Stals. 2004, Ch. 6.14, Section 5 takes effect January 1, 20(18; Amended by Stets. 20(15, Ch. 22.) 1596.7925. (Repealed by section language, .January t 2nn1.) 1596.793. Exemption of specific recreation programs This chapter and Chapters 3.5 (commencing with Section 1591.90) and 3.6 (commencing with Section 1597.30) do not apply to recreation programs conducted tier children by the Girl Scouts, Boy Scouts, Boys Club, Girls Club, or Camp Fire, or similar organizations as determined by regulations of the department. Child day care programs conducted by these organizations and the fees charged for that specific purpose are subject to the requirements of this chapter, Chapter 3.5 (commencing with Section 159(,.90), and Chapter 3.6 (commencing with Section 1597.30). (:-added by Scats. 1985, Ch. 1110; Amended by Stcrts. 1986, Ch. 71 •!. ) 1596.795. No smoking ordinance (a) `the smoking of tobacco in a private residence that is licensed as a family day care home shall be prohibited during the hours of operation as a family day care home and in those areas ofthe family day care home where children are present. Nothing in this section shall prohibit a city or county From enacting or enforcing an ordinance relating to smoking in a family day care home it the ordinance is more stringent than this section. (b) "I'he smoking oftobacco on the premises ofa licensed day care center shall be prohibited. (.Acldecl by Stets. 1986, Clz. -107; .~9 mended by Spats. 1993, Cl:. 335.) 1597.40. Policy (a) It is the intent of the Legislature that family day care homes for children should he situated in normal residential surroundings so as to give children the home environment 20117 Planning, 7.onin~, and 1?evelopment Laws • 323 MiscellmTeous Nlrrnning-Itelnted Lmvs which is conducive to healthy and safe development. It is the public policy of this state to provide children in a family day care home the same home environment as provided in a traditional home setting. "The Legislature declares this policy to he of statewide concern with the purpose of occupying the field to the erdusion of municipal zoning, building and fire codes and regulations governing the use or occupancy of family day care homes for children, except as specifically provided for in this chapter, and to prohibit any restricaions relating to the use ot'single-family residences for family day care homes Ior children except as provided by this chapter. (b) Every provision in a written instrument entered into relating to real property which purports to lorbid or restrict the conveyance, encumbrance, leasing, or mortgaging ofthe rea- property for use or occupancy as a lam i ly day care home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c) Except as provided in subdivision (d), every restriction or prohibition entered into, whether by way of covenant, condition upon use ur occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or indirectly limits, the acquisition, use, or occupancy ot•such properly fur a family day care home for children is void. (d) (1) A prospective fanuly day care home provider, who resides in a rental property, shall provide 30 days' written notice to the landlord or owner of the rental property prior to the commencement of operation of the family day care home. (?) For family day care home providers who have relocated an existing licensed family day care home program to a rental property on or after January 1, 1997, less than 30 days' written notice may be provided in cases where the department approves the operation of the new location of the l•amily day care borne in less than 30 days, or the home is licensed in less than 30 days, in order that service to the children served in the former location not be interrupted. (3) Afamily day care home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord rn• property owner in writing at the time ofthe annual license fee renewal, ur by March 31, l 997, whichever occurs later. (4) Notwithstanding any other provision of law, upon commencement ol; or knowledge ot; the operation of a lam i ly day care home on his rn• her property, the landlord or property owner may require the family day care home provider to pay an increased security deposit 1i~r operation of the Family day care home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family day care homes. In no event, however, shall the total security deposit charged exceed the maximum allowable wider existing law. (5) Section 159(.890 shall nut apply to this subdivision" (Remu~aher•ed-~n,-rnet•Iv t ~ 47. Sf)! n~7d it mended by St~xts. ! 483, C'h. 1233; ,-1 mended hl• .SYats. 1940, C'h, ~1~19. j 1597.41. (Rtpeuled by Stuts. 1996, C,h. Il.) 1597.43. Family day care homes; residentially zoned The Legislature tlnds and declares all ofthe following: (a) Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned and occupied properties and do not Fundamentally alter the nature ui'the underlying residential uses. Family day care homes draw clients and vehicles to their sites during a limited time of day and do nut require the attendance of a large number of employees and equipment. (b) `I"he uses of congregate care facilities are distinguishable fi•om the uses of family day care homes operated under the standards of state law. F'or purposes of this section, a "congregate care facility" means a "residential facility," as defined in paragraph (1) of subdivision (a) of Section 1502. Congregate care facilities are used throughout the day and night, and the institutional uses ofthese facilities are primary uses of the facilities. nut accessory uses, and draw a large number of employees, vehicles, and equipment compared to that drawn to family day care homes. (c) The expansion pern~itted for family day care homes by Sections 1597.44 and 1597.465 is nut appropriate with respect to congregate care facilities, or any other facilities with quasi-institutional uses. 'Therefore, with these provisions. the Legislature does not intend to alter the legal standards governing congregate care facilities and these .provisions are not intended to ena>urage, or be a precedent for, changes in statutory and case law governing congregate care facilities. (added t?vStals. 1946, Clr. 18.) 1597.44. Smal( family day care homes; children A small !'amity day care home may prov ide care For more than six and up to eight children, without an additional adult attendant, if all of the following conditions are met: (a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age. (b) No more than two infants are cared for during any time when more than six children are cared tor. (c) The licensee notifies each parent that the facility is caring for two additional school age children and that there may be up to seven or eight children in the home at one time. (d) The licensee obtains the written consent of the property owner when the family day care home is operated on property that is leased or rented. (.-1 dried by S'tatr. 1996, C"h. I8; amended by Stats. 2003, Ch. 7-1=1.) 324 • Zf107 Planning, 7.miing, and Development Laws MisceUnneorrs !'lrurnirrg-Relrried Laws 1597.45. Small family day care homes All ofthe following shall apply to small family day care homes: (a) "the use ofsingle-family residence as a small family day care home shall he considered a residential use of property lbr the purposes of all local ordinances. (b) No local jurisdiction shall impose any business license, 1'ee, or tax for the privilege of operating a small family day care home. (c)Use ufasingle-family dwelling for purposes of a small Family day care home shall nut constitute a change of occupancy fir purposes of Par! 1.5 (commencing with Section 17910) of"Division 13 (State Housing Law) or for purposes of local building codes. (d) A small family day care home shall not be subject to Article I (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter I of Part ?, except that a small Family day care home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. (added by Slats. 1 J83, C/r. 1233. ilmerrded by Slats. 1989, Ch. 70,) 1_597.46. Large family day care homes All ofthe following shall apply to large family day care homes: (a) A city, county, or oily and county shall oat prohibit large family day care homes on lots zoned for single-'Family dwellings, but shall do one ot•the following: (I) Classify these homes as a permitted use of residential property f~~r zoning purposes. (2) Grant a nondiscrctionary permit to use a lot zoned for asingle-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards. restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Tire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children. 't'he permit issued pursuant to this paragraph shall be granted by the zoning administrator, if any, or if there is no zoning administrator by the person or persons designated by the planning agency to grant such permits, upon the certification without a hearing. (3) Require any large family day care home to apply for a permit to use a lot zoned li)mingle-family dwellings. The zoning administrator, if' any, or if there is no zoning administrator, the person or persons designated by the planning agency to handle the use permits shall review and decide the applications. The use permit shall be granted if the large family day care home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes, and complies with subdivision (d) and any regulations adopted by the State Tire Marshal pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children. The local government shall process any required permit as economically as possible, and fees charged for t-eview shall nut exceed the costs of the review and permit process. Not less than 10 days priorto the date un which the decision will be made on the application, the zoning administrator or person designated to handle such use permits shall give notice oFthe proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a IQO foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued pursuant to this paragraph shall be held before a decision is made unless a hearing is requested by the applicant urother affected person. The applicanlorother affected person may appeal the decision. The appellant shall pay the cost, if any oftlte appeal. (b) A large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21 OOU) of the Public Resources Cude. (c)Use of asingle-family dwelling for the purposes ofa large family day care home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Flouring La.w), or for purposes of local building and lire; codes. (dj Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and local building and lu•e codes, except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to this subdivision. The State Fire Marshal shall adopt separate building standards specifically relating to the subject oftire and life safety in large family day care homes which shall be published in Title 24 of the California Administrative Code. These standards shall apply uniformly throughout the state and shall include, but not be limited to: (1) the requirement that a large family day care home contain a ti re extinguisher or smoke detector device, or both, which meets standards established by the State Tire Marshal; (2) specilicalion as to the number of requu•ed exits li•om the hoane; and (3) specification as to the floor or floors on which day care may be provided. Enti~reement of these provisions shall be in accordance with Sections 1314 and l3 146. No city, county, city and county, or district shall adopt or enforce any building ordinance or local rule ur regulation relating to the subject of fire and life solely in large family day care 2007 Planning, 7.oninK, and Development Laws • 325 hliscellaaeous Planning-Related Caws homes which is incimsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies tosingle-l~unily residences in which day care is not provided. (e) No later than April 1, 1984, the State dire Marshal shall adopt the building standards required in subdivision (d) and any other regulations necessary to implement the provisions of this section. (,added by Stats. 1983, Ch. 1233.) 1597.465. Large family day care homes; children A large family day care home may provide care for more than ]2 children and up to and including 14 children, ifall u1'the following u~nditions are met: (a) At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years ofage. (bj No more than three infants are cared for during any time when mute than 12 children are. being cared for. (c) The licensee notifies a parent that the facility is caring fir tvvo additional school age children and that there may be up to l3 or 14 children in the home atone time. (d) '['he licensee obtains the written consent of the property owner when the family day care home is operated on properly that is leased or rented. (.added by Slats. 1996, Ch, /8; ,amended by Stats. 2003, Ch. 7-19.) - 1597.47. Single family residential restrictions 'The provisions of this chapter shall not be construed to preclude any city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family day care Facility as long as such restrictions are identical to those applied to other single- family residences. The provisions of this chapter shall not be construed to preclude the application to a family day care facility t<ir children oi'any local ordinance which deals with health and safety, building standards, environmental impact standards, or any other matter within the ,jurisdiction of a local public entity. 'T'he provisions of this chapter also shall not he construed to prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, such ordinance or nuisance abatement shall not distinguish family day care facilities from other single-family dwellings, except as otherwise provided in this chapter. (.~{dried l~.v Stals. 1983, Ch. 1233.) MOBILE HEALTH CARE UNITS 1765.105. Parent facility; definition As used in this chapter, the following definitions shall apply: (a) "Parent facility" means a health facility licensed pursuant to Chapter ? (commencing with Section 125U> of Division 2, or a clinic licensed pursuant to Chapter I (anrunencing with Section 1200) of Division 2. (b) (I j "Mobile service unit" or 'mobile writ" means a special purpose cnmmercia! coach as defined in Section 18012.5, or a commercial coach as defined in Section 180111.8, that provides services as set forth in Section 176.110, and meets any oFthe following criteria: (A j Is approved pursuant tv this chapter by the state department as a serv ice of a licensed health facility, as def fined in Section 1250. (T3) Is approved by the state department pursuant to this chapter as a service ofa licensedclinic, as defined in Section 1200. (C) is licensed pursuant to this chapter by the state department as a clinic, as dciined in Section ]200. (D) is licensed pursuant to this chapter as an "other" type of approved mobile unit by the state department. "Other" types of approved mobile units shall be limited to mobile units performing services within new health Facility or clinic licensure categories created after the effective date of this chapter. The State Department off-lealth Services shall not create a new health facility yr clinic licensure category under this subparagraph absent a legislative mandate. (2) "Mobile service unit" or ``mobile unit" does not mean a modular, relocatable, ortranspurtable unit that is designed to be placed on a foundation when it reaches its destination, nor does it mean any entity that is exempt from licensure pursuant to Section 1206. (Added by Slats. 1993, C'h. 1020;) 1765.155. Zoning approval (aj The licensed parent Facility or clinic shall be responsible for obtaining approvals for the site yr sites of the mobile unit from the local planning, zoning. and fire authorities, as required. (b) 'Fhe mobile unit shall be situated for sale and comlin•table patient access. 'fhe mobile unit shall comply with all local parking laws. Any parking restrictions developed by a parent facility or clinic ficu• mobile units shall be strictly enforced by the parent Facility or clinic. (c) The parent facility or clinic shall ensure that there is sufficient lighting around the perimeter of the site from which the mobile unit provides any services. (~l dried by Stats. 1993. Ch. 1020.) LOCAL REGULATION OF ALCOHOLISM RECOVERY FACILITIES 11834.02. Definitions (a) As used in ibis chapter, "alcoholism or drug abuse 326 • 20117 Planning, 'Lonin~, and Development Lows Attachment E Submitted Correspondence 12791 Bubbling Well Santa Ana, CA 92705 August 3, 2008 ~ECE~~'EC~ Reins Kapadia, Associate Planner/City of Tustin ~ P~ ~ G ~ ~~~~ Community Development Department 300 Centennial Way ~'n~A~~UN~TY ~E~F~ ~~~~T Tustin, CA 92780 Dear Ms. Kapadia, You mailed a letter on August 1, 2008 regarding the possibility of a large family day care home at 14881 Pinebrook Dr. (CUP 08-008). Since there is no such address on Pinebrook, we believe you are referring to the house at 14481 Pinebrook Dr. We own the house next door at 14471. You asked for comments, and we certainly have some to send to you. We are not requesting a hearing because we will not be in town on August 18. But please consider the following: we vehemently oppose legalizing a large family day care home at that location. Our reasons are as follows: 1) The zoning district is R-1, as you know. That means the home is supposed to be a single residence, not a business. Whether or not the government code 1597.46 prohibits the undertaking is not the issue. By any name, a large family day care home is a business. The operators are certainly charging for this care, have set hours, and will be employing "one non-resident employee". That's a business. 2} This street is directly across from Nelson Elementary School. Routine daytime traffic during the school year is busy, and school events push parking on to Pinebrook as well, making less street space available. People who live on the street use street space, too, and rightfully so. 3) "Drop-off and/or pick-up areas" are virtually non-existent. The house itself is a small 3-bedroom with little front yard and a minimal driveway not much more than one car length from garage to street. Will that be one of the "areas"? Beyond that, the house sits at the end of a cul-de-sac. Please take one minute to imagine what this kind of traffic is going to do to Pinebrook (a dead-end street), in general, and what an overall nuisance it will be at our end of the block, specifically. 4) Because this street is a cul-de-sac, parking space is always limited. Additional cars are undesirable in this R-1 zoning district, and probably unsafe. 5) Noise cannot be controlled with 14 children in residence, and the necessary traffic accompanying their arrivals and departures cannot be silenced. Apparently this day care business has been going on for some time, since we had complaints from our tenants several months ago regarding disruptive, excessive noise from that residence. We didn't buy a house in the suburbs so that we could own a property next to a business; that, of course, is totally undesirable. Please do not grant the request CUP 08-008 for a family day care home at 14481 Pinebrook. Sincerely, ~ w~~.~ Tom and Susan Muldoon Toby B. Moore, PhD 14451 Pinebrook Drive Tustin, CA 92780 August 14, 2008 VIA FACSIMILE 714-573-3113 Reina Kapadia Associate Planner, Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92780 RE: LARGE FAMILY DAY CARE AT 14481 PINEBROOK (CUP 08-008); REQUEST BY AFFECTED PERSON WITHIN 100 FEET FOR A HEARING BEFORE THE PLANNING COMMISSION PER HEALTH&SAFETY CODE SECTION 1597.46 Dear Ms. Kapadia: reside and own the property at 14451 Pinebrook Drive in the City oi'Tustin, California. My residence is located approximately 85 feet from the proposed Large Family Day Care facility at 14481 Pinebrook Drive as identified u~ CUP 08-008. As per both Tustin City Code Section 9223(6)(e) and California I-Iealth and Safety Code Section l 597.46, a property owner located within a 100 foot radius of the exterior property boundary may request a hearing by the Planning Commission when a permit for a large family day care has been submitted to the City. By copy of this letter to the City of Tustin Community Development Department, I formall, request a hearing; before the C'iE,y_ ui~l'iisCin ~lxn~tin~~ ~;omn~~i~sioi~ un this matter. I will present my argument as to why this permit should not be granted under separate written and/or verbal testimony before the Planning Commission. Respectfully Submitted, ~,/``- Toby B. Moore, PhD 14451 Pinebrook Drive, TUSt1I1 CA RECEIVED AUG 1 5 2008 GDMMUNIiY DEVELDPMENT 081'1512002 02:08 949553016522 DI~IENAU PAGE 01 AtrgUSt 14~, 2{)Q$j Reim Kapadia Associate Planner City of Tustin Community Development dept. 300 Centennial way Tustin, cn 92~ao Re: i_drge Family Day Dare at '14481 Plnebrook (CUP-08-008) fear Ms, lcapadia, In accordance with the Official Notice mailed august 5, 2008, I am formally requesting a public hearing on the decision to permit a large family day care at 24x81 Pinel,raok Drive. My wife and I own the property ir-nmediately to they left on the proposed facility and have the fallowing concerns: • bur properties are at the end of a cul-de-sac where there is already limited parking due and restricted traffic flow due to its design. There is one parking space spanning our two front yards which is oflen occupied. There is room for one car to park on the right side of 14431 which is also often occupied. Parking is at a premium during the morning and evening hours. • Our cul-de-sac is used frequently for parking or turning around by parents taking their children to Nelson Elementary School during the morning and afternoon hours. Fall session will be beginning soon and it's our belief that an already congested morning and evening will become worse (there have been times where it has taken us 14 minutes to leave the street)- • Over the past few months, the tenants at 14481 have already been providing day care services and we have witnessed parents of the children often double-parking, sometimes blocking our driveway other times limiting others from making tfte turn on the cul-de-sac. We have also witnessed parents parking nose-end first obstructing traffic. On a few occasions, We have witnessed parents speeding down the street io drop of their kids, pel~traps trying to get to work on time. • Today, our dogs w+=_re barking uncharacteristically. Upon our examination, Sissy encountered a young boy on our common fence taunting our dog. This was at 6:3r)pm and we have no way of knowing whether this is occurring during the day when more children are present. We understand the need for childcare in today's environment. Normally, we try to `live and let live'. If the house were in the middle of the Pinebrook, where there was ample parking and if Nelson Elementary didn't already cause congestion during the morning hours, our concerns would be lessened. However, such is not the case and i am concerned for the safety of the ddy care dnd Nelson children as well ds our famiEy's ability to enjoy the property we have lived in for over 21 years. Thank Y , Craig & Elizabeth Oberlin 14882 Rinebroak Drive Tustln, CA 92780 12791 Bubbling Well ~,,; ~~ Santa Ana, CA 92705 ~' ~~~ ~_~ ~ w~.. August 18, 2008 ~ ~ ~~ ~,~~h r ~~~f qA~ 1 x111 r, . , , , ,.. Reina Kapadia, Associate Planner/City of Tustin ~ ~ ; ~~%~qr ~~r ' Community Development Department 300 Centennial Way Tustin, CA 92780 Dear Ms. Kapadia, Re: LARGE FAMILY DAY CARE AT 14481 PINEBROOK (CUP 08-008) On August 3, 2008, we replied to your first notice regarding this project. That letter is attached. Once again, we can not request a hearing, due to the fact that we are out of town. However, we strongly repeat the objections to the establishment of a day care business at that address. Since we first wrote to you, we have talked more to people who live on Pinebrook. Even without alegally-sanctioned business at 14481, there are still plenty of complaints from neighbors and tenants at that end of the cul-de-sac. We are informed that traffic is already unreasonably heavy to and from that address and that often the cars are traveling much too fast to be safe. We are also informed that there is plenty of action late at night, sometimes as late as 11 PM. That greatly exceeds the limited hours requested by the applicant. If it makes any difference legally, are you aware of the fact that the people wishing to establish the business are not the owners of the property? Once again, we ask you: please do not grant the request CUP 08-008 for a family day care home at 14481 Pinebrook Dr. Sincerely, ~~~,ma ~ ~ ~ ~~~ Tom and Susan Muldoon Attachment F Resolution No. 4100 RESOLUTION NO. 4100 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING LARGE FAMILY DAY CARE (LFD) 08-008 TO AUTHORIZE THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE EXISTING SINGLE-FAMILY RESIDENCE LOCATED AT 14481 PINEBROOK DRIVE The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for a large family day care permit was filed by Mariela Berrios to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the residence located at 14481 Pinebrook Drive within the Single-Family Residential (R-1) zoning district. B. That the State of California Health and Safety Code Section 1597.43(x) states that large family day care homes operated under the standards of the State law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. C. That the proposed large family day care home complies with the intent of the State Legislature as stated within the Health and Safety Code which states, "Family day care homes for children should be situated in normal residential surroundings so as to give children the home environment which is conducive to healthy and safe development." D. That pursuant to the Tustin City Code (TCC) Section 9223x6, large family day care homes are a permitted use in the Single-Family Residential (R-1) Zoning District, subject to certain restrictions. E. That Health and Safety Code Section 1597.46(x)(3) permits a local agency to apply "reasonable" restrictions related to the use of single-family residences for family day care homes to ensure compatibility with other uses in the vicinity. F. That the proposed use is consistent with the General Plan and Tustin City Code in that the property with a land use designation of "Low Density Residential" and zoning designation of "Single-Family Residential," which provides for the establishment of large family day care homes, when in compliance with local ordinances. Planning Commission Resolution No. 4100 Page 2 G. That the project, as proposed and conditioned, is in compliance with local ordinances. H. That all property owners within a 100 foot radius of the exterior property boundary of the site were notified of the intent to establish a large family day care home. Pursuant to TCC Section 9223(a)(6)(e) and Section 1597.46(x)(3) of the State Health and Safety Code, a hearing of the large family day care home is required by the Planning Commission if the applicant or property owner within 100 feet of the subject property requests such a hearing. That two letters requesting a hearing before the Planning Commission for the proposed large family day care were received on August 15, 2008 from Mr. Toby Moore, owner of 14451 Pinebrook Drive and Mr. and Mrs. Craig and Elizabeth Oberlin, owners of 14482 Pinebrook Drive. H. That a public hearing was duly called, noticed, and held on said application on September 23, 2008, by the Planning Commission. That as conditioned, the large family day care use will not be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing or working in the neighborhood or be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City of Tustin in that: a) The proposed large family day care use, as conditioned, would be subject to maintaining an ambient noise level in accordance with the City of Tustin's Noise Ordinance and, therefore, the use would not be creating a nuisance to neighboring properties. b) No other legally established large family day care homes exist within three hundred (300) feet of the subject property. c) The play yard area is enclosed with an existing minimum six (6) foot high fence. d) No swimming pool or spa currently exists on the site, and none shall be constructed as long as a large family day care is operating at the property. e) The subject property has been inspected by Building Division staff and the existing structure appears to be substantially in compliance with the building code in effect at the time of construction. Planning Commission Resolution No. 4100 Page 3 f) As conditioned, one (1) space on the driveway of the property shall remain open and available for parking use of an employee who does not reside at the premises, if needed. g) As conditioned, a minimum of one (1) space an the driveway of the property shall be provided for the drop off and pick up of children and additional drop-off/pick-up area may be provided immediately adjacent to the site. In addition, implementation of staggered drop-off/pick-up times for clients will ensure sufficient loading area for children and prevent an overconcentration of vehicles at the site. h) The existing small family day care at 14481 Pinebrook Drive has been licensed by the State of California. The proposed large family day care use, as conditioned, meets the local zoning requirements and would be subject to additional licensing and inspections by the State of California Department of Social Services. If at any time in the future the City is made aware and concurs that the large family day care is not operated in compliance with local ordinances and conditions imposed, the project may be brought before the Planning Commission for potential revocation proceedings to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. J. That Pursuant to HSC Section 1597.46(b), a large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code [California Environmental Quality Act]. Additionally, per to Section 15274 of the Guidelines for the California Environmental Quality Act (CEQA) Family Day Care Homes are statutorily exempt. Since family day care homes are exempt from CEQA, no further environmental analysis related to traffic, noise, circulation and parking should be considered by the City prior to considering the project. The Planning Commission hereby approves Large Family Day Care (LFD) 08- 008 to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the residence located at 14481 Pinebrook Drive, subject to the conditions contained in Exhibit A attached hereto. Planning Commission Resolution No. 4100 Page 4 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 23rd day of September, 2008. Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby Commission Secretary of the Planning Commission of tt Resolution No. 4100 was duly passed and adopted at Planning Commission, held on the 23rd day of September certify that I am the Planning ie City of Tustin, California; that a regular meeting of the Tustin 2008. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A LARGE FAMILY DAY CARE PERMIT (LFD) 08-008 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform to the submitted plans for the project date stamped September 23, 2008, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans or use if such modifications are consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 This approval shall become null and vaid unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified for the project, subject to review and approval by the Community Development Department. (1) 1.4 Approval of Large Family Day Care 0$-008 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department within ten (10) days of approval of Large Family Day Care Permit 08-008. (1) 1.5 As a condition of approval of Large Family Day Care Permit 08-008, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *~`* EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY Resolution No. 4100 Exhibit A Large Family Day Care Permit (LFD) 08-008 Page 2 The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.8 Large Family Day Care Permit 08-008 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with this permit or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the permit. (1) 1.9 Prior to commencing operation of a large family day care home, the day care home shall pass final inspection from the Community Development Department, and the operator shall obtain a business license, if a business license is required. BUILDING DIVISION (3) 2.1 All sleeping rooms shall be equipped with one (1) smoke detector inside and one (1) additional smoke detector in the common hallway(s) outside the sleeping area. (3) 2.2 All emergency egress windows far sleeping rooms shall be maintained at all times and shall not be blocked by furniture. Resolution No. 4100 Exhibit A Large Family Day Care Permit (LFD) 08-008 Page 3 USE RESTRICTIONS (1) 3.1 The maximum number of children cared for in the large family day care home shall be 14, or as defined by the State of California Health and Safety Code. (5) 3.2 If the applicant employs any persons not residing at 14481 Pinebrook Drive, the applicant shall provide one (1) off-street parking space for each employee not residing at the property. At least one (1) space on the driveway of the property shall remain open and available for parking use of an outside employee, if needed. (1) 3.3 The hours of operation of the large family day care shall be limited to 6:00 a.m. to 7:30 p.m., Monday through Friday. (1) 3.4 A minimum of one (1) space on the driveway of the property shall be provided for drop-off/pick up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. (1) 3.5 The existing attached two (2) car garage shall be maintained and used for parking accommodation of vehicles of the residents of the home at all times. The City of Tustin shall be permitted to conduct a garage inspection to ensure compliance at any time. (1} 3.6 Drop-off and pick-up times for each child shall be staggered by at least ten (10) minutes to prevent an overconcentration of vehicles at the site at any given time. (5) 3.7 The applicant shall obtain and maintain a current license from the State Department of Community Care Licensing Agency for a Large Family Day Care home at the site. A copy shall be provided to the City prior to final inspection and commencing operation of a large family day care home. (1)(5) 3.8 The large family day care use shall operate within all applicable State, County, and Tustin City Codes. Any violations of the regulations of the Department of Community Care Licensing, as they pertain to the subject location, or of the City of Tustin, as they relate to the operations of a large family day care home, may result in the revocation of the subject Large Family Day care, as provided for by the Tustin City Code. (1) 3.9 Noise associated with the large family day care home operations shall not exceed the standards of the City of Tustin Noise Ordinance. Resolution No. 4100 Exhibit A Large Family Day Care Permit (LFD) 08-008 Page 4 (1) 3.10 The existing six (6) foot high fence, wall and gate surrounding the play area shall be maintained in good condition at all times. (1) 3.11 While the property is operating as a large family day care home, no swimming pool, Jacuzzi/spa, or other water body shall be constructed on the property. (1) 3.12 The large family day care operation shall comply with the California Vehicle Code and local traffic control ordinances and traffic control devices at all times. (1) 3.13 If at any time in the future the City is made aware and concurs that the large family day care is not operated in compliance with local ordinances and conditions imposed, the project may be brought before the Planning Commission for potential revocation proceedings to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. FEES (1) 4.1 Prior to commencing with the operation of the large family day care, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.