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HomeMy WebLinkAboutPC RES 4174RESOLUTION NO. 4174 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING LARGE FAMILY DAY CARE (LFD) 2011-01 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 17362 LAURIE LANE. 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 Dorkis Hernandez to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the residence located at 17362 Laurie Lane within the Single-Family Residential (R-1) zoning district. B. That the State of California Health and Safety Code Section 1597.43(a) 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 Health and Safety Code Section 1597.46(a)(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. E. That pursuant to the Tustin City Code (TCC) Section 9223a6, large family day care homes are a permitted use in the Single-Family Residential (R-1) Zoning District, subject to the criteria contained within Section 9271aa1. 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. G. 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 9271 aa1(e) and Section 1597.46(a)(3) of Planning Commission Resolution No. 4174 Page 2 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. H. That four (4) letters in opposition to the proposed large family day care were received, three (3) of which requested a hearing before the Planning Commission. That a hearing was duly called, noticed, and held on said application on June 14, 2011, by the Planning Commission. J. 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. 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 on 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. Planning Commission Resolution No. 4174 Page 3 h) The existing small family day care at 17362 Laurie Lane has been licensed by the State of California since June 20, 2005, and the City has not received any complaints regarding the use. 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. i) 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. K. 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. II. The Planning Commission hereby approves Large Family Day Care (LFD) 2011- 01 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 17362 Laurie Lane, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 14th day of June, 2011. ELIZABETH A. BINSACK Planning Commission Secretary ~_ JE . TH PSON Chairperson Planning Commission Resolution No. 4174 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN } I, ELIZABETH A. BINSACK, the undersigned, hereby Commission Secretary of the Planning Commission of th Resolution No. 4174 was duly passed and adopted at Planning Commission, held on the 14th day of June, 2011 ~. ELIZABETH A. BINSACK Planning Commission Secretary certify that I am the Planning e City of Tustin, California; that a regular meeting of the Tustin EXHIBIT A RESOLUTION N0.4174 LARGE FAMILY DAY CARE PERMIT (LFD) 2011-01 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform to the submitted plans for the project date stamped June 14, 2011, 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 void 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 othenivise 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 Permit 2011-01 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. (1) 1.5 As a condition of approval of large Family Day Care Permit 2011-01, 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. 4174 Exhibit A LFD 2011-01 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 cast 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 issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Cade. Approval of LFD 2011-01 shall serve as apre-citation notice pursuant to section 1162e of the Tustin City Code. (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 2011-01 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director and/or City Engineer. The Community Development Director and/or City Engineer 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. 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. Carbon Monoxide detectors shall be installed in accordance with the latest edition of the California Building Code. (3) 2.2 All emergency egress windows for sleeping rooms shall be maintained at all times and shall not be blocked by furniture. 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. Resolution fVo. 4174 Exhibit A LFD 2011-01 Page 3 (5) 3.2 If the applicant employs any persons not residing at 17362 Laurie Lane, 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. (1) 3.3 The hours of operation of the large family day care shall be limited to 7:00 a.m. to 6:00 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 three (3) 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. The applicant shall prepare and keep current apick-up and drop-off schedule and make it available to the City upon request. The schedule shall ensure that no more than one (1) vehicle is scheduled to pick up or drop off during any 10-minute period. The applicant shall provide and maintain a traffic monitor during the peak periods of operation to ensure compliance with the staggered schedule and ensure safety of the children. (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 and noise generated from on-site uses shall not exceed the standards of the City of Tustin Noise Ordinance. E (1)(3) 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. Resolution No. 4174 Exhibit A LFD 2011-01 Page 4 (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 and/or installed 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. (***) 3.13 The applicant shall conduct a client education program with all existing and new clients of the day care facility. This shall include an info sheet, including apick-up and drop-off plan, to be reviewed and approved by the Community Development Department, to be signed by each client acknowledging the use restrictions on the project. The sheets shall be kept on file by the applicant and be made available for review by the City at any time. FEES (1) 4.1 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.