HomeMy WebLinkAbout04 APPEAL OF PLANNING COMMISSION'S DECISION TO APPROVE LARGE FAMILY DAY CARE 2011-01Agenda Item 4
Reviewed.'
AGENDA REPORT City Manager
Finance Director N /A
MEETING DATE: AUGUST 2, 2011
TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: APPEAL OF THE PLANNING COMMISSION'S DECISION TO APPROVE
LARGE FAMILY DAY CARE 2011-01
PROPERTY OWNER:
JOSE HERNANDEZ
17362 LAURIE LANE
TUSTIN, CA 92780
SUMMARY:
APPLICANT:
DORKIS HERNANDEZ
17362 LAURIE LANE
TUSTIN, CA 92780
Large Family Day Care Permit (LFD) 2011-01 is a request to operate a large family day
care home caring for up to fourteen (14) children at the residence located at 17362
Laurie Lane.
On June 14, 2011, the City of Tustin Planning Commission adopted Resolution No.
4174 approving LFD 2011-01. On June 17, 2011, the City Clerk received an appeal of
LFD 2011-01 which was filed by Councilmember Gavello due to concerns regarding
traffic and noise. The appeal hearing is de novo.
RECOMMENDATION:
That the Tustin City Council adopt Resolution No. 11-56 approving Large Family
Daycare Permit 2011-01 to operate a large family day care home, caring for up to
fourteen (14) children in an existing residence located at 17362 Laurie Lane.
FISCAL IMPACT:
The applicant has paid the applicable application fees.
ENVIRONMENTAL:
This project is Statutorily Exempt pursuant to Section 15274 of the California
Environmental Quality Act (CEQA).
City Council Report
Appeal of LFD 2011-01
Page 2
BACKGROUND:
Health and Safety Code
Section 1597 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 1597.45 considers small family day care homes (up to eight
children) as residential uses for the purposes of all local ordinances Therefore, no
additional zoning restrictions, business license, fee, or tax may be imposed.
Further, HSC Section 1597.46 disallows a city from prohibiting large family day care
homes (up to fourteen children) on lots zoned for single-family dwellings (Attachment
E). As an alternative, the city may:
1) Classify these homes as an out-right permitted use of residential property for
zoning purposes; or,
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.
The Tustin City Code Sections 9223a6 and 9271aa1 (Attachment F) allows for large
family day care homes under the third option.
Proposed Project
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.
City Council Report
Appeal of LFD 2011-01
Page 3
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 the regulations
contained within Section 9271aa1 (discussed below). A formal application for a large
family day care facility is required to be submitted to the Community Development
Department for homes caring for up to fourteen (14) children. The applicant is also in
the process of obtaining a license for the large family day care from the Orange County
Community Care Licensing Division.
As prescribed, Section 1597.46(a)(3) of the Health and Safety Code and Tustin City
Code Section 9271 aa1(e) 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 is held unless a hearing is requested by the
applicant or other affected persons.
On May 10, 2011, 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. Written
correspondence was received from four (4) property owners within the noticing area, all
of which were in opposition to the proposed large family daycare (Attachment D). Three
of the four letters requested a hearing on the item. In general, concerns related to
potential noise, traffic, and the effect on property values.
On June 14, 2011, the City of Tustin Planning Commission held a hearing for LFD
2011-01. After taking testimony from the public, the Planning Commission evaluated
City Council Report
Appeal of LFD 2011-01
Page 4
the request and adopted Resolution No. 4174 approving LFD 2011-01 with conditions
(Attachment G).
On June 17, 2011, the City Clerk received an appeal of LFD 2011-01 which was filed by
Councilmember Gavello due to concerns regarding traffic and noise (Attachment H).
DISCUSSION:
Site and Surroundings
The property is improved with an existing single-story, single-family home with athree-
car garage. The project site is located along Laurie Lane near the corner of Fairmont
Way within the Single-Family Residential (R-1) zoning district. The property is
surrounded by other single family residences to the north, south, east and west.
The applicant has indicated that the day care would operate as follows:
• The proposed hours of operation would be from 7:00 a.m. to 6:00 p.m. Monday
through Friday;
• Parents drop off and pick up children at different times throughout the morning
and afternoon;
• Some children may be from the same family, 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 at the home
City Council Report
Appeal of LFD 2011-01
Page 5
Zoning and Building Code Requirements
Tustin City Code Section 9223a6 lists large family day care homes as a permitted use in
the Single-Family Residential (R-1) zoning district, subject to the regulations contained
within Section 9271aa1 which are briefly discussed below.
• 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. The nearest existing licensed large family day care facility is
located on Marshall Lane to the southwest of the proposed facility and at a distance
in excess of 300 feet.
• The play yard of the home must be enclosed by a minimum six-foot high fence
setback from the required front yard. There is an existing fence and block wall
enclosing the rear yard play area which varies in height. The applicant recently
completed improvements to the existing wall in order to ensure compliance with the
height requirements.
• A permit shall not be granted for any location that has on the property a swimming
pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted.
The property had a swimming pool in the rear yard which was recently demolished
and filled. Permits were issued for the pool demolition and have received final
inspection.
• 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.
The applicant has filed an application for a large family day care family permit with
the Orange County Community Care Licensing Division. 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.
• All day care homes are subject to the regulations adopted and enforced by the State
Fire Marshal and Orange County Fire Authority and must comply with the provisions
of the State Uniform Building Code and City of Tustin Building requirements. The
Orange County Fire Authority will review the subject Large Family Day Care permit
application as part of fire clearance for the Community Care Licensing process. The
applicant has already made the improvements to the property as required by the
City's Building Division staff in an inspection of the property. All improvements have
been completed at this time and inspected by City staff. Proposed Condition 3.8
requires the applicant to comply with all applicable state and local codes.
Parking
Section 9263 of the TCC requires one (1) parking space for each nonresident
employee, in addition to the required residential spaces, plus adequate drop-off area as
City Council Report
Appeal of LFD 2011-01
Page 6
approved by the Community Development Director. There is an existing three-car
garage with a driveway wide enough to accommodate three vehicles.
Proposed Condition 3.2 requires that 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 three car garage.
Traffic
Condition 3.6 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. The applicant
has indicated that some are from the same family and therefore come together, 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 d6(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(c), 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
for the California Environmental Quality Act (CEQA) lists Family Day Care Homes as a
statutory exemption.
Public Comments
An official public notice was sent to all property owners within a 100 foot radius of the
subject property regarding the proposed project. to response, City staff received phone
calls/visits from neighbors inquiring about the project and voicing their opposition to the
City Council Report
Appeal of LFD 2011-01
Page 7
proposed large family day care. Additionally, four (4) pieces of written correspondence
were received by the City (Attachment D). Three (3) of those letters requested a hearing.
The concerns expressed in these letters all express the neighbors' dissatisfaction over
the impact that the proposed large family day care home may have on traffic and noise.
On July 25, 2011, the Public Law Center submitted a letter in support of Ms. Dorkis
Hernandez's application for a Large Family Daycare Permit (Attachment D). The Public
Law Center submitted the letter on behalf of OC Child Care Connection, a collaborative
of community groups that advocates for the availability of affordable, accessible, and
quality child care to all Orange County families. The Public Law Center requested that
the City grant the application since State law encourages family child care homes, and
provides that children should be cared for in normal residential surroundings to give
them the home environment which is conducive to healthy and safe development.
On July 26 and 27, 2011, six (6) additional correspondences were submitted and have
also been included in Attachment D. One letter requesting consideration and imposition
of reasonable and restriction on the proposed day care and the five (5) remaining letters
are in support of the proposed day care.
FINDINGS
As discussed earlier, State law prohibits local governments from denying a large family
daycare on lots zoned for single-family dwellings. 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.
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 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).
City Council Report
Appeal of LFD 2011-01
Page 8
3. The proposed large family day care use, as conditioned by the Planning Commission
and incorporated in the City Council Resolution, 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 9271aa1 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.
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 17362 Laurie Lane has been licensed
by the State of California since June 20, 2005. 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.
City Council Report
Appeal of LFD 2011-01
Page 9
abeth A. Binsack
Community Development Director
Attachments:
A. Location Map
B. Land Use Fact Sheet
C. Submitted Plans
D. Public Comments and Letter in Support
E. California Health and Safety Code Section 1597.30 et al
F. Tustin City Code Section 9271 aa1
G. Planning Commission Resolution No. 4174
H. Appeal Request
I. City Council Resolution No. 11-56
ATTACHMENT A
Location Map
LOCATION MAP
LFD 2011-01: 17362 LAURIE LANE
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ATTACHMENT B
Land Use Fact Sheet
LAND USE APPLICATION FACT SHEET
1. LAND USE APPLICATION NUMBER(S): LARGE FAMILY DAY CARE (LFD) 2011-01
2. LOCATION: LAURIE LANE & FAIRMONT WAY
3. ADDRESS: 17362 LAURIE LANE
4. APN(S):395-023-02
5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: NONE
6. SURROUNDING LAND USES:
NORTH: RESIDENTIAL SOUTH: RESIDENTIAL
WEST: RESIDENTIAL EAST: RESIDENTIAL
7. SURROUNDING ZONING DESIGNATION:
NORTH: SINGLE FAMILY RESIDENTIAL SOUTH: SINGLE FAMILY RESIDENTIAL
WEST: SINGLE FAMILY RESIDENTIAL EAST: SINGLE FAMILY RESIDENTIAL
8. SURROUNDING GENERAL PLAN DESIGNATION:
NORTH: LOW DENSITY RESIDENTIAL SOUTH: LOW DENSITY RESIDENTIAL
WEST: LOW DENSITY RESIDENTIAL EAST: LOW DENSITY RESIDENTIAL
9. SITE LAND USE:
A. EXISTING: SINGLE FAMILY HOME PROPOSED: SAME
B. GENERAL PLAN: LOW DENSITY RESIDENTIAL PROPOSED: SAME
C. ZONING: SINGLE FAMILY RESIDENTIAL PROPOSED: SAME
DEVELOPMENT FACTS:
NO CHANGE TO EXISTING DEVELOPMENT
ATTACHMENT C
Submitted Plans
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ATTACHMENT D
Public Comments
July 24, 2011
lusting Willkom
Principal Planner
City of Tustin
Community Development Department
300 Centennial Way.
Tustin, CA 92780
RE: Large Family Daycare 2011
F2tCEIVED
JUL ~'~ 2011
COMMUNITY DEVELOPMENT
BYc
Dear Mrs. Willkom,
I would like to thank Ryan Swiontek and the staff for working and trying to make this very important
project possible for our family and the community in general. 1 also want to thank those neighbors who
understood the real facts about this business and simply supported the proposal, and finally, those who
were not clear about the implications and expressed their concerns with dignity and integrity.
I did not appreciate however the letter from Jeffery Forton. This letter looks like it was written by a
responsible good intention person, but the reality is that it is full of contradictions, exaggerations, and
lies. His lack of integrity concerns me greatly because we are next door neighbors, and it is hard to
communicate with a person like that. I have tried to placate him for the past five years as far as noise
goes, but I have discovered that his complaints are not reasonable. They are a result of a very low
tolerance person with lack of integrity who tries to persuade other people to accommodate himself.
Unfortunately, I noticed during the first hearing that his letter had a great impact on a couple of
members of the panel, and that is why I am writing this letter. Some people would say: "Everybody has
his own truth". When we should know that there is only one real truth, and it has to be found with real
facts and evidence. I am not going to write my opinion about Mr. Forton's contradictions, lies, and
exaggerations in this letter unless you need me to, but 1 would like for you to investigate and gather the
facts before drawing to a conclusion.
I currently have letters from other neighbors that simply express a whole different opinion about the
noise and traffic issues, as well as the type of person/neighbor I am. In fact, one of the letters belongs to
my other next door neighbor. I am willing to cooperate in any type of investigation or studies to find the
real truth in this matter. My intension is simply to find the truth and comply with the law.
Sincerely,
Jose Hernandez
17362 Laurie Ln., Tustin, CA 92780
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RECEIVED
JUL 8 7 2011
OOMMUNITY DEVELOPMENT
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•
RE~'~I~~C3
JUL Z 7 2011
July 26, 2011
COMMUNITY DEVELOPMENT
BY:
To whom it may concern:
Dorkis Hernandez requested that we submit a letter regarding our experience with the Hernandez's and
their day care operation they maintain at their residence.
We have known the Hernandez's for about 6 years, and they have always been considerate to us as
neighbors. They maintain the exterior of their property above average for the neighborhood, and they
utilize their own driveway and garage to park their cars. They have always been a quiet family with well-
mannered children.
The Hernandez's child-care operation has had a minimal impact to our neighborhood in terms of traffic
or noise, and we do not object to their increasing the number of children they would care for in their
home. Their current clientele have always been polite and have parked their cars without obstructing
traffic on the street during the morning and afternoon hours.
Sincerely,
~.
fraig Shimomura
17342 Laurie Lane,
Tustin, CA 92780
714-731-4320
July 22, 2011
To Whom it May Concern,
I am writing this letter to inform you of my experiences with the Hernandez
Family Childcaze. My children have been attending this childcaze for six years. It has
always been a wonderful experience for my children.
Today and for the past six years I have never experienced any problems
concerning parking, traffic and service. The drop offand pick up of my children have
always been a smooth process without issues.
My overall experience with the Hernandez Family Childcare has been
outstanding. There has never been a decline in care or service provided.
Sincerely,
1~1
C stye Courtney ritECE1VED
949.291.9649
JUL S 7 2011
COMMUNrrY DEVELOPMENT
BY:
June 13, 2011
RECENED
JUL S 7 2011
City of Tustin
COMMUNITY DEVELOPMENT
BY;
Re: Large Daycare permit for Dorkis Hernandez
To whom it may concern:
My name is Lissette Gomez. I have been receiving daycare services from Dorkis Hernandez since 2007,
when my son was still an infant. I have to say that the quality of her care and services has been nothing
but the best. Her place offers a family environment, with healthy meals, and daily preschool activities
that contribute to their physical, social, and cognitive development including physical exercise, fine and
large motor skills development, shape, color, letter and number recognition, problem-solving sills, etc.
Every time I walk into her house, not only my child, but all the other children seem to be happy and
enjoying their time at Dorkis' daycare. I think it will be a great benefit to our community if other families
can benefit from the services she has to offer, here in our city. For working parents, leaving their child
for so many hours is a difficult decision, but knowing that s/he is with someone one can trust, makes it
much better.
If you need further information, please do not hesitate to contact me at 714-290-1578.
Sincerely,
Lissette Gomez
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RECEIVED
JUL 2 6 2011
COMMUNITY DEVELOPMENT DEFT
T11[>iP~A1~ NR171 To the Tustin City Council:
A>ii0lIIF1CAJ~fT Re: Public Hearing before Tustin City Council on August 2, 2011
acct
July 26, 2011
BREAKING THE BARRIERS I understand the Health and Safety Code limits the areas in which a jurisdiction
IN may condition the issuance of a permit for Large Family Day Care Homes to
IEADEASHIPAND spacing and concentration, traffic control, parking and noise control as specified
PERSONAL PRODUCTIVITY in local ordinances. 1 respectfully request that the City Council, at a minimum,
impose reasonable restrictions and conditions that relate to the concerns set forth
by the neighbors and the Planning Commissioners, as reported in the Minutes of
the June 14, 2011 Planning Commission Meeting and accompanying
documentation presented at the Public Hearing on this matter that took place on
that date.
On June 14, my wife and I, as well as other concerned neighbors attended a
Planning Commission Meeting. The purpose of the meeting was to consider the
request by Dorkis Hernandez to change her home at 17362 Laurie Lane from a
Small Day Care Home to a Large Day Care Home.
My main concern is about the noise caused by the increase in number of children.
We share a rear property line of over 120 feet. We purchased our home exactly
forty years ago and have made many improvements along with a professionally
landscaped garden to better enjoy our retirement years that are approaching very
quickly.
1 My job has required an enormous amount of air travel to the tune of over 5 %z
million actual miles
I wanted a
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corner
n our garden to relax in. We hired a
master wood craftsman to design and build an arbor with a swing several years
ago. The arbor is four feet from the rear yard of subject property.
TELEPHONE
714.838.3030 My concerns continue to include the following: the onsite operations, use of the
space, child safety, the number of employees ad children on-site, parting/parking
FAX safety, noise, disruption to the neighborhood and traffic control.
714838.1869 Thank you for your time and consideration in imposing reasonable restrictions
and conditions on the applicant's request to operate a Large Family Day Care
17381 BONNER DRIVE Home in t '~ small, congested residential street.
TUSTIN, CA 92780
Danny Cam,
www.DannyCoxcom
Small' Danrry@DanrryCoxcom P.S. I provided supplemental photographs to the Planning Commission, which are
available to you as stated in the minutes.
•
PUBLIC LAW CENTER
PROVIDING ACCESS TO JUSTICE
FOR ORANGE COUNTY'S LOW INCOME RESIDENTS
SENT VIA EMAIL
July 25, 2011
Justina Willkom
Principal Planner
jwillkom(a,tustinca.org
Community Development Department
City of Tustin
300 Centennial Way
Tustin, CA 92780
Re: Large Family Day Care at 17362 Laurie Lane
Hearing scheduled for August 2, 2011
Dear Ms. Willkom:
Public Law Center (PLC) submits this letter in support of Ms. Dorkis Hemandez's application
for a Lazge Family Daycare Permit to operate a large Family Child Care Home (FCCH), caring
for up to 14 children, for the benefit of the families in the City of Tustin. As you aze awaze, Ms.
Hernandez currently has a license from Community Caze Licensing to operate a small FCCH
(allowing her to caze for up to 8 children) and has been operating her small FCCH since 2005.
Approval of Lazge Family Daycare Permit would allow her to care for up to 6 additional
children.
PLC provides free legal services to individuals with low income and nonprofit corporations in
Orange County. We aze working to increase the supply of child care facilities and to improve the
quality of care in our county. Because quality child caze plays a critical role in supporting our
current and future workforce, we provide free legal assistance to child care providers and help
them overcome legal barriers they face in providing a very valuable service to the community.
We submit this letter on behalf of OC Child Caze Connections, a collaborative of community
groups that advocates for the availability of affordable, accessible, and quality child care to all
Orange County families. PLC is honored to be a member of this collaborative, along with other
nonprofit organizations and government agencies, such as Orange County United Way; the
Children's Home Society of California; Orange County Child Caze & Development Planning
Council; County of Orange, Social Services Agency; Children & Families Commission of
Orange County and the Kennedy Commission.
State law encourages FCCHs and protects applicants such as Ms. Hernandez from arbitrary
action. The Legislature enacted the California Child Day Caze Act (the "Act") to ensure that
municipalities advance the important policy of providing children in a FCCH the same home
601 Civic Center Drive West • Santa Ana, CA 92701-4002 • (714 541-1010 • Fax (714) 541-5157
environment as provided in a traditional home setting. The Act makes clear that children should
be cared for in normal residential surroundings to give children the home environment which is
conducive to healthy and safe development.
The Act removes most of the discretion that municipalities might otherwise have to regulate
FCCHs. As cited in Associate Planner Ryan Swiontek's report dated June 14, 2011, California
law requires that cities must permit the operation of large family day care homes in residential
neighborhoods if those homes comply with reasonable standards, restrictions and requirements
concerning (l) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control.
While a few neighbors may raise these as potential issues, there is no evidence that these are
actual issues with respect to Ms. Hemandez's application. Additionally, Mr. Swiontek's report
includes recommendations that, if approved and adopted, would fully satisfy these potential
concerns. Therefore, we respectfully request that her application be granted.
We appreciate the opportunity to submit these comments in support of Ms. Hernandez's efforts
to obtain a permit for a large FCCH. If you have any further questions, please do not hesitate to
contact me at (714) 541-1010 x 293 or email: dtran(a,publiclawcenter.org.
Sincerely,
/fi i~'`-~
Diamond Tran
Staff Attorney
Public Law Center
Cc: Dorkis Hernandez [kaclajo@sbcglobal.net]
Ryan Swiontek [rswiontek@tustinca.org]
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RECEIVED
MAY 19 2011
May 17, 2011
Ryan Swiontek
AssottaLe Planner
City of Tustin
Community Devebpment Department
300 Ce+nennial Way
Tustin, CA 92780
Dear Mr. Swiontek:
(AMMUNITY DEVELOPMENT DEPT
We received yow notice regarding the application of Dorkis Fiernandes for a "large Family Day Gre''
facility at her residerKe. We arc opposed to this taking place because of the traffic and noise facRx it
will create in out neighborhood. We arc dirccdy behind thk property.
we would tike to request a public hearing regarding this project,
Dave and Lodi Cnidrourne
17341 Bonner Drive
Tustin, CA 92780
ZECEIVED
~~IAY 18 2011
May 17, 2011
COMMUNITY DEVELOPMENT DEPT
Ryan Swiontek
Associate Planner
City of Tustin
Conununity Development Department
300 Centennial Way
Tustin, CA 92780
Deaz Mr. Swiontek:
We received your letter regazding Dorkis Hernandez application fora "Lazge
Family Day Caze" at her home, 17362 Laurie Lane, Tustin, California. We are
concerned about the noise factor and our property value should such a place be
directly behind and contiguous to our property.
We would like to request a public heazing regazding this project.
Thank you.
Sincerely,
Jeanine and Kelly Evans ~v~
13751 Fairmont Way ~ti Y ~"
Tustin, CA 92780 - ~-'~
714-731-8308 --~ ~;~ ~ ~~~ ti-~
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Mr. Jeff Forton
17352 Laurie Ln.
Tustin, CA 92780-1815
(714) 731-4465 QECEIVED
To: Ryan Swiontek
Associate Planner
Re: Large Family Daycare 2011-01
MAY 16 2011
5/ 14/2011
Dear Ryan,
~.OMMUNrrY DEVELOPMENT DEPT
Thank you for notifying me about the proposed LARGE Family Daycare which is right
next door to me. I have to admit I was concerned when I saw the word LARGE and that it
would allow up to 14 children. Frankly I am concemed about the noise factor and the
constant traffic from dropping off and picking up kids.
I have lived in my home for over 25 years and I am semi-retired. I have had noise issues
with the Hernandez family since they have moved in, mostly with their dog(s) and initially
we almost came to blows over it. For the most part we have resolved our differences over
that although the dog's barking every time someone drops off or picks up a kid is still
annoying and the owners seem oblivious to the noise pollution though they try to placate
me.
I have tried to turn a blind eye to the fact that this home (17362 Laurie Ln.) has been
doing daycare since they moved in, as I know everyone is doing what they can these
days to make ends meet. Legally or not, I don't know. I figured five or six kids how bad
could it be, so I said nothing in the spirit of neighbor relations. Now they are applying for
up to 14 kids and have essentially converted their back yard into a playground. They also
have two kids of their own so now we are talking up to 16 children.
In essence, I didn't sign up to be located next to a noisy "school' with 14 (16) "potentially'
screaming kids just on the other side of the wall from my patio where I like to relax and
enjoy the birds singing and the quiet. fNy home is my sanctuary, the only refuge I have.
I could handle them doing 5 or 6 kids if I have to, and as I already have, but really a
facility wanting to handle that many kids shouldn't be in R-1 zoning. Let's face it... this
little neighborhood already has several hospice care facilities as well as a home for girls
and that is only the ones I know about. It is not my intention to stifle someone's business
but I am protective of my peace and quiet which always seems to be under assault when
people live so close together.
Sincerely, ~' ~' ~' `~~ ~~~
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Jeffery D. Forton y~
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yF'FERQIC~
Ryan Swiontek
Associate Planner
BREAKING THE BARRIERs
City of Tustin
IN
~~~,~ A,,a Community Development Department
PERSONAL wlGOUC7tvrrr 300 Centennial Way
Tustin, CA 92780
Dear Mr. Swiontek:
Per our phone conversation, I'm requesting a public hearing regarding the project
address 17362 Laurie Lane, Tustin, California.
This is regarding Dorkis Hernandez application fora "Large Family Daycare
2011-01.
Thank you.
--Sincerely,
~-
D y x
TELEPHONE
71 a-838'3030 REC EtVED
Fax MAY 16 2011
714838.1869 COMMUNRY DEVELOPMENT
BY:
17381 BONNER DRIVE
TUSTIN, CA 92780
www.DarrryCoxcatl
Email DarrtyQDanryCoxcan
ATTACHMENT E
California Health and Safety Code Section 1597.30 et al
Section: 1597.30
The Legislature finds and declares:
(a) It has a responsibility to ensure the health and safety of children in family homes that provide day care.
(b) That there are insufficient numbers of regulated family day care homes in California.
(c) There will be a growing need for child day care facilities due to the increase in working parents.
(d) Many parents prefer child day care located in their neighborhoods in family homes.
(e) There should be a variety of child care settings, including regulated family day care homes, as suitable
alternatives for parents.
(f) That the program to be operated by the state should be cost effective, streamlined, and simple to administer in
order to ensure adequate care for children placed in family day care homes, while not placing undue burdens on the
providers.
(g) That the state should maintain an efficient program of regulating family day care homes that ensures the provision
of adequate protection, supervision, and guidance to children in their homes.
Section: 1597.36
The department shall provide written documentation to providers of the need for repairs, renovations, or additions
when requested for an application for a loan guarantee pursuant to subdivision (d) of Section 8277.6 of the Education
Code whenever the repairs, renovations, or additions are required by the department in order for the licensee to
maintain or obtain a license for more than six children.
Section: 1597.40
(a) It is the intent of the Legislature that 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. 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 Legisiature declares this policy to be of statewide concern with the purpose of occupying the field to the
exclusion 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 restrictions relating to
the use of single-family residences for family day care homes for children except as provided by this chapter.
(b) Every provision in a written instrument entered into relating to real property which purports to forbid or restrict the
conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family 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 or occupancy, or upon transfer of title to real property, which restricts or prohibits directly, or
indirectly limits, the acquisition, use, or occupancy of such property for a family day care home for children is void.
(d) (1) A prospective family 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.
(2) 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 family day care home 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) A family day care home provider in operation on rental or leased property as of January 1, 1997, shall notify the
landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever
occurs later.
(4) Notwithstanding any other provision of law, upon commencement of, or knowledge of, the operation of a family
day care home on his or her property, the landlord or property owner may require the family day care home provider
to pay an increased security deposit for 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 under existing law.
(5) Section 1596.890 shall not apply to this subdivision.
Section: 1597.43
The Legislature finds and declares all of the 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 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 and equipment.
(b) The uses of congregate care facilities are distinguishable from the uses of family day care homes operated under
the standards of state law. For 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 of these facilities are primary uses of the facilities, not accessory uses, and draw
a large number of employees, vehicles, and equipment compared to that drawn to family day care homes.
(c) The expansion permitted for family day care homes by Sections 1597.44 and 1597.465 is not 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 encourage, or be a precedent for, changes in statutory and case law governing
congregate care facilities.
Section: 1597.44
A small family day care home may provide 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 for.
(c) The licensee notifies each parent that the facility is caring for two additional schoolage 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.
Section: 1597.45
All of the following shall apply to small family day care homes:
(a) The use of single-family residence as a small family day care home shall be considered a residential use of
property for the purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license, fee, or tax for the privilege of operating a small family day
care home.
(c) Use of asingle-family dwelling for purposes of a small 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 Housing Law) or for
purposes of local building codes.
(d) A small family day care home shall not be subject to Article 1 (commencing with Section 13100) or Article 2
(commencing with Section 13140) of Chapter 1 of Part 2, 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.
Section: 1597.46
All of the following shall apply to large family day care homes:
(a)A city, county, or city and county shall not prohibit large family day care homes on lots zoned for single-family
dwellings, but shall do one of the following:
(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 conceming
spacing and concentration, traffic control, parking, and noise control relating to those homes, and complies with
subdivision (e) and any regulations adopted by the State Fire 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. The permit issued pursuant to this paragraph shall
be granted by the zoning administrator, or if there is no zoning administrator by the person or persons designated by
the planning agency to grant these 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 for single-family dwellings. The
zoning administrator, 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 conceming the following factors: spacing and concentration, traffic control, parking, and noise control
relating to those homes, and complies with subdivision (e) and any regulations adopted by the State Fire 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.
Fees charged for review shall not exceed the costs of the review and permit process. An applicant may request a
verification of fees, and the city, county, or city and county shall provide the applicant with a written breakdown within
45 days of the request. Beginning July 1, 2007, the application form for large family day care home permits shall
include a statement of the applicant's right to request the written fee verification.
Not less than 10 days prior to the date on which the decision will be made on the application, the zoning administrator
or person designated to handle the use permits shall give notice of the proposed use by mail or delivery to all owners
shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior
boundaries of the proposed large family day care home. A hearing on the application for a permit issued pursuant to
this paragraph shall not be held before a decision is made unless a hearing is requested by the applicant or other
affected person. The applicant or other affected person may appeal the decision. The appellant shall pay the cost, if
any, of the appeal.
(b)In connection with any action taken pursuant to paragraph (2) or (3) of subdivision (a), a city, county, or city and
county shall do all of the following:
(1)Upon the request of an applicant, provide a list of the permits and fees that are required by the city, county, or city
and county, including information about other permits that may be required by other departments in the city, county,
or city and county, or by other public agencies. The city, county, or city and county shall, upon request of any
applicant, also provide information about the anticipated length of time for reviewing and processing the permit
application.
(2)Upon the request of an applicant, provide information on the breakdown of any individual fees charged in
connection with the issuance of the permit.
(3)If a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final
cost to the applicant of the permit, and procedures for receiving a refund from the portion of the deposit not used.
(c)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.
(d)Use of asingle-family dwelling for the purposes of a 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 Housing Law), or for
purposes of local building and fire codes.
(e)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 fire 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 of fire and life safety in large family day care homes which shall be published in Title 24 of the
California Code of Regulations. These standards shall apply uniformly throughout the state and shal- include, but not
be limited to: (1) the requirement that a large family day care home contain a fire extinguisher or smoke detector
device, or both, which meets standards established by the State Fire Marshal; (2) specification as to the number of
required exits from the home; and (3) specification as to the floor or floors on which day care may be provided.
Enforcement of these provisions shall be in accordance with Sections 13145 and 13146. No city, county, city and
county, or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire
and life safety in large family day care homes which is inconsistent with those standards adopted by the State Fire
Marshal, except to the extent the building ordinance or local rule or regulation applies to single-family residences in
which day care is not provided.
(f)The State Fire Marshal shall adopt the building standards required in subdivision (d) and any other regulations
necessary to implement this section.
Section: 1597.465
A large family day care home may provide care for more than 12 children and up to and including 14 children, 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 three infants are cared for during any time when more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for two additional schoolage children and that there may be
up to 13 or 14 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.
Section: 1597.467
(a) Whenever any licensee under this chapter has reasonable cause to believe that a child in his or her care has
suffered any injury or has been subjected to any act of violence while under the licensee's care, the licensee shall, as
soon as possible, report that injury or act of violence to the parent, parents, or guardian of that child.
(b) (1) A report shall be made to the department by telephone or fax during the department's normal business hours
before the close of the next working day following the occurrence during the operation of a family day care home of
any of the following events:
(A) Death of any child from any cause.
(B) Any injury to any child that requires medical treatment.
(C) Any unusual incident or child absence that threatens the physical or emotional health or safety of any child.
(2) In addition to the report required pursuant to paragraph (1), a written report shall be submitted to the department
within seven days following the occurrence of any events specified in paragraph (1). The report shall contain all of the
following information:
(A) Child's name, age, sex, and date of admission.
(B) Date and nature of the event.
(C) Attending physician's name and findings and treatment, if any.
(D) Disposition of the case.
(c) The department may develop the report form to be used for reporting purposes pursuant to this section, and shall
maintain all reports filed under this section in a manner that allows the department to report the data to the
Legislature.
(d) The failure of a licensee to report, as prescribed by this section, any injury of, or act of violence to, a child under
the licensee's care may be grounds for the suspension of his or her license pursuant to this chapter, but shall not
constitute a misdemeanor.
(e) Nothing in this section shall relieve any licensee of any obligation imposed by other law including, but not limited
to, laws relating to seeking medical attention for a child or reporting suspected child abuse.
Section: 1597.47
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 for children of 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. The provisions of this chapter also shall not be 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.
Section: 1597.52
(a) Licensing reviews of a family day care home for children shall be limited to health and safety considerations and
shall not include any reviews of the content of any educational or training programs of the facility.
(b) No home shall be licensed or registered as a large family day care home after January 1, 1984, unless the
provider has at least one year's experience as a regulated small family day care home operator or as an
administrator of a licensed day care center. The director may waive this requirement upon a finding that the applicant
has sufficient qualifying experience.
Section: 1597.53
No family day care home for children shall be licensed under Chapter 3 (commencing with Section 1500), but shall be
subject to licensure exclusively in accordance with this chapter and Chapter 3.4 (commencing with Section 1596.70)
which shall apply to family day care homes.
Section: 1597.531
(a) All family day care homes for children shall maintain in force either liability insurance covering injury to clients and
guests in the amount of at least one hundred thousand dollars ($100,000) per occurrence and three hundred
thousand dollars ($300,000) in the total annual aggregate, sustained on account of the negligence of the licensee or
its employees, or a bond in the aggregate amount of three hundred thousand dollars ($300,000). In lieu of the liability
insurance or the bond, the family day care home may maintain a file of affidavits signed by each parent with a child
enrolled in the home which meets the requirements of this subdivision. The affidavit shall state that the parent has
been informed that the family day care home does not carry liability insurance or a bond according to standards
established by the state. If the provider does not own the premises used as the family day care home, the affidavit
shall also state that the parent has been informed that the liability insurance, if any, of the owner of the property or the
homeowners' association, as appropriate, may not provide coverage for losses arising out of, or in connection with,
the operation of the family day care home, except to the extent that the losses are caused by, or result from, an
action or omission by the owner of the property or the homeowners' association, for which the owner of the property
or the homeowners' association would otherwise be liable under the law. These affidavits shall be on a form provided
by the department and shall be reviewed at each licensing inspection.
(b) A family day care home that maintains liability insurance or a bond pursuant to this section, and that provides care
in premises that are rented or leased or uses premises which share common space governed by a homeowners'
association, shall name the owner of the property or the homeowners' association, as appropriate, as an additional
insured party on the liability insurance policy or bond if all of the following conditions are met:
(1) The owner of the property or governing body of the homeowners' association makes a written request to be added
as an additional insured party.
(2) The addition of the owner of the property or the homeowners' association does not result in cancellation or
nonrenewal of the insurance policy or bond carried by the family day care home.
(3) Any additional premium assessed for this coverage is paid by the owner of the property or the homeowners'
association.
(c) As used in this section, "homeowners' association" means an association of a common interest development, as
defined in Section 1351 of the Civil Code.
Section: 1597.54
All family day care homes for children, shall apply for a license under this chapter, except that any home which on
June 28, 1981, had a valid and unexpired license to operate as a family day care home for children under other
provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license at which
time a new license may be issued upon fulfilling the requirements of this chapter.
An applicant for licensure as a family day care home for children shall file with the department, pursuant to its
regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the
following:
(a) A brief statement confirming that the applicant is financially secure to operate a family day care home for children.
The department shall not require any other specific or detailed financial disclosure.
(b) (1) Evidence that the small family day care home contains a fire extinguisher or smoke detector device, or both,
which meets standards established by the State Fire Marshal under subdivision (d) of Section 1597.45, or evidence
that the large family day care home meets the standards established by the State Fire Marshal under subdivision (d)
of Section 1597.46.
(2) Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire
drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be
maintained at the facility on a form prepared by the department and shall include the date and time of the drills.
(c) The fingerprints of any applicant of a family day care home license, and any other adult, as required under
subdivision (b) of Section 1596.871.
(d) Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any
adult in the home during the time that children are under care.
(e) Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4
(commencing with Section 1596.70) and the regulations adopted pursuant to those chapters.
(f) Evidence satisfactory to the department that the applicant and all other persons residing in the home are of
reputable and responsible character. The evidence shall include, but not be limited to, a criminal record clearance
pursuant to Section 1596.871, employment history, and character references.
(g) Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in
the denial of the application. Failure to cooperate means that the information described in this section and in
regulations of the department has not been provided, or not provided in the form requested by the licensing agency,
or both.
(h) Other information as may be required by the department for the proper administration and enforcement of the act.
Section: 1597.541
(a) The department shall adopt regulations regarding age-appropriate immunization requirements for enrolled
children for family day care homes.
(b) All family day care homes for children shall maintain evidence that enrolled children have met the age-appropriate
immunization requirements adopted pursuant to this section.
Section: 1597.542
(a) The Division of Child Care Licensing in the department shall clearly differentiate degrees of violations of the
regulations adopted for purposes of this chapter by the impact upon children in care.
(b) The department shall implement this section only to the extent funds are available in accordance with Section
18285.5 of the Welfare and Institutions Code.
Section: 1597.55a
Every family day care home shall be subject to unannounced visits by the department as provided in this section. The
department shall visit these facilities as often as necessary to ensure the quality of care provided.
(a)The department shall conduct an announced site visit prior to the initial licensing of the applicant.
(b)The department shall conduct an annual unannounced visit to a facility under any of the following circumstances:
(1)When a license is on probation.
(2)When the terms of agreement in a facility compliance plan require an annual evaluation.
(3)When an accusation against a licensee is pending.
(4)In order to verify that a person who has been ordered out of a family day care home by the department is no longer
at the facility.
(c)(1)The department shall conduct annual unannounced visits to no less than 20 percent of facilities not subject to
an evaluation under subdivision (b). These unannounced visits shall be conducted based on a random sampling
methodology developed by the department.
(2)If the total citations issued by the department exceed the previous year's total by 10 percent, the following year the
department shall increase the random sample by 10 percent of the facilities not subject to an evaluation under
subdivision (b). The department may request additional resources to increase the random sample by 10 percent.
(d)Under no circumstance shall the department visit a licensed family day care home less often than once every five
years.
(e)A public agency under contract with the department may make spot checks if it does not result in any cost to the
state. However, spot checks shall not be required by the department.
(f)The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a
followup visit as provided in Section 1596.853.
(g)An unannounced site visit shall adhere to both of the following conditions:
(1)The visit shall take place only during the facility's normal business hours or at any time family day care services
are being provided.
(2)The inspection of the facility shall be limited to those parts of the facility in which family day care services are
provided or to which the children have access.
(h)The department shall implement this section during periods that Section 1597.55b is not being implemented in
accordance with Section 18285.5 of the Welfare and Institutions Code.
Section: 1597.55b
No site visits, unannounced visits, or spot checks, shall be made under this chapter except as provided in this
section.
(a) An announced site visit shall be required prior to the licensing of the applicant.
(b) A public agency under contract with the department may make spot checks if they do not result in any cost to the
state. However, spot checks shall not be required by the department.
(c) An unannounced site visit to all licensed family day care homes shall be made annually and as often as necessary
to ensure compliance.
(d) The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a
followup visit as provided in Section 1596.853. At no time shall other site visit requirements described by this section
prevent a timely site visit response to a complaint.
(e) The department shall annually make unannounced spot visits on 20 percent of all family day care homes for
children licensed under this chapter. The unannounced visits may be made at any time, and shall be in addition to the
visits required by subdivisions (b) and (c).
(f) An unannounced site visit shall comply with both of the following conditions:
(1) The visit shall take place only during the facility's normal business hours or at any time family day care services
are being provided.
(2) The inspection of the facility shall be limited to those parts of the facility in which family day care services are
provided or to which the children have access.
(g) The department shall implement this section only to the extent funds are available in accordance with Section
18285.5 of the Welfare and Institutions Code.
Section: 1597.56
(a) The department shall notify a family day care home in writing of all deficiencies in its compliance with this act and
the rules and regulations adopted pursuant to this act, and shall set a reasonable length of time for compliance by the
family day care home. Upon a finding of noncompliance with a plan of correction, the department may levy a civil
penalty that shall be paid to the department each day until the department finds the family day care home in
compliance.
(b) In developing a plan of correction, both the licensee and the department shall give due consideration to the
following factors:
(1) The gravity of the violation.
(2) The history of previous violations.
(3) The possibility of a threat to the health or safety of any child in the facility.
(4) The number of children affected by the violation.
(5) The availability of equipment or personnel necessary to correct the violation, if appropriate.
(c) The department shall ensure that the licensee's plan of correction is verifiable and measurable. The plan of
correction shall specify what evidence is acceptable to establish that a deficiency has been corrected. This evidence
shall be included in the department's facility file.
(d)The department shall adopt regulations establishing procedures for the imposition of civil penalties under this
section
Section: 1597.57
The department shall do all of the following:
(a) Develop and utilize one application form for all family day care homes for children requesting a new license.
(b) Establish for parents a consumer education program annually on the law and regulations governing family day
care homes for children under this chapter and the role of the state and other public entities and local associations in
relation to family day care homes for children. In planning this program, the department shall seek the assistance of
other public entities and local associations.
(c) Administer an orientation program for new operators of family day care homes for children that may be conducted
directly by the department or by contract with local governments or family day care home associations.
Section: 1597.58
(a)In addition to the suspension, temporary suspension, or revocation of a license issued under this chapter, the
department may levy a civil penalty.
(b)The amount of the civil penalty shall not be less than twenty-five dollars ($25) nor more than fifty dollars ($50) per
day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the
violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the
department. In no event shall a civil penalty assessment exceed one hundred fifty dollars ($150) per day per violation.
(c)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56, and 1597.62 the department shall assess an immediate
civil penalty of one hundred fifty dollars ($150) per day per violation for any of the following serious violations:
(1 )Any violation that results in the injury, illness, or death of a child.
(2)Absence of supervision, including, but not limited to, a child left unattended, a child left alone with a person under
18 years of age, and lack of supervision resulting in a child wandering away.
(3)Accessible bodies of water.
(4)Accessible firearms, ammunition, or both.
(5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a and
1597.55b.
(6)The presence of an excluded person on the premises.
(d)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56 and 1597.62, any family day care home that is cited for
repeating the same violation of this chapter or Chapter 3.4 (commencing with Section 1596.70), within 12 months of
the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars ($150) and may
be assessed up to fifty dollars ($50) for each day the violation continues until the deficiency is corrected.
(e)Any family day care home that is assessed a civil penalty under subdivision (d) that repeats the same violation of
this chapter within 12 months of the violation subject to subdivision (d) shall be assessed an immediate assessment
of up to one hundred fifty dollars ($150) and may be assessed up to one hundred fifty dollars ($150) for each day the
violation continues until the deficiency is corrected.
(f)Notwithstanding any other provision of law, revenues received by the state from the payment of civil penalties
imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4 (commencing with Section
1596.70), shall be deposited in the Child Health and Safety Fund, created pursuant to Chapter 4.6 (commencing with
Section 18285) of Part 6 of Division 9 of the Welfare and Institutions Code, and shall be expended, upon
appropriation by the Legislature, pursuant to subdivision (f) of Section 18285 of the Welfare and Institutions Code
exclusively for the technical assistance, orientation, training, and education of licensed family day care home
providers.
Section: 1597.59
The department and the local agencies with which it contracts for the licensing of family day care homes for children
shall grant or deny a license to a family day care home for children within 30 days after receipt of alt appropriate
licensing application materials as determined by the department, provided both of the following conditions are met:
(a) A site visit has been completed and the family day care home has been found to be incompliance with licensing
standards.
(b) The applicant and each person described by subdivision (b) of Section 1596.871 has obtained a criminal record
clearance, or been granted a criminal record exemption by the department or the local contracting agency.
The department shall conduct an initial site visit within 30 days after the receipt of all appropriate licensing application
materials.
Section: 1597.61
(a) When the department determines that a family day care home for children is operating without a license and
notifies the unlicensed provider of the requirement for the license, the licensing agency may issue a cease and desist
order only if it finds and documents that continued operation of the facility will be dangerous to the health and safety
of the children or if a license held by the facility has been revoked by the department within two years preceding the
determination of unlicensed operation. In all other cases where the licensing agency determines such a facility is
operating without a license and notifies the unlicensed provider of the requirements for the license, the licensing
agency may issue a cease and desist order only if the unlicensed provider does not apply for a license within a
reasonable time after the notice.
(b) If an unlicensed family day care home fails to respond to a cease and desist order issued pursuant to subdivision
(a), or if the department determines it necessary to protect the immediate health and safety of the children, the
licensing agency may bring an action to enjoin such a home from continuing to operate pursuant to Section 1596.89.
(c) The district attorney of a county shall, upon application by the department, institute and conduct the prosecution of
any action brought by the licensing agency against an unlicensed family day care home located in that county.
Section: 1597.62
(a) The department may impose civil penalties of not less than twenty-five dollars ($25) and not more than fifty dollars
($50) per day per violation for uncorrected violations that present an immediate or potential risk to the health and
safety of children in care. The penalties shall be imposed in accordance with Sections 1596.893b and 1597.56.
(b) The department shall implement this section only to the extent funds are available in accordance with Section
18285.5 of the Welfare and Institutions Code.
Section: 1597.621
Family day care homes that, on December 31, 1983, have a valid unexpired registration to operate as a family day
care home for children pursuant to Section 1597.62 in one of the pilot counties shall be deemed to be issued a family
day care license effective January 1, 1984. Licensure pursuant to this section shall not require a visit pursuant to the
requirement set forth in subdivision (a) of Section 1597.55. However, all other requirements of licensing shall
continue to be met. Complaint and revocation procedures may be enforced.
ATTACHMENT F
Tustin City Code Section 9271aa1
9271 as
Child Care Facilities
1.
Family Day Care Home
Family day care homes, including large family day care and small family day care
homes, shall operate in accordance with the California Code: Health and Safety
Code. All day care homes are subject to the regulations adopted and enforced by
the State Fire Marshal and Orange County Fire Authority and must comply with the
provisions of the State Uniform Building Code and City of Tustin Building
requirements.
Large family day care homes are also subject to the following provisions:
(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.
(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.
(c)
A permit shall not be granted for a large family day care home that would be
established within three hundred (300) feet of the exterior property boundaries of
any existing licensed large family day care home.
(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.
(e)
No hearing on the application fora 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.
(f)
The play yard of the home must be enclosed by a minimum six-foot high fence
setback from the required front yard.
(9)
A permit for a large family day care home shall not be granted for any location that
has on the property a swimming pool as defined by the Uniform Swimming Pool,
Spa and Hot Tub Code, as adopted.
(h)
The applicant shall be licensed, or deemed to be exempt from licensure by the
State of California, to operate a large family day care home.
(~)
The provisions contained in this Chapter shall not preclude the City from revoking
any permit granted for a large family day care home. Proceedings may be
conducted by the Planning Commission to determine if said use is being operated
in a manner that may be detrimental to the health, safety or welfare of the
community or surrounding properties.
ATTACHMENT G
Planning Commission Resolution No. 4174
RESOLUTION 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 9271aa1(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.
I. 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 Califomia 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 ActJ.
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.
~, I
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 certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 4174 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 14th day of June, 2011.
-~ ----__
ELIZABETH A. BINSACK
Planning Commission Secretary
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 ff 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 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 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.
URCE CODES
(1) STANDARD CONDITION
(2) CEQA MITIGATION
(3) UNIFORM BUILDING CODES
(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 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 issuance of
an administrative citation pursuant to Section 1162(a) of the Tustin City
Code. 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 Califomia Health and Safety
Code.
Resolution No. 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 spick-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.
(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.
ATTACHMENT H
Appeal Request
rom: Deborah Gavello [mailto:dgavello@hotmail.com]
Sent: Monday, June 20, 2011 3:17 PM
To: Binsack, Elizabeth
Subject: RE: Item request to bring to council
Too much traffic, and too much noise for the neighbors.
The drop off times, won't work, people will run late on both ends.
Show me in the city where we have these, and let me talk to neighbors on how it works for them?
Thanks Elizabeth.
~ ebo~-a,h. C~ a~velLQ-
Subject: RE: Item request to bring to council
Date: Mon, 20 Jun 2011 14:40:47 -0700
From: EBinsack@tustinca.org
To: dgavello@hotmail.com; PEstrella@tustinca.org
Deborah:
I did receive your appeal e-mail. We will let the applicant know that the item has been appealed. Are
there specific issues and/or conditions that you have concerns with so that we can address those in the
staff report.
Thank you.
Elizabeth
From: Deborah Gavello [mailto:dgavello@hotmail.com]
Sent: Friday, June 17, 2011 11:44 AM
To: Binsack, Elizabeth; Estrella, Patty
Subject: Item request to bring to council
Dear City Clerk,
I request the item on allowing a day care of up to 14 children to brought forward to
the entire city council.
I have concerns on this item.
This is 2011-08 from the last Planning Commission meeting.
Please confirm receipt.
Thank you,
Debvrah.Gavello-
ATTAHMENT
City Council Resolution No. 11-56
RESOLUTION NO. 11-56
A RESOLUTION OF THE CITY COUNCIL 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 City Council of the City of Tustin does hereby finds and resolves 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 9271aa1(e) and Section 1597.46(a)(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.
City Council Resolution No. 11-56
LFD 2011-01
Page 2
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. The Planning Commission adopted
Resolution No. 4163, approving the Large Family Day Care Permit 2011-01
after deliberation and amendment to the conditions of approval to address
their general concerns regarding on-site operations related to traffic control,
parking, noise, and child-safety.
J. That on June 17, 2011, an appeal of the Planning Commission's decision to
approve Large Family Day Care Permit 2011-01 was filed by Councilmember
Gavello due to concerns related to traffic, noise, and drop off times.
K. That a public hearing was duly called, noticed, and held for said appeal on
August 2, 2011, by the City Council.
L. 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
City Council Resolution No. 11-56
LFD 2011-01
Page 3
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 17362 Laurie Lane has been licensed
by the State of California since June 20, 2005. 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.
M. 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 City Council 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 City Council of the City of Tustin at a regular meeting
held on the 2"d day of August, 2011.
JERRY AMANTE
MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
City Council Resolution No. 11-56
LFD 2011-01
Page 4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 11-56 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 2"d day of
August, 2011 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
CITY CLERK
EXHIBIT A
RESOLUTION NO. 11-56
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 August 2, 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 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 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. 11-56
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 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 issuance of
an administrative citation pursuant to Section 1162(a) of the Tustin City
Code. 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 No. 11-56
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.
(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. 11-56
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 spick-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.