HomeMy WebLinkAboutCC RES 11-56RESOLUTION NO. 11-56
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, 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
I. 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 Residen#ial," which
provides for the establishment of large family day care homes, when in
compliance with local ordinances.
G. That all property owners within a 140 foot radius of the exterior property
boundary of the site were notified of the in#ent to establish a large family day
care home. Pursuant to TCC Section 9271 as 1 {e) and Section 1597.46{a}(3) of
the State Health and Safety Code, a hearing of the large family day care home
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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. 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 properly.
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.
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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 overconcentra#ion
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 (OFD) 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 on the 2"d day of August, 2011.
---~~ ,-~
JERRY AMANTE,
Mayor ,
Resolution 11-58
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ATTEST:
~ - _ __..
PAMELA STO ,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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"~
day of August, 2011, by the following vote:
COUNCILMEMBER AYES: Amante, Nielsen, Gavello, Gomez, Murray (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
Resalutian 11-56
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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 2411-01 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 ApprovaP` 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.
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SOURCE CODES
(1) STANDARD GONDITION
(2) CEQA MITIGATION
(3} UNIFORM BUILDING CODES
(4} DESIGN REVIEW
*** EXCEPTIONS
(5) RESPONSIBLE AGENCY
REQUIREMENTS
(6} LANDSGAPING GUIDELINES
(7} PG/CC POLICY
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 OFD 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 andJor 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.
BUDDING 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.
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USE RESTRICTIONS
(1) 3.1 The maximum number of children cared for in the large family day care
home shall be 14, or as defined by the State of California Health and Safety
Code.
(5) 3.2 If the applicant employs any persons not residing at 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. (See Tustin City Code § 92638 (Table 1).)
(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 accommoda#ion of vehicles for 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. (See Tustin City Code § 9263g (Table 1).)
{1) 3.6 Drop-off and pick-up times for each child/vehicle shall be staggered by at
least ten (10) minutes to prevent an averconcentration 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. (See Tustin City Code § 9263g
(Table 1) and ~ 92711 aa1(b).)
{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
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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.
(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
a pick-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. (See
Tustin City Code § 9263g (Table 1) and § 92711 aa1(b).)
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 Ct?UNTY 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.
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