HomeMy WebLinkAboutPC RES 32951 RESOLUTION NO. 3295
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, AUTHORIZING THE OPERATION OF A LARGE-
FAMILY DAY CARE HOME AT 13792 MALENA DRIVE, TUSTIN,
CALIFORNIA.
The Planning Commission does hereby resolve as follows:
I ·
The Planning Commission finds and determines as follows:
A. That a proper application has been filed by Leslie
Ann Mitchell to permit the operation of a large-
family day care home at 13792 Malena Drive.
Be
That a public hearing was duly noticed, called and
held on the subject application on August 8, 1994,
by the Planning Commission.
Ce
That the project has been determined to be
Categorically Exempt (Class 1) pursuant to Section
15301 of the California Environmental Quality Act.
Do
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, evidence~ 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.
3.. Ail property owners within a 100 foot radius of
the exterior property boundary were notified of
the intent to establish this home.
·
The proposed day care home has been inspected
by the City's Building Division to assure
compliance with required fire prevention
regulations.
·
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.
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Resolution No. 3295
Page 2
·
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.
·
The applicant has applied for a license with
the State of California.
II. The Planning Commission hereby approves a permit
authorizing the operation of a large-family day care home
at 13792 Malena Drive, subject to the following
conditions.
ae
The applicant shall maintain a current license with
the State Department of social Services for a large-
family day care home for a maximum of twelve (12)
children.
B,
The applicant shall maintain two (2) parking spaces
in the garage at 13792 Malena Drive for the purpose
of parking vehicles.
Ce
D·
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.
The applicant shall provide a copy of Exhi6it A -
Parking Exhibit, attached hereto, for the Large-
Family Day Care Home to all users of the large-
family day care home.
E,
The applicant shall hold harmless and defend the
City of Tustin for all claims and liabilities
arising out of the City's approval of the
entitlement process for this large-family day care
site.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 8th day of August, 1994.
Secretary
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Resolution No. 3295
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. 3295 was duly passed
and adopted at a regular meeting of the Tustin Planning
Commission, held on the 8th day of August, 1994.
Recording Secretary