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HomeMy WebLinkAboutC.C. RES 03-32RESOLUTION 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: A. That a proper application for Conditional Use Permit 02-016 was filed by Miranda and Allan Bernstein to authorize the establishment of a large family daycare home, caring for up to fourteen (14) children, at the residence located at 13844 Comanche within a Single Family Residential District. B. Pursuant to the East Tustin Phase I District Regulations, any land use proposal such as a large family home daycare that is not specifically covered by the provision of the East Tustin Phase 1 District regulations would be subject to the regulations of the Zoning Code. Pursuant to the Tustin City Code (TCC) Section 9223.a.6, large family daycare homes are conditionally permitted in the Single Family Residential Zoning District. C. Pursuant to TCC Section 9223.a.6(e) and Section 1597.46(a)(3) of the State Health and Safety Code, a hearing of the large family daycare home is required by the Planning Commission if the applicant or property owner within 100 feet of the subject property requests such hearing. D. That a letter was received on October 3, 2002, from Mr. Vic Bellaschi, owner of 13839 Comanche, requesting a hearing before the Planning Commission for the proposed large family daycare. E, That 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. F. 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 G. 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. I. 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." L. 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 M. 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: 1. 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. 2. 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. 3.. There are no other large family daycare homes within three hundred (300) feet of the subject property. 4. 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. 5, The play yard area is enclosed with a six (6) foot high fence consistent with Section 9223.a.6 requirements. 6. The existing portable jacuzzi/spa has been removed, and there is no swimming pool or other water body existing on the site. 7. 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. 8. 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. 9. 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). 11. 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. 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, Califomia, 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: WORLEY, KAWASHIMA, BONE, DAVERT, THOMAS NONE NONE NONE PAMELA STOKER City Clerk GENERAL (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) STANDARD CONDITION (5) RESPONSIBLE AGENCY (2) CEQA MITIGATION EQUIREMENTS (3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (7) PC/CC POLICY *** EXCEPTIONS Resolution No. 03-32 Page 2 (1) L.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. e. An interval parking schedule and parking plan to be reviewed and approved by the Community Development Director prior to commencing operation of a large family daycare shall include instructions to clients for safe ingress and egress. (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 (1) 3.8 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 10ck that are at least four (4) feet from ground level shall be provided on the gates. (1) 3.9 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. (1) 3.10 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. (1) 3.11 The attached two (2) car garage shall be maintained for parking accommodation of vehicles of the occupants of the home at all times. FEES (1) 4.1 Prior to commencing with the operation of the large family daycare, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable Building plan check and inspections fees shall be paid to the Community Development Department. 'B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule.