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Home My WebLink About03 CUP 02-016 03-03-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director MEETING DATE: MARCH 3, 2003 TO: FROM: SUBJECT: WILLIAM HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT APPEAL OF CONDITIONAL USE PERMIT 02-016 SUMMARY On January 13, 2003, the Planning Commission approved Conditional Use Permit 02- 016 authorizing the establishment of a large family daycare home caring for up to fourteen (14) children at 13844 Comanche. On January 21, 2003, three (3) residents in the area appealed the Planning Commission decision. Applicant: Miranda Bernstein Appellants: Mr. James Ward, Ms. Patricia Ward, and Mr. Vic Bellacchi RECOMMENDATION' That the City Council adopt Resolution No. 03-32, upholding the Planning Commission's action and denying the appeal. BACKGROUND: The applicant is currently licensed with the State of California Community Care Licensing Agency to operate a small family daycare home caring for up to eight (8) children. The applicant is requesting approval to establish a large family daycare caring for up to fourteen (14) children. The single family home is located within a private community in the East Tustin Phase I Single Family Residential District and in the Shadowbrook Homeowners Association, at the intersection of two streets, Commanche and Cherokee (Attachment 1 - Location Map). The East Tustin Phase 1 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 these provisions would be subject to the regulations of the Tustin City Code, which requires 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 were followed in reviewing this application. City Council Report Appeal of CUP 02-016 Page 2 of 9 The City is limited in regulating large family daycare homes based on the provisions of the California State Health and Safety Code (HSC) Section 1597.30 et. al. HSC Section 1597.43 considers family daycare homes operated in accordance with State Law as an accessory use of a residentially zoned property and does not consider daycare homes to fundamentally alter the nature of underlying residential uses. In addition, HSC Section 1597.46(a)(3) specifically prohibits local government from denying a large family daycare, provided the facility complies with local standards, restrictions, and requirements concerning: (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control requirements. HSC Section 1597.46(a)(3) 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 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 can 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. On January 13, 2003, the Planning Commission held a hearing on the application (Attachment 2 - Staff Report). Five (5) persons spoke in opposition of the project (Attachment 3 - Planning Commission Minutes) and voiced concerns related to traffic and circulation, parking, and the safety of children. After considering the staff report and public testimony, the Planning Commission approved Conditional Use Permit 02- 016 (Attachment 4 - Resolution No. 3857) with several findings and conditions of approval related to controlling potential spacing and concentration, traffic, parking, and noise impacts as shown in the following table: Potential Impact Planning Commission Findings and Conditions of Approval Spacing/ Finding 1.3 states there are no other large family daycare homes within three Concentration hundred (300) feet of the proposed daycare home. Traffic Findings 1.8 and I. 11 for: Condition 1.7 requires an annual review to ensure compliance with the conditions of approval. Condition 2.1.e requires a parking schedule and plan to distribute traffic and parkin~l durin~l operatin~l hours, prohibits the u-turns on Cherokee and City Council Report Appeal of CUP 02-016 Page 3 of 9 Comanche, and requires the applicant to instruct her clients regarding safe ingress and egress through the community. Condition 3.3 limits the use from 2:30 to 6:00 p.m. Condition 3.10 requires interim and permanent mitigation if traffic impacts are identified. Parking Findings 1.10 and 1.11 for: Condition 1.7 requires an annual review to ensure compliance with the conditions of approval. Condition 2.1.e requires a parking schedule and plan to distribute traffic and parking during operating hours. Condition 3.4 limits client parking to two spaces along the curb to the front of the residence. Condition 3.10 requires interim and permanent mitigation if parking impacts are identified. Condition 3.11 requires the applicant to use her garage for the parking of personal vehicles. Noise Findings 1.2 and 1.11 for: Condition 1.7 requires an annual review to ensure compliance with the conditions of approval. Condition 3.7 requires all activities to be conducted in accordance with the Noise Ordinance. Condition 3.10 requires interim and permanent mitigation if noise impacts are identified. On January 21, 2003, an appeal was filed by the appellants and on February 24, 2003, copies of the appeal letter were signed by seven (7) other residents in the area and submitted to staff (Attachment 5). On February 17, 2003, the applicant submitted a letter to the City Council with letters of support from some of her neighbors (Attachment 6). The following discussion addresses the issues raised by the appellants. DISCUSSION As approved by the Planning Commission, the daycare home would be to assist children ages six (6) years or older with homework tutoring, with the following operational characteristics: No infants or toddlers would be accepted; The hours of operation would be from 2:30 p.m. to 6:00 p.m.; There would be no drop-offs to the daycare home since the children would be picked-up from the school by the applicant; City Council Report Appeal of CUP 02-016 Page 4 of 9 Pick-ups would occur in fifteen (15) minute intervals to minimize traffic and parking concerns; two (2) pick-up parking spaces would be located along the curb in front of the residence. No employees would be employed; the applicant and her husband would be the only operators. The appeal letter (Attachment 5) indicates concerns related to childcare activities, parking, garage parking, use of common association areas, indemnification, and trial period. These issues are addressed below: , Child Care Activities. The appellants state that the daycare activities should be limited to the applicant's property, which provides little recreational area, and the City should develop an open space (recreational) requirement which would address the quantity and quality of open space needed for this type of facility. The existing home is improved with 2,650 square feet of back yard area. While State Law requires each commercial childcare facility to provide a minimum of 75 square feet of outside yard area per child, State Law does not require any open yard or recreational area for family daycare homes in residential districts. In addition, the applicant has indicated that the focus of their daycare is to assist children with homework tutoring, therefore, only a limited amount of recreational area would be needed. The City does not have the ability to impose additional requirements over and above those which are required by State law. . Parking. The appellants state that pick-up and drop-off parking cannot be achieved since the street curves and requires the applicants' two (2) vehicles to be parked adjacent to Cherokee Street. In addition, the drop-off and pick up spaces do not consider the potential for other neighbors or visitors to park in the street. Based upon input from residents at the meeting, the Planning Commission allowed two (2) pick-up spaces immediately to the front of the home and required an interval parking schedule and plan to be submitted for review and approval (Attachment 7). In accordance with the Planning Commission's action, the applicant submitted a proposed fifteen (15) minute interval pick-up schedule for her current and potential clients (Attachment 7). The schedule demonstrates one (1) family or one (1) car would pick up children every fifteen (15) minutes. If other visitors or neighbors park in the pick-up space along the curb in front of the home, parents could park in or in front of the applicant's driveway to pick up the children. Therefore, with the combination of the interval pick-up schedule, the pick-up space immediately to the front of the home along the curb, and the driveway City Council Report Appeal of CUP 02-016 Page 5 of 9 , o parking, no parking problem is anticipated. In addition, the applicant has submitted a petition from her immediate neighbors that indicates that there has not been congestion at the knuckle of Cherokee and Comanche and that they do not foresee a parking problem in the future (Attachment 6). Also, Condition 3.10 of Resolution No. 03-32 (Attachment 8) would require the applicant to submit a traffic and/or parking study and implement interim and permanent mitigation, if complaints are received and impacts are substantiated. While the applicant previously indicated that no outside employees would be employed since her husband is assisting her at this time, she has indicated her desire to hire an employee in the future to assist her with the children should her husband be called to a meeting. The applicant indicated that the employee will either take a bus or be dropped off at her home. Since no on-site employee parking space would be required, Condition 3.1 of Resolution No. 03-32 states that off-street employee parking would be provided if the applicant hires any employee that drives a vehicle to the daycare home. Garage Parking. The appellants state that unrestricted approval of parking condones the conversion of garage for business use. Parking in the garage should be maintained at all times. Condition No. 3.11 of Resolution No. 03-32 requires the applicant to maintain the two (2) car garage for parking of their vehicles. Since the property is located within the Shadowbrook Homeowner Association (HOA), the HOA would need to enforce parking regulations within the complex. In addition, State law precludes the City from considering daycare homes as commercial businesses and therefore, the proposed use is different than other types of home occupations that could be established within the community. Association Use of Common Area. Last year six (6) to eight (8) very active children used the association pool and frequently intimidated very small children. Shadowbrook Homeowner Association (HOA) members pay for the quiet use of the pool and unrestricted use by "visitors" (or clients) is not appropriate. A minimum restriction should be one (1) day use per week. 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 use of the common area pool is regulated by the HOA and is outside of the City's authority. As previously noted, 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 City Council Report Appeal of CUP 02-016 Page 6 of 9 , , daycare home if the residence complies with a local ordinance prescribing reasonable standards, restrictions, and requirements concerning: (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control requirements. Therefore, although the City acknowledges the appellant's 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. Indemnification. The introduction of fourteen (14) active children into one property presents many new liabilities. Neither the City nor the HOA should bear the financial burden. Prior to approval, evidence of insurance that holds City and the HOA harmless should be provided. Section 1597.531of the Health and Safety Code, requires the applicant to maintain either liability insurance or a bond covering injury to clients and guests. In lieu of the bond, the family day care home may maintain a file of affidavits signed by each parent with a child enrolled in the home indicating that the parent is aware that the daycare home does not carry either liability insurance or a bond to cover potential injury. The State Licensing Division for family daycare homes enforces this requirement. The applicant indicated that she currently carries liability insurance for the daycare home. With respect to the City, Condition No. 1.4 of Resolution No. 03-32 would require the applicant to defend, indemnify, and hold the City harmless from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employee. Time/Review. The appellants suggest that this new commercial business will generate thousands of dollars of income and should be conditioned to a trial period of one year to see if all conditions are being met. Condition No.1.7 of Resolution No. 03-32 would provide for Conditional Use Permit to be reviewed on annual basis, or more often if deemed necessary by the Community Development Director. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or create negative impacts, the Director may impose additional conditions to eliminate the nuisance or negative impacts, or initiate proceedings to revoke the permit. ANALYSIS As conditioned, the proposed large family daycare 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 City Council Report Appeal of CUP 02-016 Page 7 of 9 to the welfare of the City. A decision to approve this request can be supported by the following findings: 1. That State of California Health and Safety Code Section 1597.43 states family day care homes operated under the standards of State law constitute accessory uses of residentially zoned and occupied properties and do not fundamentally alter the nature of the underlying residential uses. , That the large family day care home complies with the intent of the State Legislature as codified 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." . 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 City is obligated to approve the large family daycare home if the residence complies with a local ordinance prescribing reasonable standards, restrictions, and requirements concerning: (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control requirements. The Planning Commission made appropriate findings and set forth conditions of approval to address any potential spacing, traffic, parking, and noise impacts. In addition, 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 residence, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. As conditioned, the City may also conduct an annual review to verify compliance with the terms and conditions of the conditional use permit. 4. 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: 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. City Council Report Appeal of CUP 02-016 Page 8 of 9 c) d) e) g) h) 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. The play yard area is enclosed with a six (6) foot high fence. 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. The additional trips anticipated for the proposed use associated with potential drop-offs and pick-ups will not affect the current level of service on adjacent private and public roadways. However, the applicant has indicated that no drop-offs will occur since she will pick-up children from school and deliver them to her residence. 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 would be required to provide an off-street parking space for each employee with a vehicle, consistent with Tustin City Code Section 9223.a.6. As conditioned, the proposed two (2) 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 and instructions to clients regarding safe ingress and egress will address potential traffic concerns. Community Development Director City Council Report Appeal of CUP 02-016 Page 9 of 9 Attachments: 1. Location Map 2. Planning Commission Staff Report dated January 13, 2003 3. Planning Commission Minutes dated January 13, 2003 4. Planning Commission Resolution No. 3857 5. Appeal Letter and Copies of Appeal Letter 6. Letter from Ms. Miranda Bernstein 7. Parking Diagram and Interval Schedule 8. City Council Resolution No. 03-32 S:\Cdd\CCREPOR"IACUP 02-016 (APPEAL).doc ATTACHMENT 1 Location Map LOCATION'MAP PROJECT NO. ADDRESS c~ 0~-~'~ T~n, c~ 9zg&~ CAMINO REAl. // 11.ti44: / II II ATTACHMENT 2 Planning Commission Staff Report dated January 13, 2003 ITEM #2 Report to the 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 1 - Location Map). The East Tustin Phase 1 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: 1. 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 .2. , 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. f) 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. 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~PCREPOR~CUP 02-016 LFD.doc PLANNING COMMISSION ATTACHMENT 1 Location Map LOCATION MAP PROJECT NO. ADDRESS 'l'u~-tin, CR CA MINO REA L /' · AI.L"JAI. ~ PLANNING COMMISSION ATTACHMENT 2 Letter from Mr. Vic Bellaschi October 3, 2002 Justina Willkom City of Tustin 300 Cemennial 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 PLANNING COMMISSION ATTACHMENT 3 Submitted Plans and Letters from Current Clients _J 'MAP 45 BI~OWNING AVENUE PUEBLO i TUSTIN RANCH ROAD MAP 47 MAHOGANY 'L 'PECAN LANE ./. ! _ ,e ' - gommiite~ ~h~i~ ~ht'ig~'n~e kor~ ~ubm~t~ ~'y ~. Lor~, 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 oppommifies 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 CtSl 5CO "I"ING , BECALk E 'TOO FL N 15 NEVER ENOL G H. 21814 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 OCTOBF.,R 1 O, 2000 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 '¥unny" 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 recommend Randi's daycare to any family with children. They are safe and very happy the~ I~ t , VJck'rarid~ PI~ .)~/ 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 along 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 concerned.. 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 _ ~Rffacly and her family since F.a~. of 2000. We hadjust moved to the area and were in need of assistance for · aner school care for our two children. Our children and to some extent even ourselves had all the symptoms of a transplanted family. We had all headaches of being the new kid on the block from the murine to the more complex were there for us to figure out. We were extremely forttmate that the school staff referred Randy to us. Our ctfildren after their long journey away from their friends, relatives and familiar surro~~ were in need of a caring and sincere person that would make things all right again. As for us, of course, we wanted all that 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 grear 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 Cherri 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, structta-ed 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 om 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 P.S. July 8, 2001 To Whom It May Concern: Miranda Bemstein 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 C.,OI5 8C.,OOTIN , 15E E TOO MOCH FON 18 NEVER 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 BERNSTE1N'S AFTER 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 NO'TED 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 Cristofaro October 7, 2002 Attn- City of Tustin I was asked "-'tu wrlte' a note '~'tu ~'-u~e city for Miranda Bernstein's Daycare. uu~.uy ~ox~ door to ~''~'~ ~v~a. B~na~ein. My address is 2076 Cherokee. I do not have any Problem with any daycare parents .... ":~ ~~ of . p~~ in ~~ 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 ~.' ~,~ children u~t.,~:y in ~~ ~ ~w~. 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. ~ ~e ~.u~ are usually inside the home and not seen often outside of the home during the daycare hours. ~ you need ~'""~"~'~ ;~.c ..... ,;~.~. ~u~u~ u~u~o~u~ please do not hesitate to contact me anytime. Sin~c~erely, Margoun IEscaross 2076 Cherokee Tustin, Ca 92782 Associate Planner % Justina Wilikom 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, ~ iranda Be~nstein RECEIVED SE? 1 9 2002 COMMUNITY DEVELOPMENT PLANNING COMMISSION ATTACHMENT 4 Letters from Shadowbrook Homeowners Association Tustin Ranch gnadowbrook Homeown¢. s 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 Alter 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 Alter School Homework Club between the hours of 2:30 p.m. - 5:30 p.m. for children from 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 s ovo oo ^ssoc ^T O ? am/el~a Be~~ Senior Manager The Emmons Company P.O. Box 19530 Irvine, California 92623 · (949) 752-2225 · Fax (949) 798-0367 Tustl,'n gonch Shadowbr0ok Homeowners AssOciation 17300 Redhill Avenue, Suite 210, Irvine, CA 92614 October 23, 2002 City of Tustin C/o Justina Wilikom 300 Centennial Way Tustin, CA 92780 RE: Tustin Ranch Shedowbrook 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 1 through 5 between the hours of 2:30 p.m. - 5:$0 p.m. Monday through Friday. The Board of Directors is awarelthat they do not have the authority to approve or disapprove this request, however, the Board would like to document its C°ncems and request that the Bemstein's follow some guidelines in their daycare 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. ~' o 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' childcare business for both safety and community impact reasons, in the event that this would be too restrictive, childcare activities in the cemmunity pool area shall be limited to reasonable guidelines (to be established) with respect to hours of use, maximum .number of children, defining adequate supervision, and acceptance of a resident to non-resident use ratio. ~ · Childoare 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 hazardous street conditions and mitigate negative impact on traffic flow in the community. · 'l'he 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 related 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, ON BE!;~LF OF/THE BOARD OF DIRECTORS TU~'~ Sv~_/~BRO OK HOMEO W NERS ASSOCIATION P~n§ia B'ell '--~ ~ Senior Manager Cc: Board of Directors The Emmo~s Company P.O. Box 19530, lrvine, CA 92623 (949) 752-222~ Fax (949) 798-0367 ATTACHMENT 3 Planning Commission Minutes dated January 13, 2003 MINUTES TUSTIN PLANNING coMMISSION REGULAR MEETING JANUARY 13, 2003 7:01 p.m. Given All present Staff present None Approved Adopted Resolution No. 3857, as amended, 4-0; Hamilton' abstained Hamilton 7:03 p.m. Willk°m Director CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Doug Anderson, Senior Project Manager-Transportation Karen Peterson, Senior Planner Justina Wilikom, Associate Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR APPROVAL OF MINUTES -- DECEMBER 9, 2002, PLANNING COMMISSION MEETING. It was moved by Hamilton, seconded by Jennings, to approve the Consent Calendar. Motion carried 5-0. PUBLIC HEARING . CONDITIONAL USE PERMIT 02-016 AUTHORIZING THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME CARING FOR UP TO FOURTEEN (14) CHILDREN. THIS PROJECT IS LOCATED AT 13844 COMANCHE IN THE PLANNED COMMUNITY RESIDENTIAL ZONING DISTRICT. RECOMMENDATION: That the Planning Commission adopt Resolution No. 3857 approving Conditional Use Permit 02-016 to establish a large family home daycare caring for up to fourteen (14) child ren. Stated a conflict of interest based on his ownership of property within the Shadowbrook tract and, on the advice of the City Attorney, stepped out of the Council Chamber. The Public Hearing opened. Presented the staff report. Added there are often concerns related to uses such as large family daycare and other care facilities within single family residential zones; the conditions of approval presented within this application are reasonable restrictions that can be proposed or imposed by the City; under State law, the City's capacity to regulate at the local level is limited; Condition 1.7 allows staff to Minutes -- Planning Commission January 13, 2003 -- Page Denny Willkom Holland Denny Holland Nielsen Willkom Kozak Willkom Kozak Miranda Bernstein, applicant Wiilkom Ms. Bernstein Kozak Ms. Bernstein Director Kozak review such uses on an annual basis; if there are problems or concerns, staff can re-review the approval and bring it back for the Planning Commission's consideration. Asked if there is a timeline in terms of the State application and the application for the conditional use permit. Indicated the applicant must obtain approval from the City before the State can issue the license. · Added that staffs recommended conditions of approval indicate this entitlement would not become effective until approved by the State. Indicated he had spoken with the Director earlier today to let her know the Shadowbrook Homeowners Association (HCA) had concerns regarding the use of the pool and his understanding that restrictions cannot be effected through conditions of approval, because pool restrictions are between the Association and the residents. Stated Commissioner Denny's assumption is correct. Asked if the interval parking schedule is being processed now. Answered the applicant has not submitted a schedule but must do so before final inspection and before a license to operate daycare for fourteen children can be issued. Asked staff to clarify whether tonight's Planning Commission hearing was scheduled as the result of a request from a member of the community; and, stated his understanding that this type of application is usually handled ~t the administrative level. Answered in the affirmative. Asked the applicant to present questions/comments to the Commission. Asked staff for advice regarding submission of a pickup schedule, stating that the pickup timing varies from day.to day. Stated that staff needs a schedule that shows only three pickups every fifteen minutes and indicated staff can assist the applicant in preparing this schedule. Asked if it was appropriate to ask questions about the swimming pool at this time. Indicated any discussion regarding the pool usage should occur between the applicant and the HCA. Indicated this is her fourth year in business; her hours of operation have always been between 2:30 to 5:30 p.m.; but wanted assurance that the operating hours could extend to 6:00 p.m. Stated the hours of operation can be modified to state 6:00 p.m. Verified with the applicant that she was requesting a modification of the hours of operation to 6:00 p.m. Minutes - Planning Commission January 13, 2003 - Page 2 Ms. Bernstein Nielsen Ms. Bernstein Jennings Ms. Bernstein Jennings Ms. Bernstein Jennings Ms. Bernstein Nielsen Ms. Bernstein Vic Bellaschi, · 13839 Comanche Paul Kingsley, 2051 Cherokee Answered in the affirmative; added there are never more than three cars at the same time since many of.the families· carpool; and, stated there will never be 14 cars per day coming to her home. Asked the applicant to estimate how many additional cars are anticipated with the expanded number of children. Stated she expects no more than nine vehicles per day for pickup. Asked who is in charge of the children at her home when she is away picking up other students. Answered that her husband remains at the house; he is aisc licensed and finger-printed through the State. Indicated that today there was a vehicle parked on the street with her information in the back window. Stated that is her vehicle. Asked if that vehicle is typically parked on the street or in the garage. Stated the vehicle is typically parked on Cherokee during her business hours; otherwise, it is parked in front of her house. Asked' if the basketball hoop on the applicant's sidewalk is used during pickup periods. Indicated the HCA asked that the children not be in the front; there are other people in the neighborhood who use the basketball hoop; she sometimes takes her children to play at the basketball hoops in the nearby park. Stated he lives across the street from the applicant and opposes approval of this application for the following reasons: Shadowbrook is a community of small lots, zero lot lines, and limited front setbacks; the CC&Rs require that all vehicles be kept in the garages; there is a safety factor regarding the knuckle where the subject property is located; most vehicles coming to pick up the children will make U-turns at that knuckle; the knuckle feeds most of the single family dwellings on the westerly side of Shadowbrook; this traffic moves rapidly; there may be a sight distance problem that could cause accidents; the site plan provided in the application indicates three on-street parking spaces in the front of the structure; the frontage on the residence is about 50 feet, including 20 feet of driveway; at the most, two cars would fit in the space available; vehicles are often parked in front and at the side of his home during applicant's various social activities; the large daycare facility will overtax the residence; this facility will impact his home and the neighborhood; if the Planning Commission approves this application, additional conditions should be added regarding the hours of operation and parking. Stated he has lived in Shadowbrook for 15 years and has been the HCA President for 10 of the last 12 years; Ms. Bernstein provides a valuable service to the community; the traffic flow at the knuckle creates a safety problem; there are 85 homes in this section of Shadowbrook, with only two exits; more tr. affic comes through on the Biackhawk side than on the other side; there are Minutes -- Planning Commission January 13, 2003'-- Page 3 Jennings only two functional on-street parking spaces in front of this structure, and the parking is not restricted to people visiting the Bernstein residence; cars sometimes stop in the middle of the street; the corner is marginally safe without this business; the HCA learned of the problem when Ms. Bernstein asked that cones be installed to alleviate the traffic situation; the HCA did not choose to take action to benefit a private business; chances are most of the children will be picked up between 4:30 and 5:30 p.m. which is the busiest time of the day for traffic passing along that street; 16 possible U-turns will definitely impact the traffic flow; this application should be reconsidered. Asked if parking has been a problem along Comanche for people using the park during the operation of this business. Mr. Kingsley Indicated that parking throughout the tract is sparse during the daytime hours during the winter months; the parking increases during Daylight Saving Time; all the homes near the entrances are impacted by people who use the park. Denny Mr. Kingsley Referred to the letter dated September 25, 2001, and another letter in October 2002 in which the HCA indicated support of the application with the conditions imposed; and, asked Mr. Kingsley if the HCA no longer supports the application: Stated his understanding that the September 2001 letter was in' support of the small family daycare application, and the October 2002 letter addresses the larger number of children. Denny Reiterated that the October 2002 letter states: "The Association would support the increased capacity if the Bernsteins agree to the following guidelines..."; and, asked if Mr. Kingsley was changing that position tonight. Mr. Kingsley Indicated the HCA is under the same restrictions as the Planning Commission; attorneys tell them they cannot stop this use. Denny Mr. Kingsley Stated that does not mean the HCA must support the application. Indicated the HCA wants to be good neighbors; if this use has to happen, reasonable guidelines should be included in order to make the situation safe and reasonable. Jennings Asked the applicant if parents must fill out forms that state the regulations and their obligation to conform to the regulations. Ms. Bernstein Answered in the affirmative. Jennings Ms. Bernstein Jennings Asked if those forms include parking or traffic information. Answered in the affirmative; added that the parking in front of Mr. Bellaschi's house takes place later in the evening when people pull in to play basketball; indicated she lives at an angle from him, not right across the street; and, stated those people do not park in front of her house. Indicated her question related to Ms. Bernstein talking with the parents about how they should drive into the area, making U- turns, where they can park, etc. Ms. Bernstein Stated she has asked the residents around her whether anyone has seen an accident or had a problem with people picking up children in front of her house, had a problem with the parking, Minutes - Planning Commission January 13, 2003 - Page 4 KoZak Ms. Bernstein Nielsen Ms. Bernstein Mr. Bellaschi Linda Hay, 13809 Apache Jill Hellar, 13804 Apache Pat Ward, 2051 Iroquois Kozak Ms. Ward Kozak Ms. Ward etc., and no one indicated there was any problem; there have been no complaints in four years. Asked, regarding the interval pickup schedule, if Ms. Bernstein will be working with the parents to provide the proper intervals in order not to exceed the three parking spaces available in front of her house. Indicated she will work with staff 'to accomplish whatever needs to be done. Asked if there have been any pickups~ causing automobile accidents in the pickup area. Replied in the negative; and, added.that her request to the HCA regarding speed bumps or cones in front of her house was related to the children next door, who play in the street on a regular basis, and her concern for their safety. Returned to the lectern and stated that people using the park do not park in front of his house; indicated he. would prefer that the applicant's children use the park basketball facility rather than the one on her sidewalk; and, reiterated that he is °pposed to this application because a large daycare facility will impact the neighborhood. Stated she is an original owner in the Shadowbrook tract; she believes Ms. Bernstein is providing a benefit to the community; her major concern is the safety issue related to the traffic; the corner of Comanche and Blackhawk is a dangerous corner; she has almost hit children herself while traveling in the area; this is not the appropriate location for a large family daycare facility. Stated she lives around the corner on Apache; residents are in and out of the neighborhood throughout the day; cars are sometimes parked in the middle of the street or pulled into the driveway; children are at risk; adding more children Will increase the risk of accidents. Asked if Ms. Bernstein has a Business License; the CC&Rs clearly state that no businesses that disrupt the community are allowed; the HOA attorney may have interpreted the CC&Rs differently, but the CC&Rs clearly state that any home business requires a business license. Indicated that the State of California Community Care Licensing Agency licenses daycare facilities. Stated she understood that, but asked what is then the purpose of CC&Rs. Reiterated that the application is covered under the State of California Health and Safety Code, which is the prevailing statute in this matter. Stated Ms. Bernstein's garage door is often open; her car is supposed to be parked in the.garage at night; it is occasionally parked in front of her home but more often on Cherokee; pool tables, children's toys, etc., fill the garage; the CC&Rs state that cars are to be parked inside the garage; perhaps vehicles such as hers are exceptions to that requirement. Minutes -- Planning Commission January 13, 2003 - Page 5 7:50 p.m. Kozak Director Kozak Director Nielsen Jennings Denny Holland The Public Hearing closed. Asked staff to address some of the issues regarding traffic flow and parking, the licensing, garage parking, etc., for the benefit of the members of the audience. Suggested adding under Condition 2.1e: "This shall include instructions to clients for safe ingress and egress. U-turns on Cherokee and Comanche are prohibited." Condition 3.3 will be modified to change the hours of operation from 2:30 p.m. to 6:00 p.m. Stated that the current operation is a small family daycare for which there are no regulations; neither the City nor the HCA have the ability to regulate those facilities; large family daycare provides the opportunity for the City to regulate the use; if the conditions of approval set forth in this application are violated, the permit can be revoked and the large family daycare operation at this location will cease. Indicated that Condition 3.11 will ensure that the children are not playing in ti~e garage area; the garage area is to be used for parking only. Noted the applicant was not required to have a City Business License for the small family daycare facility which is considered a single family residential use of property, unlike other kinds of home-based businesses; large family daycare requires a license before allowing the operation to proceed. Asked if the requirement for a Business License should be included as a condition. Answered that Condition 2.2 could be modified to read: "...the operator shall obtain a business license, if a business license is required." Stated his appreciation to the people who came to the meeting; the applicant apparently runs an exemplary daycare facility; traffic circulation and parking are the major concerns; it is unlikely three cars could fit into the area indicated in front of the applicant's house; the streets look narrower than standard residential streets; the facility is very close to the entrance to the tract; an interim parking schedule seems a bit loose considering the safety issues; adding nine vehicles in this area within a 10-minute interval period may .create a traffic issue; the pickup time will probably be compressed to between 4:30 to 5:30; it is unfortunate the home is located in that specific area. Indicated, based on the documentation from parents and children, this is a quality daycare facility; the regulations are designed to protect the children; the neighborhood also needs to be protected; applicant's monitoring of the traffic flow and parking may be necessary. Asked if parking can be prohibited in certain areas. Stated the City has the ability to prohibit parking; however, parking would be prohibited for everyone; there cannot be exclusive parking. Minutes - Planning Commission January 13, 2003- Page 6 Denny Holland Denny Anderson Kozak Anderson Kozak Director Kozak .Director Requested that the City Attorney provide a brief primer on the enforceability by local government of the CC&Rs as opposed to the HOA's ability to enforce CC&Rs. Responded that one of the most difficult aspects is the State of California suggesting to residents there are things they can or cannot do under public policy; the State of California determined that certain regulations are invalid and against public policy; the State has done the same in regard to other kinds of uses--one of those is family daycare; the permissibility of these kinds of uses has been expanded and local government's ability to regulate them constrained; the City typically enforces those provisions of the CC&Rs that relate to conditions of approval regarding issues of public health and safety and police issues; there are other components of CC&Rs that do not relate to the conditions of approval on the subdivision map which will not be enforced by the City--for example, the City would not participate in the question of which residents may or may not use the swimming pool, the times of use, etc.; if the HOA has regulations regarding where cars may be parked, that is up to the HOA to enforce. Asked the Traffic Engineer if there have been any accidents on the knuckle referred to above during the existence of this tract. Indicated only the past three years were considered in the review of this application; there have been no accidents during that time; he is aware of no accidents at that knuckle during the eleven years he has been with the City. Asked the Traffic Engineer to assist the Planning Commission in understanding the conclusions on the application. Indicated this is a private community in which most of the regulations are set forth and enforced by the HOA through the CC&Rs or other agreements; impacts to the public right-of-way, such as Park Center Lane, and private property were considered; this knuckle is similar to other knuckles in the City; many of the issues referred to tonight are not atypical to public residential streets; if the area is that unsafe, the HOA may need to look into safety remedies; the worst-case scenario maximum number of traffic generation--14 students, being picked up at the same time--was considered, along with the two trips by the applicant; at schools in the City, traffic is heavier at certain times of the day; the applicant's plan to spread the pickup over 15- minute increments was determined to present an insubstantial impact. Asked if language should be added to restrict the play to the backyard area, Indicated Condition 3.8 could be amended to make that requirement more clear. Suggested the Planning Commissioners understand the gist of that condition, but for future purposes, more specific reference to prohibition of play in the front would address some of the concerns expressed by the residents in attendance. Stated the restriction could include the residence and backyard area. Minutes - Planning Commission January 13, 2003- Page 7 Holland Kozak Director Nielsen Director Nielsen Director Nielsen Kozak Denny Kozak Director Noted that restricting where the children can play might create a problem; this is considered a residential use of the property; restricting where the children can play would be a State-regulated prohibition that cannot be imposed by the City; the State regulations also prohibit certain uses of garage facilities. Withdrew his request and asked the Director for a summary of the modifications. Stated as follows: Condition 2.1e, added at the end: "This shall include instructions to clients for safe ingress and egress. U-turns on Cherokee and Comanche are prohibited." Condition 2.2 to include "...and the operator shall obtain a business license, if a business license is required." Condition 3.3 modified as follows: "The large family daycare shall only operate from 2:30 p.m. to 6:00 p.m." Suggested allowing for two parking spaces rather than three in front of the applicant's home. Asked if Commissioner Nielsen was referring to Condition 3.4. Answered in the affirmative. Stated that condition could be modified. Commented that he read the entire Health and Safety Code, which limits what the Planning Commission can do in this situation. Added that the Planning Commission is constrained in terms of the regulations imposed upon local government; the conditions of approval are the maximum that can be recommended; being cognizant of the requirements of State law, the modifications are as much as can be done to address the issues as stated by the speakers this evening; this is an excellent facility that meets the needs of the children and the needs of the community. It was moved by Jennings, seconded by Denny, to adopt Resolution No. 3857, as amended. Stated his understanding of the conditions that are placed before the City and that State law takes primacy; if this applicant decided not to pursue a larger facility, the use would go unregulated by the City; the staff and Planning Commission have done all that. can be done, given this set of circumstances; cars parked in garages is not enforced in other parts of this tract, nor in a number of other tracts in the City. The motion carried 4-0, Hamilton abstaining. Thanked the members of the audience for attending the meeting and asked the Director to provide information regarding the appeal period. Noted the approval of this conditional use permit is appealable to the City Council; the appeal period ends at 5'00 p.m. prior to the next City Council meeting. Minutes - Planning Commission January 13, 2003 - Page 8 ATTACHMENT 4 Planning Commission 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. a. 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. Co Pursuant to TCC Section 9223.a.6(e) and 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. Do 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. F. That 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 Go H, 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, 2003, 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. . 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. . The play yard area is enclosed with a six (6) foot high fence consistent with Section 9223.a.6 requirements. . 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 two (2) 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. J~ Section 1597.46(b) of the State Health and Safety Code exempts large family daycare homes from the provisions of the Califomia 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, 2003. Chairperson ELIZAB'E~-R A.' BINSAi3-K-"' ' 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 13~ day of January, 2003. Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 EXHIBIT A CONDITIONAL USE PERMIT 02-016 CONDITIONS OF APPROVAL 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 (1) (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUlREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3857 Exhibit A CUP 02-016 Page 2 (1) 1.5 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. (1) 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) 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 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. bo The number and location of smoke detectors shall be shown on the floor plan. Co 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. Resolution No. 3857 Exhibit A CUP 02-016 Page 3 d, 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. so 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 shall include instructions to clients for safe ingress and egress. U-tums shall be prohibited on Cherokee and Comanche. (1) 2.2 Prior to commencing~ operation of a large family daycare home, the daycare home shall pass final inspection from the Community Development Department, and the operator shall obtain a business license, if a business license is required. 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 6:00 p.m. (1) 3.4 Only the two (2) parking spaces directly adjacent to the curbing in front of the home shall be used for parking and pick-ups. (1) 3.$ 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. Resolution No. 3857 Exhibit ^ CUP 02-016 Page 4 3.7 (1) 3.8 (1) 3.9 (1) 3.10 (1) 3.11 FEES (1) 4.1 Noise associated with the large family daycare home operations shall not exceed the standards of the City of Tustin Noise Ordinance. 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. Pdor 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. k. All applicable Building plan check and inspections fees shall be paid to the Community Development Department. Bo Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. ATTACHMENT 5 Appeal Letter and Copies of Appeal Letter Mayor and Council Members, City of Tustin 300 Centennial Way Tustin, Ca. 92780 January 21, 2003 Dear Mayor and Council Members, Re; Appeal of Conditional Use Permit 02-016 Establish A Large Family Daycare Home Miranda and Allan Bernstein !3844 Comanche, Tustin Ranch, Ca. 92782 We have happily lived in the Shadowbrook Community of Tustin for the past 10 years. We believe the Bernsteins are providing a much needed service for the City. Concerns were disclosed by the Shadowbrook HOA in their letter of October 23, 2002 that were not addressed. Specifically, CHILD CARE ACTIVITIES; The Association believes that the activities of the 14 clients should be limited to site of Bernsteins. Shadowbrook is a Planned Unit Development (PUP) approved by the City. Lots average about 4000 SF which provides very little recreational use. The City should Develop an open space (recreational) requirement which would address the quantity and quality of open space needed for this type activity. Our lots are much too small for so many children at one time. PARKING; The street parking illustrated by the Bernsteins is false in that pickup and drop-off cannot be achieved as illustrated; it require the Bernsteins 2 vehicles to be parked on adjacent Cherokee Street; the curve of street restricts neighbors street parking and does not account for the potential of other neighbor/visitor street parking. GARAGE PARKING; the unrestricted approval of parking condones the conversion of garage for business use. Parking in garage should be maintained at all times. ASSOCIATION USE OF COMMON AREAS; Last year 6-8 very active children used association pool frequently intimidating very small children to mothers need to withhold children from pool. Shadowbrook Parents pay for the quiet use of the pool. Unrestricted use by "visitors" (or clients) is not appropriate. Minimum restriction should be 1 day use per week. INDEMNIFICATION; The introduction of 14 active children into one property of the PUD presents many new liabilities. Children accessing autos on private streets, Children playing in front yard, pool activities of client children, and the major acCess to community by residence at Blackhawk Street and through Comanche Street presents exposure to possible accidents. The City nor the Shadowbrook Association should be made to bear the financial burden of such potential. Prior to approval evidence of Insurance that holds City and Shadowbrook Association harmless should be provided. Mayor and Council Members, City of Tustin 300 Centennial Way Tustin, Ca. 92780 January 21,2003 TIME; This new commercial business will generate Thousand of dollars Income. This approval should be conditioned to a trial period of one year for review to see if all conditions are being met. We request the Council understand the need for more restrictive and pray you will adopt more restrictive use to uphold the standard of living now present in Tustin Ranch. Sincerely, ·/ James E. and Patricia L. Ward ~/ 2051 Iroquois Tustin Ranch, CA 92782 714-544-1423 Vic Bellacchi 13839 Comanche Tustin Ranch, Ca. 92782 714-832-2624 attachment Mayor and Council Members, City of Tustin 300 Centennial Way Tustin, Ca. 92780 Dear Mayor and Council Members, Re; Appeal of Conditional Use Permit 02-016 ' Establish A Large Family Daycare Home Miranda and Allan Bemstein 13844 Comanche, Tustin Ranch, Ca. 92782 January 26, 2003 RECEIVED FEE] 2 ~t 2003 We have happily lived in the Shadowbrook Community of Tustin for the past 10 years. We believe the Bemsteins are providing a much needed service for the City. Concerns were disclosed by the Shadowbrook HOA in their letter of October 23, 2002 that were not addressed. Specifically, CHILD CARE ACTIVITIES; The/~,~sociation believes that the activities of the 14 clients should be limited to site of Bemsteins. Shadowbrook is a Planned Unit Development (PUD) approved by the City. Lots average about 4000 SF which provides very little recreational use. The City should Develop an open space (l~c~eational) requirement which would address the quantity and quality of open al~ce needed for this type activity, our lots are much too small for so many children at one time. PARKING; Th® street parking illustrated by the Bemsteins is false in that pickup and drop-off cannot be achieved as illustrated; it require the Bemsteins 2 vehicles to be pml~ed on adjacent Cherokee Street; the curve of street restricts neighbors street parking and does not account for the potential of other neighbor/visitor street i~rking. For safety of children and reduce congestion, parking should be limited to two spaces adjacent to their property, monitered by one of the Bernsteins at loading and off loading and prohibit any staging (waiting) of cars in strcct right of way ~RAGE PARKING; the unrestricted approval of parking condones the conversion garage for business use. Parking in garage should be maintained at all times. ASSOCIATION USE (3P COMMON AREAS; Last year 6-8 very active children used a~sociation pool frequently .intimidating very small children to mothers need to withhold children from pool. Shadowbrook parents pay for the quiet use of the pool. IJm'estricted use by 'visitors" (or clients) is not appropriate. Minimum restriction should be 1 day use per week. INDEMNIFICATION; The introduction of 14 active children into one property of the PUD presents many new liabilities. Children accessing autos on pdvate strccts, Children playing in front yard, pool activities of client children, and the major access to community by residence at Biackhawk Street and through Comanche Street presents exposure to possible accidents. The City nor the Shadowbrook Association sttould be made to bear the financial burden of such potential. Pdor to approval Mayor and Council Membem, City of Tustin 300 Centennial Way Tustin, Ca. 92780 January 26, 2003 evidence of Insurance that holds City and Shadowbrook Association harmless ~ould be provided. TI'ME; This new commercial business will generate Thousand of dollars Income. This approval should be conditioned to a tdal pedod of one year for review to see if' all conditions are being met. We request the Council understand the need for more restrictiOns and pray you will adopt more restrictive use to uphold the standard of living now present in Tustin Ranch. Shado~rook Resident /~ ~ ~an~h ~I?_./~Pj~E Tustin , Ca 92782' attachment IVl~yor ~nd Council City of Tustin 300 Cefdm~n~l Way Tustin, Ca. 92780 January 26, 2003 evidence of Insuranoe that holds City and S~ ~ hanTtless timuld be provided. TIME; This new comnlezoi.l business will generate Thousand of_dolla .m I .mxxne. if Tills approval should be conditioned to a trial period of one year for rewew to see alt conditions are being met. We request the Council u~nd the need for more restrictiOns and pray you will adopt more restrictive use to upltoM the standard of living now present in Tustin Ranch. Shadowbrook Resident Tustin Ranch, Ca 92782 attachment Mayor and Council Members, City of Tustin 300 Centennial Way Tustin, Ca. 92780 January 26, 2003 evidence of Insurance that holds City and Shad°Wbrook Association harmless should be provided. T(ME; This new commercial business will generate Thousand of dollars Income. This approval should be conditioned to a trial period of one year for review to see if afl concY~ons are being met. We request the Council understand the need for more restrictiOns and pray you will adopt more restrictive use to uphold the standard of living now present in Tusfin Ranch. Sincerely, Shadowbrook Resident Tustin Ranch, Ca 92782 attachment Mayor and Council Members, City of Tustin 300 Centennial Way Tustin, Ca. 92780 January 26, 2003 evidence of Insurance that holds City and Shadowbrook Association harmless should be provided. TIME; This new commercial business will generate Thousand of dollars Income. This approval should be conditioned to a trial period of one year for review to see if all conditions are being met. We request the Council understand the need for more restrictiOns and pray you will' adopt more restrictive use to uphold the standard of living now present in Tustin Ranch. Sincere y, , Tustin Ranch, Ca 92782 attachment Mayor and Council Mombem, City of Tusfin 300 Centennial Way Tustin, Ca. 92780 January 26, 2003 evidence of Insurance that holds City and Shadowbrook Association harmless should be provided. -TIME; This new commerdal business will germmte Thousand of dollars Incmne. This approval should be conditioned to a trial period of one year for review to see if all conditions are being met We request the Council understand the need for more restri~0ns and pray you will adopt more restriclNe use to uphold the standard of living now present in Tustin Ranch. 8~~Sincerely,/ Tustin Ranch, Ca 92782 ATTACHMENT 6 Letter from Ms. Miranda Bernstein February 17, 2003 Attn: City Council To Whom It May Concern: I am addressing a couple of issues regarding my Daycare at 13844 Comanche St. I have enclosed a letter signed by all homeowners closest to my home regarding parking, and U-Turns on Comanche and Cherokee Streets. There have been no complaints what so ever from anyone living near my home. All parents have been notified of having only two cars parked in front of my home at one time for pick up. All parents have been notified of No U-turns on this corner as well. Issues regarding, Insurance, swimming pool, children playing outside, for daycare have all been discussed and finalized with the association and State Licensing. (see copy). Association does not have any problem with allowing 14 children in my daycare per Pamela Bell, Senior Manager. I would like to discuss with the Board allowing me to hire one employee during daycare hours. I will make sure no employee drives any vehicle into the association. Any employee will be picked up by myself while picking up the daycare children, or an employee may be dropped off at the corner of Parkcenter Lane and Blackhawk. Employee will be Over 18 years of age and can walk around the corner not crossing any streets to enter into my home. I am second house on corner. At no time during daycare hours will any employee enter or exit daycare with a vehicle. I met with the State Licensing Board and they approved my new license for 14 children on February 18, 2003. It will be issued to me after the final hearing from the city. Fire Marshall came to my home in October 2002 and approved my home for licensing, a copy of this needs to be sent to the State Board. They notified me that they have not received it. T~~]~k yo,u ~ Miran' a~(~Bernstein February 12, 2003 Dear Mayor and Council Members: We the neighbors of Miranda Bernstein located at 13844 Comanche Street in Tustin are writing this notice regarding letter dated January 26, 2003 from Mrs. Ward a resident of Shadowbrook. (copy enclosed) The letter states if Mrs. Bernstein parks her vehicle on Cherokee street during the times of 3pm - 6pm this would not allow parking for other neighbor/visitors street parking. We are direct neighbors of Mrs. Bernstein and live directly.across from the open parking spaces on Cherokee. We have never had a problem with space available for parking our vehicles nor have we ever had a problem with any of our visitors parking their vehicles. The Bernsteins rotate their vehicle parking from Cherokee to directly in front of their own home. We are very comfortable with the parking situation around our corner of Cherokee and Comanche and do not foresee any problems with Mrs. Bemstein's large family daycare in her home. There has never been any congestion on the corner of Comanche and Cherokee that we have been aware of. We have not had any problems with the parents picking up the children directly in front of their home. The children are all gone before or by 6:00 .pm. We the neighbors return from work at different times and have not had any problems with any cars picking up their children or any parking problems from the Bernstein's daycare. We have not seen any vehides doing any u-turns on the corner of Comanche and Cherokee since Mrs. Bernstein notified all the families not to'do so per the cities request. We feel these complaints are unnecessary coming from a resident who lives one full block away from our corner location. Signature: (~ ~~~,~ Printed nariS: ,.),q~ ~ R~'T~f'h Address: ~ 0'? ~ C,h o.A_~_~ Signature: ~.~ j~--~..,_.~z,,~ Printed name: U.~+i_/3 K,~ ISHtV,~,,V Address: ~ ~ ~ CA-/-r~_~K.E. ~- _ Printed name: Address: Printed name: ~. ~'b~'(-,'~ ~: q Printed name; Address: ( ~, ~ ?' (~ ,.~.~ ~: Address: 1 ~ Signature: ~.( Signature: - Printed name: ~L ~-? ~ ~'/I Printed name: Address; ~0 ~- Q ~-~J~ iC~J"~ ~ Address; Daycare Pick Up Schedule 15 Minute Interval's 4pm Cole Myers 4'15 Deanna & Chayan Tavakoly 4:45 Josh & Alex Teer 5:00 Jackie Le 5'15 Ashley & Justin Mac 5:30 Danny Cruz& Samantha Pruesner 5:45 Rachel Mantayla 6:OO Andy & Nicky Balch January 18, 2003 Attention: All Parents Dear Parents: I am notifying you per the City Council Of Tustin. There are some guidelines that we must follow in order for me to keep my daycare business in my home. All guidelines must be followed by each parent and child. I can loose my license if guidelines are not followed. The guidelines are written for the safety of the children. If a parent fails to follow these guidelines I will be forced to discontinue caring for your child/children. Guidelines as follows: I · No U-Turns are allowed on the corner of Comanche and Cherokee. Parents please drive around the block and pull up along the curbside directly in front of my home. 2. Only two cars at one time can pull in front of my home at one time for pick up. This will not be a problem if everyone follows the pick up interval schedule posted. 0 No child/children will be allowed to exit daycare by crossing the street to enter into a vehicle. All children must enter into the vehicles parked directly in front of my home along curb. This will keep all children out of the street to avoid and accidents with oncoming traffic. Thank you, Miranda Bernstein ATTACHMENT 7 Parking Diagram and Interval Schedule i-- Pick-up Area 13844 Comanche Daycare Pick Up Schedule 15 Minute Intervals 4pm 4:15 Cole Myers Deanna & Chayan Tavakoly 4:45 Josh & Alex Teer 5:00 Jackie Le 5:15 5-30 5:45 Ashley & Justin Mac Danny Cruz& Samantha Pruesner Rachel Mantayla 6:00 Andy & Nicky Balch ATTACHMENT 8 City Council Resolution No. 03-32 RESOLUTION NO. 03-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN UPHOLDING THE PLANNING COMMISSION'S DECISION TO APPROVE CONDITIONAL USE PERMIT 02- 016 AUTHORIZING THE ESTABLISHMENT OF A LARGE FAMILY DAYCARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 13844 COMANCHE. The City Council does hereby resolve as follows: I. The City Council finds and determines as follows: Ao 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. Bo 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 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. Do 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. Eo That a public hearing was duly called, noticed, and held on said application on January 13, 2003, by the Planning Commission. On January 13, 2003, the Planning Commission approved Conditional Use Permit 02-016 authorizing the establishment of a large family daycare home at 13844 Comanche. Fo That the Planning Commission's decision was appealed on January 21, 2003, by James E. and Patricia L. Ward, homeowners of a property located at 2051 Iroquois and Vic Bellacchi, a homeowner located at 13839 Comanche. Resolution No. 03-32 Page 2 O. That a public hearing was duly called, noticed, and held on said application on March 3, 2003, by the City Council. H, That the City Council has considered the Planning Commission staff report dated January 13, 2003, the minutes of the January 13, 2003, Planning Commission meeting, Planning Commission Resolution No. 3857, the City Council staff report dated March 3, 2003, and the evidence and testimony presented at the public hearing held on March 3, 2003. 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. J, That 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. K, 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." Lo 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 City is obligated to approve the large family daycare home if the residence complies with a local ordinance prescribing reasonable standards, restrictions, and requirements concerning: (1) spacing and concentration, (2) traffic control, (3) parking, and (4) noise control requirements. The Planning Commission made appropriate findings and set forth conditions of approval to address any potential spacing, traffic, parking, and noise impacts. In addition, 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 residence, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. As conditioned, the City may also conduct an annual review to verify compliance with the terms and conditions of the conditional use permit. Resolution No. 03-32 Page 3 Mo That as conditioned, the large family daycare home 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: o 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. , 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. , The play yard area is enclosed with a six (6) foot high fence consistent with Section 9223.a.6 requirements. , The existing portable jacuzzi/spa has been removed, and there is no swimming pool or other water body existing on the site. o 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 requirements and would be subject to additional licensing and inspections by the State. o The additional trips anticipated for the proposed use associated with potential drop-offs and pick-ups will not affect the current level of service on adjacent private and public roadways. However, the applicant has indicated that no drop-offs will occur since she will pick-up children from school and deliver them to her residence. , 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 with vehicle that do not live at the project site, the applicant would be required to provide sufficient off-street Resolution No. 03-32 Page 4 parking for each employee, consistent with Tustin City Code Section 9223.a.6. 10. As conditioned, the proposed two (2) 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 and instructions to clients regarding safe ingress and egress will address potential traffic concerns. 11. As conditioned, the applicant would be required to implement immediate interim and permanent mitigation measures to eliminate potential traffic, parking, or noise impacts and the City may conduct an annual review to verify compliance with the terms and conditions of the conditional use permit. J, Section 1597.46(b) of the State Health and Safety Code exempts large family daycare homes from the provisions of the California Environmental Quality Act (CEQA). II. The City Council hereby upholds the Planning Commission's decision approving Conditional Use Permit 02-016 authorizing 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 in Exhibit A attached hereto. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 3rd day of March, 2003. TRACY WILLS WORLEY Mayor PAMELA STOKER City Clerk Resolution No. 03-32 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 03-32 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does 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. 03-32 was passed and adopted at a regular meeting of the City Council held on the 3rd day of March, 2003, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk EXHIBIT A CONDITIONAL USE PERMIT 02-016 CONDITIONS OF APPROVAL GENERAL (1) 1.2 (1) 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 (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION EQUlREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVlEVV (7) PC/CC POLICY *** EXCEPTIONS Resolution No. 03-32 Page 2 (1) 1.5 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. (1) 1.6 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 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. Resolution No. 03-32 Page 3 d. 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. eo 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 shall include instructions to clients for safe ingress and egress. U-turns shall be prohibited on Cherokee and Comanche. (1) 2.2 Prior to commencing operation of a large family daycare home, the daycare home shall pass final inspection from the Community Development Department, and the operator shall obtain a business license, if a business license is required. USE RESTRICTIONS (1) 3.1 No employee not residing at 13844 Comanche shall be employed within the approved large family daycare home, unless an off-street parking space for each employee not residing at the residence is provided. If the employee does not drive to the residence or the vicinity, no off-street parking space shall be required. (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 6:00 p.m. (1) 3.4 Only the two (2) 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. Resolution No. 03-32 Page 4 (~) 3.8 (1) 3.9 (1) 3.10 (1) 3.11 FEES (1) 4.1 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. 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. B, Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.