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HomeMy WebLinkAbout02 CUP 02-016Report to the ITEM #2 Planning Commission DATE: SUBJECT: APPLICANT/ PROPERTY OWNERS' LOCATION: ZONING: ENVIRONMENTAL STATUS' REQUEST: JANUARY 13, 2003 CONDITIONAL USE PERMIT 02-016 MIRANDA AND ALLAN BERNSTEIN 13844 COMANCHE TUSTIN, CA 92782 13844 COMANCHE PLANNED COMMUNITY RESIDENTIAL SECTION 1597.46 OF THE CALIFORNIA HEALTH AND SAFETY CODE EXEMPTS A LARGE FAMILY DAYCARE HOME FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAYCARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN RECOMMENDATION- That the Planning Commission adopt Resolution No. 3857 approving Conditional Use Permit 02-016 to establish a large family daycare home caring for up to fourteen (14) children. BACKGROUND: The applicant is currently licensed with the State of California Community Care Licensing Agency for a small family daycare home caring for up to six (6) children with no more than 3 infants, or four infants only, or eight (8) children when two (2) are at least six (6) years of age with a maximum two infants. The applicant is requesting Planning Commission Report CUP 02-016 January 13, 2003 Page 2 of 7 approval to establish a large family daycare caring up to fourteen (14) children at their residence. The residence is located within a private community in the East Tustin Phase I Single Family Residential District and in the Shadowbrook Homeowners Association. The private community is developed with detached single-family homes (Attachment I - Location Map). The East Tustin Phase I District Regulations do not specifically regulate family daycare homes, however, Section IV of the District Regulations indicates that any land use proposal not specifically covered by the provisions of the East Tustin Phase 1 District Regulations would be subject to the regulations of the Zoning Code, which requires approval of a Conditional Use Permit if the family daycare is located within a residential district. The provisions of the Tustin City Code Section 9223.a.6 have been followed in reviewing this application. In accordance with Section 1597.43 of the California State Health and Safety Code, family daycare homes operated in accordance with State Law constitute an accessory use of a residentially zoned property and do not fundamentally alter the nature of underlying residential uses. While Section 1597.46 of the California Health and Safety Code prohibits local government from denying a large family daycare provided that the facility complies with State requirements related to the use of single-family residence for family daycare home, Section 1597.46(a)(3) of the same Code requires a large family daycare home to comply with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such home. Section 1597.46(a)(3) of the Health and Safety Code and Tustin City Code Section 9223.a.6 require notification of all property owners within a one-hundred (100) foot radius of the exterior boundaries of the of the proposed large family daycare home. The purpose of this notification is to allow the affected property owners to comment on the concentration of uses, traffic control, parking, and noise control. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected persons. On September 26, 2002, notices of the proposed large family daycare home were sent to property owners within a one hundred (100) foot radius. On October 3, 2002, a request for a hearing before the Planning Commission was received from Mr. Vic Bellaschi, a homeowner at 13839 Comanche (Attachment 2). In a phone conversation with staff, Mr. Bellaschi indicated concerns related to parking and safety of the children. Mr. Bellaschi indicated that as the daycare currently operates, often there are no street parking spaces available for his guests and that often children play on the street and he is concerned about their safety. He is also concerned if the number of children are to be increased to fourteen (14), a severe parking problems would occur and that the home would be too crowded to care for the fourteen (14) children. DISCUSSION The applicant has submitted plans and support letters from their current clients and adjacent property owners (Attachment 3). The applicant has also indicated that the Planning Commission Report CUP 02-016 January 13, 2003 Page 3 of 7 focus of their daycare is to assist children ages 6 years or older or grades 1-5 with homework tutoring and they have indicated the following operational conditions: · They will not care for infants or toddlers; · The hours of operation would be from 2:30 p.m. to 5:30 p.m.; · There are no drop-offs to daycare since these children will be picked-up from the school by the applicant; · The respective parents pick up these children at different times throughout the afternoon; · Many of the children are from the same families, thus parking spaces needed for the daycare would be minimal; · Letters from adjacent owners indicate that parents typically park immediately to the front of the subject daycare home for about two (2) to four (4) minutes at a time to pick up children; and, · No employees will be employed and that she and her husband are the only operators. Site and Surroundings The project site is located on a knuckle of Comanche and Cherokee streets. The closest main access to the home would be from Parkcenter Lane to Black Hawk Lane and to Comanche. Clients would need to make a U-turn or drive around the block to park immediately in front of the home. The existing 1,550 square foot home is setback fifteen (15) feet to twenty (20) feet from the front property line and has a two (2) car attached garage situated four feet from the side walk leaving no room for parking area in the driveway (Attachment 3 - Submitted Plans). Other than the existing two (2) car garage, there is no area to the front of the house that can be converted into additional on-site parking space. Zoning and Uniform Building Code Requirements Staff conducted an inspection at the residence to ensure that the residence complies with Uniform Building Code and Zoning Code requirements. The house has 2,650 square feet of back yard area, enclosed with block walls as required by Tustin City Code. The Tustin City Code also requires that no swimming pool, jacuzzi/spa, or any other water body shall be constructed at the site while the large family daycare home is in operation. At the time of inspection, a portable spa existed at the rear of the property. The applicant has indicated that this spa has been removed from the property. To verify that the spa has been removed, Condition No. 2.2 would require final inspection prior to commencing with the operation of a large family daycare home. The Tustin City Code also requires the applicant to obtain a license or deemed to be exempt from licensure by the State of California. The applicant currently holds a license from the State of California to care for up to eight (8) children. The applicant would Planning Commission Report CUP 02-016 January 13, 2003 Page 4 of 7 need to obtain a new license or upgrade their current license to allow for the caring of up to fourteen (14) children. Condition No. 3.5 of Resolution No. 3857 (Attachment 5) would require the applicant to obtain appropriate large family day care home licensing from the State of California and provide proof to the Community Development Department. The Tustin City Code requires a three (300) foot separation between large family daycare homes. Staff obtained listings of current licenses from the State Department of Social Services and found that there are no other large family daycare homes within three hundred (300) feet of the proposed site. Traffic The City's Traffic Engineer has evaluated the proposal and determined that potential traffic concerns associated with the project are related to vehicle turnarounds, parking, and circulation. Typically, for a maximum enrollment of fourteen (14) children with no employees, the use would generate an additional twenty-eight (28) trips per day. Of the twenty-eight (28) trips, fourteen (14) trips would occur during drop-offs and fourteen (14) trips would occur during pick-ups. However, the applicant has indicated that there will be no drop-offs since children will be picked-up from the school by the applicant. As such, the trips generated for the use would be reduced to a total of sixteen (16) trips which is considered to be minimal and will not adversely impact the current or future level of service on Park Center Lane. Comanche is identified as a local private street currently operating at a level of service (LOS) A and no impact is anticipated. However, Condition No. 3.10 would require the applicant to submit a traffic study and implement interim and permanent mitigation, if complaints are received and impacts are identified. Parking The applicant has indicated that no employees that do not reside at the subject home will be employed. Thus, no employee parking would be required. However, Condition No. 3.1 would require off-street parking should the applicant decide to hire persons not residing at the residence. The property is improved with a two (2) car attached garage. Although the applicant has indicated that the garage is often used as additional play area for the children, Condition No. 3.11 would ensure that the garage is to be used and available for parking of vehicles. There are three (3) on-street parking spaces immediately to the front of the property (Attachment 3 - Submitted Plans). The applicant has indicated that there will be no drop-offs since the children will be picked-up from school. Pick-ups occur between 2:45 p.m. to 5:30 p.m. Based on the current operations, it is anticipated that not all fourteen (14) children would depart at the same time. In addition, the applicant has agreed to implement a fifteen (15) minutes interval pick-up schedule to minimize traffic and parking in the area. Condition No. 2.1 would require the applicant to submit Planning Commission Report CUP 02-016 January 13, 2003 Page 5 of 7 an interval parking schedule to be reviewed and approved by the Community Development Director prior to operation of the large family daycare. Condition 3.10 would require the applicant to submit a traffic/parking study and implement interim and permanent mitigation, if complaints are received and impacts are identified. Noise The City Noise Ordinance limits exterior noise levels in residential areas between 7:00 a.m. and 10:00 p.m. to 55 dB(A). The potential increase in noise between eight (8) to fourteen (14) children is anticipated to be minimal. However, Condition No. 3.7 would require the applicant to comply with the Noise Ordinance at all times. Shadowbrook Homeowners Association (HOA) Concerns Although the HOA authorized the submittal of the application for daycare home for Grades 1-6 from 2:30 p.m. to 5:30 p.m., the HOA later expressed concerns and recommended the City apply conditions of approval (Attachment 4). In general, the HOA has concerns related to the use of the community pool, streets, compliance with CC&Rs rules and regulations, insurance requirements, and supervisions of the children. Staff consulted with the City Attorney and was advised that the City has very limited discretion in the review and approval of large family daycare homes. The City regulates large family daycare homes based on the provisions of the California State Health and Safety Code Section 1597.40(a)(3). Under this law, the City is obligated to approve the large family daycare home if the facilities complies with local ordinance prescribing reasonable standards, restrictions, and requirements concerning: (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control requirements (see above discussions for each respective standard and restriction). Therefore, although the City acknowledges HOA concerns, the City's discretion is limited only to those standards and restrictions allowed under the State Law and is prohibited from imposing other operational conditions. ANALYSIS As conditioned, the location and number of children to be cared for 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: . 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. Planning Commission Report CUP 02-016 January 13, 2003 Page 6 of 7 , , 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). The proposed large family day care use, as conditioned, would not be detrimental to, or have a negative effect on surrounding properties. Based on the following, the proposed use is consistent with the large family day care regulations in Section 9223 (a)(6) of the Tustin City Code, which identifies the location of large family day care facilities in residential zones as an appropriate location: 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) There are no other large family day care homes within three hundred (300) feet of the subject property. c) The residence at 13844 Comanche has been inspected by the Community Development Department and is in compliance with the California Uniform Building Code, as locally adopted. d) The play yard area is enclosed with a six (6) foot high fence. e) The existing portable spa has been removed from the site and there is no swimming pool existing on the site. The existing small family day care use at 13844 Comanche has been inspected and licensed by the State of California. The proposed large family day care, as conditioned, meets all the State of California requirements and would be subject to additional licensing and inspections by the State. g) The additional trips anticipated for the proposed use will not affect the current level of service on adjacent private and public roadways. h) As conditioned, the project will not employ employees that do not reside at the project site. If the applicant is to employ employees in the future, the applicant will be required to provide an off-street parking space for each employee, consistent with Tustin City Code Section 9223.a.6. Planning Commission Report CUP 02-016 January 13, 2003 Page 7 of 7 As conditioned, the proposed three (3) pick-up spaces located in front of the residence do not interfere with traffic and are safe for children since no children would be required to cross a street to enter or exit the daycare home. In addition, implementation of interval pick-up times for clients will ensure sufficient parking is provided. As conditioned, if at any time in the future, the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. Ju., Willkom Associate Planner Attachments: 1. Location Map 2. Letter from Mr. Vic Bellaschi 3. Submitted Plans and Letters from Current Clients 4. Letter from Shadowbrook Homeowners Association 5. Resolution No. 3857 Karen Peterson Senior Planner S:\Cdd~DCREPOR~CUP 02-016 LFD.doc ATTACHMENT 1 Location Map LOCATION MAP PROJECT NO. ADDRESS Turn, cl~ CAMINO t?E'.AL ,J Al. mAI.; h38~4 ATTACHMENT 2 Letter from Mr. Vic Bellaschi October 3, 2002 Justina Willkom City of Tustin 300 Centennial Way Tustin, CA 92780 SUBJECT: Conditional Use Permit 02-016- 13844 Comanche Dear Ms. Willkom: I am writing this letter in response to the notice that I received in regards to the proposed large family daycare at the subject property. I am requesting a hearing before the Planning Commission since the proposed facility would create potential problems related to parking and safety. S~~~~Y' Vic Bellaschi 13839 Comanche Tustin, CA 92782 714-832-2624 ATTACHMENT 3 Submitted Plans and Letters from Current Clients ~IdAP 45 BFIOWNING AVENUE ' i TUSTIN RANCH ROAD PUEBLO BANYOfl MAHOGANY .I 'PECAN LANE ) L I ,,,oI July 8, 2001 To Whom It May Concern: Miranda Bernstein founded Tustin Ranch Cub Scout Pack 518 in 1995, initially assuming and later being elected to the position of Pack Committee Chairperson. In this capacity Miranda was directly responsible for the yearly activities of the pack, recruiting and training leaders and overseeing a program of instructional activities for the scouts. At the time of her involvement Pack 518 had an average of 50 cub scouts each year. Following her tenure as Committee Chair, Miranda accepted the position of Den Leader and had direct involvement with 10 scouts in grades 1-5. Miranda was responsible for implementing the B.S.A. cub program through weekly den meetings, pack meetings and scouting events and activities, while continually focusing the scouts attention on completing the necessary requirements to advance to Boy Scouts. Cub Scout activities include a wide range of challenges and oppommities as leaders are intimately involved with the growth and maturation of the scouts. Miranda accepted the challenges and opportunities with enthusiasm and was an asset to the Pack. Her influence on the scouts was a positive and productive endeavor with all of her graduating scouts earning Cub Scouting's highest award the "Arrow Of Light." She particularly enjoyed taking the scouts camping, and assisting them in their discovery of and appreciation for the delicate balance of nature. Miranda participated in Pack 518 on every level, including most importantly, working with the parents and scouts. Miranda continuously held a pack leadership position from 1995 until her son graduated to Boy Scouts in February 2000. Sincerely,~ ~ rson COB ,.SCOOTING, BECALk. E 'TOO MOCH FON I,..$ NE /ER ENOOGH! December 2001 This letter is in regards to the daycare my children Jessica and Joshua have been receiving at Randi Bernstein's. My children have been extremely happy with the care they have received. W~ were very fortunate to have met Randi. It is difficult to find good daycare for the children, and one that we feel is safe and that they enjoy. The kids never want to leave at the end of the day. It is nice to have the homework done each day. My children will miss going to Randi's daycare, We are moving to Corona. I recommend this daycare to anyone needing it for their children. Sincerely, Debbie Gunter OCTOBER 10, ~000 My daughter Kimberly Plum has been going to daycare at Randi Bernstein's home for three years as of January 2001. She absolutely loves going to this day care each day, Kimberly has many friends from school there whom she gets to play with each day. She has done very well on her homework each day in the group setting. I have been very lucky to meet Randi and having her care for our Kimberly. We feel this is a very positive setting for the children and they are always happy and excited at Randi's. Kimberly has been upset that she cannot attend the daycare full time this year due to her having another baby brother in the family, I am at home now. I still let her go part time because she is greatly sad when she cannot attend, She loves swimming with everyone after the homework is finished. She says Randi is "funny" when she is strict with the children. Whatever she does has only been very positive for our child. Kimberly is doing great in school and making great grades on her homework assignments. We recommen ~andi's daycare to any family with children. They are safe and very happy the ' 'Y'P }1~'~ To Whom It May Concern Regarding: Reference for Randy Bemstein My 7 year-old son Danny Cruz has been in the after school care program at Randy's since September 2000. He is very happy and enjoys this program so much that it is challenging to get him to leave each day. I attribute this comfort he feels to the warm, fun, and loving environment that Randy provides each day. Randy is extremely patient and has a broad and seasoned knowledge of the children's needs and desires. The environment provided offers crafts and playful activities in a noncompetitive and free play style manner, which is very relaxing after a long day at school. As Parents, we have been confident in our choice of providers, Randy has been consistent in picking up Danny safely from school each day without any problems or incidents. She has provided us with intuitive insight into the behaviors and issues that need attention, where Danny's homework is concemed. We highly recommend Randy's after school care program to other prospective parents who are looking for care providers. Regards, Julie O'Day, Allan Cruz March 15, 2001 TO WHOM IT MAY CONCERN: We have known Randy and her family since Fall of 2000. We had just moved to the area and were in need of assistance for after school care for our two cll$1dren. Our children and to some extent even ourselves had all the symptoms of a transpl~ family. We had all headaches of being the new kid on the block from the routine to the more complex were there for us to figure out. We were extremely fortunate that the school staff referred Randy to us. Our diildren after their long journey away from their friends, relatives and famili_a_r sur~ were in need of a caring and sincere person that would make things all fight again. As for us, of course, we wanted all th~_ for them But we also wanted them to get past the transition stage and get behind their schoolwork and school related activities as soon as possible. Today we know that we stumbled upon just the right person in Randy. On our children's very first day, they miraculously forgot all about their troubles. They were spirited, cheerful, confident and happy. All that and they even got all their homework done! After six months, they are now fully absorbed into their school environments and are doing great. We believe we owe all that to Randy's caring and engaging personality as well as her skills in teaching and placing accountability and responsibility onto the children under her care. We are grateful to her for her services and would recommend her to our friends. Sincerely, Hassan and Chem Tavakoly March 12, 2001 To whom it may concern, Randi Bernstein has been providing after school daycare for my daughter for the 2000-2001 school year. I am very pleased with the level of care. as well as the time and attention given to my daughter. Randi provides a safe, structured and happy atmosphere for the children. Randi is always available to assist with homework and my daughter enjoys her program. I would definitely recommend Randi to anyone seeking childcare. Sincerely, Robert J. Pruesner March 28, 2001 Re: Day Care Reference Letter To Whom It May Concern: Ms. Randi Bemstein has taken care of our 8-year-old son from the beginning of the 2000-2001 school year and will continue to take care of him through the remainder of this school year. I feel she has displayed consistent responsibility and genuine interest in the care and safety our son. Sincerely, Lynn Redden 2275 Boxwood Place Tustin, CA 92782 July 8, 2001 To Whom It May Concern: Miranda Bernstein founded Tustin Ranch Cub Scout Pack 518 in 1995, initially assuming and later being elected to the position of Pack Committee Chairperson. In this capacity Miranda was directly responsible for the yearly activities of the pack, recruiting and training leaders and overseeing a program of instructional activities for the scouts. At the time of her involvement Pack 518 had an average of 50 cub scouts each year. Following her tenure as Committee Chair, Miranda accepted the position of Den Leader and had direct involvement with 10 scouts in grades 1-5. Miranda was responsible for implementing the B.S.A. cub program through weekly den meetings, pack meetings and scouting events and activities, while continually focusing the scouts attention on completing the necessary requirements to advance to Boy Scouts. Cub Scout activities include a wide range of challenges and oppommities as leaders are intimately involved with the growth and maturation of the scouts. Miranda accepted the challenges and oppommities with enthusiasm and was an asset to the Pack. Her influence on the scouts was a positive and productive endeavor with all of her graduating scouts earning Cub Scouting's highest award the "Arrow Of Light." She particularly enjoyed taking the scouts camping, and assisting them in their discovery of and appreciation for the delicate balance of nature. Miranda participated in Pack 518 on every level, including most importantly, working with the parents and scouts. Miranda continuously held a pack leadership position from 1995 until her son graduated to Boy Scouts in February 2000. Sincerely, rson COD OOTIN ', BECAL E TOO MOCH FON NE /ER ENOO 'H! 10/7/02 ATTENTION: CITY OF TUSTIN RE: PARKING & PICKUP FROM DAYCARE TO WHOM IT MAY CONCERN, WE, THE PARENTS OF THE CHILDREN ATTENDING RANDI BERNSTEIN'S AFI~R SCHOOL HOMEWORK CLUB ATTEST TO THE FACT THAT WE WERE INSTRUCTED AND HAVE COMPLIED WITH THE PARKING REGULATIONS CONCERNING 13839 COMANCHE. DURING THE LAST TWO YEARS THAT WE HAVE PICKED OUR CHILDREN UP, WE HAVE NOT PARKED IN FRONT OF THE ABOVE NOTED PROPERTY AT ANY TIME. WE HAVE ALWAYS AND CONTINUE TO PICK UP OUR CHILDREN IN FRONT OF RANDI'S HOME AS WE UNDERSTAND RESPECT THE SPECIAL NATURE OF USING A HOME FOR ONES BUSINESS. SHOULD YOU HAVE ANY QUESTIONS, DO NOT HESITATE TO CONTACT US. RESPECTFULLY, KEVIN BALCH CHERRI BUCHANNAN JEFF MYERS JOHN TEER ALLAN CRUZ ROB PRUESNER BONNIE SOLOMON October 08, 2002 To Whom It May Concern: I have been a neighbor of Randi and Alan Bernstein for the past two years. My residence is at 2072 Cherokee, Tustin, Ca. I live two houses away on the street curve directly to the side of the Bernstein's. I have not had any unfavorable experience as to the daycare business of the Bernsteins. In fact, I believe the Bernsteins are a positive influence on the children. The daycare kids are very well behaved and stay inside of their home most of the time they are there. When the kids' parents come to pick them up they are parked in front of the Bernstein's house for maybe two to four minutes if that. It is a rare occasion that anyone stays for a longer period of time. If you need any further information you may reach me at (714) 832-6811. Thank you. Sincerely, jan C~/~ristofar~ October 7, 2002 Attn: City of Tustin I was asked to write a note to ~'--' ' l ~;~, u~ ~ parking for Miranda Bernstein's Daycare. I live directly next door to Mrs. Bernstein. My address is 2076 Cherokee. I do not have any problem with any daycare parents parking in front of my home. Never have I had any problems whatsoever with any parents cars in my way or in front of my home or driveway. The parents pick up their children directly in front of Mrs. Bernstein's home so they do not have to enter into the street. The cars are parked for only 2-3 minutes at the most each time. Then they leave. ~'~' u~,ua~:y inside the home and not seen ~ l~e children are often outside of the home during the daycare hours. If you need further ~'~ ~l,,orma~lo~ please do not ~'~'~':~-~- ~- 1 contact me anytime. Sin~c~erely, Margoun Escaross 2076 Cherokee Tustin, Ca 92782 Associate Planner % Justina Willkom 300 Centennial Way Tustin, Ca. 92780 Miranda Bernstein 13844 Comanche Tustin, Ca. 92782 September 18, 2002 Dear Justine Willkom: I am writing this letter in regards to the removal of the carpet in my garage and the jacuzzi in my back yard. I will be removing both of these immediately. I have contacted a hauling company and they are scheduled this week to remove the zacuzzi. I will be removing the carpet in the garage myself this weekend. If you have any further questions do not hesitate to contact me. incerely, ]randa Be~nstein RECEIVED SEP 1 9 200Z COMMUHITY OEVELOPMEHT ATTACHMENT 4 Letters from Shadowbrook Homeowners Association Tustin Ranch bnadowbrook Homeowners Association 17300 Redhill Avenue, Suite 210, Irvine, CA 92614 September 25, 2001 Miranda Bernstein 13844 Comanche Tustin, CA 92782 RE: Tustin Ranch Shadowbrook HOA Dear Mrs. Bemstein: We have received your letter requesting authorization to operate an After School Homework Club for elementary school children. Please be advised that the Board of Directors reviewed your letter dated September 11, 2001 at its meeting held on September 25, 2001. At that meeting, the Board of Directors resolved to authorize you to operate an After School Homework Club between the hours of 2:30 p.m. - 5:30 p.m. for children fi.om grades 1 through 5 under the condition that you and your "guests" abide by the Rules and Regulations/CC&R's. The Board also requests that there is proper supervision at all times when in the common areas/pool/playground and that the children do not play in the street. Thank you in advance for prompt compliance with this request. If you should have any questions regarding this matter, please do not hesitate to contact me at (949) 752-2225. Cordially, ON BEHALF OF THE BOARD OF DIRECTORS NCH SHADOWBROOK HOMEOWNERS ASSOCIATION Senior Manager The Emmons Company P.O. Box 19530 Irvine, California 92623 · (949) 752-2225 · Fax (949) 798-0367 Tustin _l _nch Shadowbro,,ok Homeowners Associ,,ation 17300 Redhill Avenue, Suite 210, Irvine, CA 92614 October23,2002 City of Tustin Cio Justina Wilikom 300 Centennial Way Tustin, CA 92780 RE: Tustin Ranch Shadowbrook HOA Dear Ms. Willkom: The Board of Directors has reviewed the request from Mrs. Bernstein's to obtain a license to increase her home daycare capability from 6 children to 14 children from grades I through 5 between the hours of 2:30 p.m. - 5:30 p.m. Monday through Fr'~lay. The Board of Directors is aware that they do not have the authority to approve or disapprove this request, however, the Board would like to document its concerns and request that the Bernstein's follow some guidelines in their day<are operations. Below we have listed some of the concerns that the Board of Directors has regarding the Bemstein's home daycare operation. · Safety of children in the common areas of the Association, primarily the pool area. · Safety of children while in front of the Bemstein's residence due to the close proximity to a street with a dangerous curve just 20 feet away. · Increased potential for a serious accident during loading and unloading of children, · Liability for homeowners in the event of a disabling accident or death. · Disruption to homeowners due to traffic, noises and use of common area. · Additional traffic in an already congested area. · Possibility of increased noise resulting in nuisance for adjacent homes. · Apparent non-compliance with the CC&R's with regard to operation of a business within the residential track. .The Association would support the increased capacity if the Bernstein's agree to the following guidelines: · The Board would prefer the Bemsteins not use the community pool in their *for.profit" child(am business for both safety and community impact reasons, in the event that this would be too restrictive, chiidcare activities in the community pool area shall be limited to reasonable guidelines (to be established) with respect to hours of use, maximum number of children, defining adequate supewision, and acceptance of a resident to non-resident use ratio. · Childcare activities should remain on the Bernstein's premises and children are not permitted to occupy the street or front yard at any time. · The home daycare operation should not violate the Rules and Regulations and/or the CC&R's. · An enforceable pick up and drop off plan must be established to minimize exposure of the children and parents to ha_~rdous street conditions and mitigate negative impact on traffic flow in the community. · The daycare operation must not create a nuisance for the homeowners. · The daycare operation shall not cause an increase or cancellation of the Association's insurance. ° The daycare operation must provide adequate supervision at all times. The Board of Directors appreciates the City's anticipated assistance in limiting the Association's liabilities retated to the daycare operations within the Shadowbrook neighborhood. If you should have any questions regarding this issue, please contact me at 949/752-2225. Sincerely, o. 'I'.US.,~ RA~S~OWBROOK HOMEOWNERS ASSOCIATION Senior ~nager ~. Cc: Board of Directors The Emmom Compamy P.O. Box 195~0, lrvine, CA 92623 (949) 752-2225 Fax (949) 798-0367 ATTACHMENT 5 Resolution No. 3857 RESOLUTION NO. 3857 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 02-016 TO AUTHORIZE THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 13844 COMANCHE. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A, That a proper application for Conditional Use Permit 02-016 was filed by Miranda and Allan Bernstein to authorize the establishment of a large family daycare home, caring for up to fourteen (14) children, at the residence located at 13844 Comanche within a Single Family Residential District. B. Pursuant to the East Tustin Phase I District Regulations, any land use proposal such as a large family home daycare that is not specifically covered by the provision of the East Tustin Phase 1 District regulations would be subject to the regulations of the Zoning Code. Pursuant to the Tustin City Code (TCC) Section 9223.a.6, large family daycare homes are conditionally permitted in the Single Family Residential Zoning District. C, Pursuant to TCC Section 9223.a.6(e) and the Section 1597.46(a)(3) of the State Health and Safety Code, a hearing of the large family daycare home is required by the Planning Commission if the applicant or property owner within 100 feet of the subject property requests such hearing. D, That a letter was received on October 3, 2002, from Mr. Vic Bellaschi, owner of 13839 Comanche, requesting a hearing before the Planning Commission for the proposed large family daycare. E. That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Planned Community Residential" and zoned "Planned Community Residential" which provides for the establishment of large family daycare homes. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-Element. Fo That the State of California Health and Safety Code Section 1597.43(a) states family daycare 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. Planning Commission Resolution No. 3857 Page 2 O. Ho That the large family daycare home complies with the intent of the State Legislature as stated within the Health and Safety Code which states, "family daycare 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, daycare homes for the care of children are prohibited in accordance with Section 1597.40(a). That a public hearing was duly called, noticed, and held on said application on January 13, 2002, by the Planning Commission. That as conditioned, the location and number of children to be cared for 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: . The proposed large family daycare use is consistent with the large family daycare regulations in Section 9223.a.6 of the Tustin City Code, which identifies the location of large family daycare facilities in residential zones as an appropriate location. . The proposed large family daycare 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. . There are no other large family daycare homes within three hundred (300) feet of the subject property. o The residence at 13844 Comanche has been inspected by the Community Development Department and is in compliance with the California Uniform Building Code, as locally adopted. o The play yard area is enclosed with a six (6) foot high fence consistent with Section 9223.a.6 requirements. o The existing portable jacuzzi/spa has been removed and there is no swimming pool or other water body existing on the site. . The existing small family daycare use at 13844 Comanche has been inspected and licensed by the State of California. The proposed large family daycare, as conditioned, meets all the State of California Planning Commission Resolution No. 3857 Page 3 requirements and would be subject to additional licensing and inspections by the State. , The additional trips anticipated for the proposed use will not affect the current level of service on adjacent private and public roadways. , As conditioned, no employees that do not reside at the project site will be employed for the proposed large family daycare home. If the applicant employs persons that do not live at the project site, the applicant would be required to provide sufficient off-street parking for each employee, consistent with Tustin City Code Section 9223.a.6. 10. As conditioned, the proposed three (3) pick-up spaces located in front of the residence do not interfere with traffic and are safe for children since no children would be required to cross a street to enter or exit the daycare home. In addition, implementation of interval pick-up times for clients will ensure sufficient parking is provided. 11. As conditioned, if at any time in the future, the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. Jo Section 1597.46(b) of the State Health and Safety Code exempt large family daycare homes from the provisions of the California Environmental Quality Act (CEQA). II. The Planning Commission hereby approves Conditional Use Permit 02-016 to authorize the establishment of a large family daycare home, caring for up to fourteen (14) children, at the residence located at 13844 Comanche, 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 13th day of January, 2002. Stephen V. Kozak Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Planning Commission Resolution No. 3857 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. 3857 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of January, 2002. ELIZABETH a. BINSACK Planning Commission Secretary GENERAL EXHIBIT A CONDITIONAL USE PERMIT 02-016 CONDITIONS OF APPROVAL (1) (1) 1.1 1.2 1.3 (1) 1.4 The proposed use shall substantially conform with the submitted plans for the project date stamped January 13, 2003, 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 to be consistent with the provisions of the Tustin City Code and other applicable codes. 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. Approval of CUP 02-016 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 within fourteen (14) days of the date of approval. The Director of Community Development shall establish the forms, and evidence of recordation shall be provided to the Community Development Department. As a condition of approval of Conditional Use Permit 02-016, 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. 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. SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A CUP 02-016 Page 2 (1) (1) 1.5 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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) 1.7 Conditional Use Permit 02-016 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director 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. PLAN SUBMITTAL (1) 2.1 Prior to commencing operation of a large family daycare facility, the applicant shall submit final floor and site plans showing the following items: a. The location and dimensions of two exit doorways, one of which may be a sliding glass door, and exit ways shall be identified on the floor plan. All exit doors shall be a minimum of 36 inches with a thirty-two inch clear width and six (6) foot and eight (8) inch clear height and shall be operable from the inside without the use of a key or special knowledge or effort. Exit ways shall be a continuous to an area of safe refuge such as the public right-of-way and an evacuation plan showing two separate paths of egress shall be provided and posted in an area of the large family daycare home. b, The number and location of smoke detectors shall be shown on the floor plan. C. The location of a fire extinguisher with a minimum rating of 2A shall be shown on the floor plan. 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 daycare area. Exhibit A CUP 02-016 Page 3 (1) 2.2 do The location of a fire alarm attached to the structure shall be shown on the floor plan. The alarm shall be distinctive in tone, audible throughout the structure, and maintained in an operable condition. e. An interval parking schedule and parking plan to be reviewed and approved by the Community Development Director prior to commencing operation of a large family daycare. Prior to commencing operation of a large family daycare home, the daycare home shall pass final inspection from the Community Development Department. USE RESTRICTIONS (1) 3.1 No employee not residing at 13844 Comanche shall be employed within the approved large family daycare home. If the applicant employs any persons not residing at 13844 Comanche, the applicant shall provide an off-street parking space for each employee not residing at the project site. (1) 3.2 No more than fourteen (14) children shall be cared for in the large family daycare home as defined by the State of California Health and Safety Code. (1) 3.3 The large family daycare shall only operate from 2:30 p.m. to 5:30 p.m. (1) 3.4 Only the three (3) parking spaces directly adjacent to the curbing in front of the home shall be used for parking and pick-ups. (1) 3.5 Applicants shall obtain the appropriate license from the State Department of Community Care Licensing Agency for a large family daycare home at the site. A copy shall be provided to the City prior to final inspection and commencing operation of a large family daycare home. (1) 3.6 The large family daycare 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 daycare home, may result in the revocation of the subject Large Family Daycare, as provided for by the Tustin City Code. (1) 3.7 Noise associated with the large family daycare home operations shall not exceed the standards of the City of Tustin Noise Ordinance. Exhibit A CUP 02-016 Page 4 FEES 3.8 3.9 3.10 3.11 The six (6) foot high wall and gate surrounding the play area shall be maintained in good condition at all times. Self-closing, self-latching locks that are at least four (4) feet from ground level shall be provided on the gates. While the property is operating as a large family daycare home, no swimming pool, jacuzzi/spa, or other water body shall be constructed on the property. If, at any time in the future, the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the Community Development Department and/or Public Works Department may require the property owner to implement immediate interim mitigation measures and submit a parking, traffic, or noise study, at no expense to the City, within the time stipulated by the City. If said study indicates that there are inadequate parking, traffic, or noise impacts, the property owner shall be required to implement mitigation measures to eliminate all identified impacts. The attached two (2) car garage shall be maintained for parking accommodation of vehicles of the occupants of the home at all times. 4.1 Prior to commencing with the operation of the large family daycare, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and inspections fees shall be paid to the Community Development Department. a. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.