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HomeMy WebLinkAboutPC RES 350510 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3505 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING THE OPERATION OF A LARGE-FAMILY DAY CARE HOME AT 1382 LANCE DRIVE, TUSTIN, CALIFORNIA.. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: That a proper application has been filed by Azra A. Malik to permit the operation of a large-family day care home at 1382 Lance Drive. B o That the project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. Co That the establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: . The proposed day care home by design, location and layout will not constitute a noise nuisance to neighboring properties. . The day care home is not within 300 feet of the exterior boundary of any existing large-family day care home. o Ail property owners within a 100 foot radius of the exterior property boundary were notified of the intent to establish this home. , No property owner within a 100 foot radius of the proposed large family day care home submitted a valid protest based on adverse impacts related to traffic, parking, noise, or overconcentration of large family day care homes. 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3505 Page 2 . The proposed day care home has been inspected by the City's Building Division to ensure compliance with required fire prevention regulations and Condition 1.6 requires the applicant to complete specified improvements prior to commencing operation of the large family day care facility. · The play yard of the proposed home is enclosed by a six-foot high fence which is setback from the required front yard. · The proposed home does not have a swimming pool. · The proposed home provides adequate off- street parking areas and has adequate drop-off and/or pick-up facilities both on-site and off-site which will avoid interference with traffic and promote the safety of children. . Condition 1.7 requires the applicant to obtain and show proof of a license with the State of California prior to commencing operation of a large family day care facility. II. The Planning Commission hereby approves a permit authorizing the operation of a large-family day care home at 1382 Lance Drive, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 9th of December, 1996· Chairperson 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3505 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3505 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of December, 1996. Bi~[RB~ RE~fES ' ~/ Recor~in~ Secretary EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3505 DECEMBER 9, 1996 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted application for the project date stamped November 12, 1996, on file with the Community Development Department, .as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code or other applicable rDgulations. (1) 1.2 Approval of Large Family Day Care 96-001 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. The applicant shall not commence operation of the large family day care facility at 1382 Lance Drive until the form is submitted to the Director of Community Development. (1) 1.3 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. *** 1.4 The applicant shall maintain two (2) parking spaces in the garage and two (2) parking spaces and an loading/unloading area in the driveway at 1382 Lance Drive. Personal storage may occur in the garage only to the extent that vehicles can be parked within the garage as required by the Tustin City Code. The applicant shall develop and have approved by the Director of Community Development a site plan to be distributed to employees and parents of children enrolled in the day care facility which indicates acceptable locations for unloading and loading children, client (parent) parking, and employee parking. SOURCE CODES (1) STANDARD CONDITION REQUIREMENT (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) RESPONSIBLE AGENCY ( 6 ) LANDSCAPING GUIDELINES (7) PC/CC POLICY Exhibit A Conditions of Approval Resolution No. 3505 December 9, 1996 Page 2 (1) 1.5 The applicant shall operate the day care home in compliance with the City's Noise Ordinance, which limits exterior noise levels to a maximum of 55 dB(A) between 7:00 a.m. and 10:00 p.m. (3) 1.6 Prior to commencing operation of a large-family day care facility, the applicant shall comply with the following items: a . Applicant shall submit a site plan for approval by the Community.Development Department which shows the following items: . o The location and dimensions of two exit doorways, one of which may be a sliding glass door, and exitways. All exit doors shall be a minimum of 36" with 32" clear width and 6'8" clear height and shall be operable from the inside without the use of a key or special knowledge or effort. Exit ways shall not pass through the garage and exit pathways shall be continuous to an area of safe refuge [public right-of-way or 50' from structure with three (3) square feet per child]. The number and location of smoke detectors of a single station residential type as 'determined on inspection. The location a fire extinguisher with a minimum rating of 2A. The fire extinguisher shall be wall mounted, the top of which shall be between three (3) and five (5) feet from the floor, easily accessible, and near the day care area. The location of a fire alarm attached to the structure. The alarm shall be distinctive in tone, audible throughout the structure, and maintained in an operable condition. Exhibit A Conditions of Approval Resolution No. 3505 December 9, 1996 Page 3 , The applicant shall submit an emergency evacuation plan indicating two separate paths of egress to be approved by the Community Development Department. The approved emergency evacuation plan shall be posted in the day care area. o The applicant shall obtain building permits for the patio cover and storage room at 1382 Lance Drive. o The applicant shall remove all debris stored in the side yard areas and areas used by children. Removal of debris shall be verified by a building inspector. (1) 1.7 Prior to commencing operation of a large-family day care facility, the applicant shall obtain a license from the State Department of Social Services for a large-family day care home and show proof of the license to the Director of Community Development. (1) 1.8 The applicant shall modify this permit to expand the large family day care home to accommodate more than twelve (12) children. FEES (1) 2.1 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) to enable the City to file the appropriate environmental documentation for the project. If. within such forty-eight (48) hour period that 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.