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HomeMy WebLinkAboutPOWERPOINT -LARGE FAMILY DAYCARE40 f 1 Hearing and Appeal On June 14, 2011, the City of Tustin Planning Commission held a hearing and adopted Resolution No. 4174 approving Large Family Daycare (LFD)2011-01with conditions. On June 17, 2011, the City Clerk received an appeal of LFD 2oii-oi which was filed by Councilmember Gavello due to concerns regarding traffic, noise, and drop off times Project Location ----------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------- Single Family Residential (R-1) zoning district Low Density Residential General Plan land use designation The applicant (Ms. Dorkis Hernandez) has operated a licensed small family day care (8 children max.) without incident since 2005. ..� dq low- s r. vs ISK VONAf. O V., r F III I - s - • Site Plan 2,192 square foot home 7,20o square foot lot Lot Dimensions 72'X loo' 4 bedrooms 3 car garage Over l,000 square feet open space in the rear yard Project Description Proposed upgrade from existing Small Family Day Care (8 children) to Large Family Daycare (14 children). Proposed hours of operation Monday - Friday, 7:oo a.m. - 6:oo p.m. Parents drop-off and pick-up children at different times throughout the day Some children are from same family and some are picked up or dropped off by applicant One (1) non-resident employee works at the facility State Law Requirements ---------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- State Health and Safety Code Section 1597.46 disallows a city from prohibiting large family day care homes (up to 14 children) on lots zoned for single-family dwellings. State law does allow cities the option of requiring a large family day care home to obtain a permit. However, the permit must 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. TCC Implementation of State Law 101 Pursuant to State law, large family day care homes are a permitted use in the Single -Family district subject to prior approval of Permit (TCC Section 9223a6). Residential (R-1) zoning a Large Family Day Care Pursuant to State law, notification of owners within 10o feet of the proposal was accomplished (TCC Section 927iaai(d)). Pursuant to State law, no hearing on the application is required unless requested (TCC Section 927iaai(e)). Prior to the PC meeting, the City received written correspondence from 4 property owners in opposition to the project, 3 of which requested a hearing. Family Day Care Homes 101 Again, State law allows the City to regulate LFD homes with regards to 4 issues: i. Spacing and concentration 2. Traffic control 3. Parking 4. Noise control Zoning Code Requirements Spacing and Concentration - LFD's shall not be established within 300' of another LFD facility (TCC Section 9271aal(c) . The next closest LFD is located on Marshall Lane more than 30o' away from the subject property. 7d Compliance with State Law Traffic Control - Proposed Condition 3.6 requires Drop-off and pick-up times for each child to be staggered by at least ten (1o) minutes to prevent an overconcentration of vehicles at the site at any given time. The applicant is also required to prepare and keep current apick-up and drop-off schedule and make it available to the City upon request. The schedule must ensure that no more than one (i) vehicle is scheduled to pick up or drop off during any io- minute period. The applicant must 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. Compliance with State Law Parking - TCC Section 8263 requires i parking space for each nonresident employee plus adequate drop off area The existing residence maintains a 3 car garage with a parking space designated for the employee on the driveway. Parents dropping off may pull onto the available space on the driveway or may temporarily use street parking pursuant to the traffic requirements above. Compliance with State law Noise Control TCC Section 4614 requires that noise in residential areas not exceed 55 dB between the hours of 7: o o a.m. and 10.00 p.m. The LFD is required to comply. Compliance With Other City Codes (D' A minimum 6' high fence is required to enclose the play area The applicant has made improvements to the existing block wall to bring it into compliance with this requirement No swimming pool or spa maybe on the property The applicant recently demolished and filled the pool that was on the subject property to bring it into compliance Zoning Code Requirements 101 The applicant shall be licensed by the State of California The applicant's application upgrade of the existing small family day care license to a LFD license is pending City issuance of a LFD permit. All day care homes must comply with regulations of the State Fire Marshall and Uniform Bldg. Code The State requires clearance from OCFA for the facility. The City's Building Division performed an inspection of the residence and required improvements such as smoke detectors and carbon monoxide detectors have been installed Planning Commission Action On June 14, 2011, the City of Tustin Planning Commission held a hearing and adopted Resolution No. 4174 approving LFD 2oli-ol with conditions As conditioned, the proposed Large Family Daycare would operate consistent with State law and similar to other Large Family Daycare permits previously issued throughout the City. Failure to comply with the conditions of approval could result in the revocation of an approved permit. Public Comments Correspondence received appeal are as follows: (D, on the LFD application and Four (4) pieces of written correspondences were received by the City prior to Planning Commission hearing. Three (3) of those letters requested a hearing. On July 6 and July 28, 2011, Councilmember Gavello requested information from Community Development regarding the location of existing LFD permits and associated pertinent information. This information was also shared with all other City Council members. 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. On July 26 and 27, 2011, six (6) additional correspondences were received. One letter requested consideration and imposition of reasonable restrictions on the proposed day care and five (5) letters support the proposed day care. Recommendation That the Tustin City Council adopt Resolution No. 11-56 upholding the Planning Commission's action and approving Large Family Daycare Permit 2011-01 to operate a large family day care home, caring for up to fourteen (i4) children in an existing residence located at 17362 Laurie Lane.