HomeMy WebLinkAbout02 Large Daycare Revocation
ITEM #2
Report to the
Planning Commission
DATE:
AUGUST 9, 2004
REVOCATION OF PERMIT TO OPERATE A LARGE FAMILY DAY
CARE HOME AT 1952 JAN MARIE PLACE
SUBJECT:
OPERATOR:
MS. BARBARA GALLO
1952 JAN MARIE PLACE
TUSTIN, CA 92780
PROPERTY
OWNER:
MS. BARBARA GALLO
1952 JAN MARIE PLACE
TUSTIN, CA 92780
1952 JAN MARIE PLACE
LOCATION:
ZONING:
SURBURBAN RESIDENTIAL (R-4)
ENVIRONMENTAL
STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 21)
PURSUANT TO SECTION 15321 OF THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
ACTION:
REVOCATION OF THE LARGE FAMILY DAY CARE PERMIT AT
1952 JAN MARIE PLACE
RECOMMENDATION
That the Planning Commission adopt Resolution No. 3926 finding that the large family day
care use at 1952 Jan Marie Place is operated in a manner detrimental to the health, safety
or welfare of the community and surrounding properties and revoking the Permit to
Operate the Large Family Day Care for the premises.
BACKGROUND/DISCUSSION
At the request of the property owner's attorney, Victor M. Cueto, this item was continued
from the July 26, 2004, special meeting of the Planning Commission.
On March 14, 1988, the Planning Commission granted a permit to operate a large family
day care home at 1952 Jan Marie Place (See Location Map [Attachment AD subject to
the provisions of Tustin City Code (TCC) Sections 9223.a.6 et seq. (See Attachment B).
Planning Commission Report
Revocation of LFD Permit
August 9, 2004
Page 2
When the permit was granted in 1988, the capacity limit established by the Health and
Safety Code for a large family day care home was twelve (12) children, which could
include up to four (4) infants. In 1996, the capacity limit was increased to fourteen (14)
children as established by State Health and Safety Code Section 1597.465, which
provides that:
"A large family day care home may provide care for more than 12 children and up to
and including 14 children, if all of the following conditions are met:
(a)
(b)
At least one child is enrolled in and attending kindergarten or elementary
school and a second child is at least six years of age.
No more than three infants are cared for during any time when more than
12 children are being cared for.
The licensee notifies a parent that the facility is caring for two additional
schoolage children and that there may be up to 13 or 14 children in the
home at one time.
The licensee obtains the written consent of the property owner when the
family day care home is operated on property that is leased or rented."
(c)
(d)
Since the initial licensing inspection on March 18, 1988, the State Department of Social
Services has inspected the large family day care home at 1952 Jan Marie Place (the
"Facility") and documented violations of State Law at least six (6) times. Furthermore,
on June 23, 2004, the Orange County Fire Authority and City of Tustin conducted a joint
inspection with the State Department of Social Services and documented violations of
the following Tustin City Code regulations:
9223.a.6(f) "Any day care home must comply with all regulations adopted and
enforced by the State Fire Marshal and Orange County Fire Department"
9223.a.6(i) "Any day care home must comply with the provisions of the State
Uniform Building Code and City of Tustin Building requirements which apply to
single family residences."
ChronoloQV of Documented Violations
On October 26, 1988, the large family day care home was not in compliance with State
Law in that six (6) infants were being provided day care, which exceeded the then
maximum of four (4) infants permitted in a large family day care home. (See "Licensing
Report" dated October 26, 1988, of the Health and Welfare Agency of the State of
California [Attachment C].)
On February 15, 1994, the large family day care home was not in compliance with State
Law and Tustin City Code Section 9223.6 in that fourteen (14) children, including nine
(9) infants, were being provided day care, which exceeded the maximum of twelve (12)
Planning Commission Report
Revocation of LFD Permit
August 9, 2004
Page 3
children, of which a maximum of four (4) may be infants, pursuant to the then applicable
State Law and City of Tustin Code. (See Letter of Dana Williamson, Licensing Program
Supervisor, dated February 24, 1994, and the attached "Facility Evaluation Report"
dated February 15, 1994, of the Health and Welfare Agency of the State of California
[Attachment OJ.)
On April 6, 1998, the Facility was not in compliance with State Law in that four (4)
infants were being provided day care, which exceeded the maximum of three (3)
infants. Furthermore, only one child was over age five. With a capacity of fourteen
(14), at least two (2) children must be over age five. (See "Facility Evaluation Report"
dated April 6, 1998, of the Health and Welfare Agency of the State of California
[Attachment EJ.)
On April 5, 2004, the large family day care home was not in compliance with State Law
and Tustin City Code Section 9223.6 in that seventeen (17) children, including five (5)
infants were being provided day care, which exceeded the maximum of fourteen (14)
children, of which a maximum of three (3) may be infants. (See "Complaint
Investigation Report" dated April 5, 2004, of the Health and Human Services Agency of
the State of California [Attachment FJ.)
On April 16, 2004, in a follow-up investigation from the April 5, 2004, complaint, the
Facility was still not in full compliance with the above provisions of State Law in that five
(5) infants were being provided day care, which exceeded the maximum of three (3)
infants. (See "Complaint Investigation Report" dated April 16, 2004, of the Health and
Human Services Agency of the State of California [Attachment GJ.)
On June 23,2004, the Facility was not in compliance with the above provisions of State
Law and Tustin City Code Section 9223.6 in that 24 children, including nine (9) infants,
were being provided day care, which exceeded the maximum of fourteen (14) children,
of which a maximum of three (3) may be infants. (See "Complaint Investigation Report"
dated June 23, 2004, of the Health and Human Services Agency of the State of
California [Attachment H].)
On June 23, 2004, the Facility was found to be in violation of TCC Section 9223a.6(f)
and not in compliance with all regulations adopted and enforced by the State Fire
Marshal and Orange County Fire Authority in that the following violations were
observed:
a. No smoke detectors were installed in the sleeping rooms where numerous
infants were found to be sleeping.
b. Electrical improvements were made without City permits.
c. Exits were blocked throughout the house.
d. The number of staff was insufficient to safely evacuate the children in the
event of an emergency.
Planning Commission Report
Revocation of LFD Permit
August 9, 2004
Page 4
e. No documents were produced that the staff had completed any
emergency evacuation training or participated in any drills.
f. A fire alarm was not provided.
(See Orange County Fire Authority Letter dated June 29, 2004 [Attachment I].)
On June 23, 2004, the Facility was found to be in violation of TCC Section 9223a.6(i)
and not in compliance with the provisions of the State Uniform Building Code and City of
Tustin Building requirements which apply to single family residences in that the
following violations were observed:
a. A smoke detector was missing from the rear bedroom.
b. An egress window in the rear bedroom was blocked by cribs.
c. A patio enclosure was built without City permits and used as a child care
area.
d. Light fixtures, outlets, and extension cords were attached to the patio
enclosure in a non-conforming manner and constructed without permits.
(See Field Report dated June 24, 2004, of the City of Tustin [Attachment J].)
Follow-up Actions
On June 24, 2004, the City of Tustin conducted a follow-up inspection and noted that the
missing smoke detector had been installed and the path of egress was cleared in the
bedroom. During the inspection, City staff observed a total of nine (9) children.
In a letter dated June 25, 2004, the City notified Ms. Gallo that no more than 14 children
were to be cared for on the premises and that compliance with City and State provisions
was required. Based on the history of violations, Ms. Gallo was also notified of the City's
intent to commence revocation of the large family day care permit
On July 8, 2004, the City issued a permit to Ms. Gallo to legalize the patio cover. The
structure was inspected and the permit finaled on July 12, 2004. All walls, doors,
windows, electrical work, and suspended ceiling that had been installed without permits
were removed.
Revocation
Pursuant to Tustin City Code Section 9223.a.6.(I): "Nothing contained in the provisions
of [Section 9223.a.6, which relate to the issuance of a permit for a large family day care
home] shall preclude the revocation for cause of any permit granted for a large family
day care home following proceedings conducted by the Planning Commission to
Planning Commission Report
Revocation of LFD Permit
August 9, 2004
Page 5
determine if said use is operated in a manner detrimental to the health, safety or welfare
of the community or surrounding properties."
The evidence presented above shows that the Facility is being operated at an intensity
of use that is not otherwise permitted or allowed in a single family residence in the City.
State law and the Tustin City Code recognize that under certain circumstances, a family
day care home with fewer than 14 children can be maintained in a single family
residence. This Facility appears to be operated as a day care facility that houses more
than 14 children and is therefore a commercial use. Commercial day care facilities
constitute an impermissible commercial activity and intrusion in a single family
residential neighborhood. This Facility, operated at commercial levels, subjects the
neighborhood in which it is located and adjoining property to increased noise related to
the additional children and related activities located on the property, and traffic
congestion, circulation, and parking problems related to increases in vehicles dropping
off and picking up children from the Facility. Such noise, traffic, and parking problems
exceed those typically associated with a single family residence in a residential
neighborhood. In addition, the failure of the operator of the Facility to properly comply
with applicable fire and building regulations subjects the children and infants housed in
the Facility to potential fire and building safety dangers that can pose a serious threat to
the health, welfare, and safety of these children and infants.
The Community Development Department recommends revocation due to the serious
nature of the violations and the failure of the operators of the Facility to properly comply
with the Permit to Operate and the applicable laws of the State of California and the City
of Tustin. The Community Development Department specifically notes that only two
months lapsed between the complaint and follow up in April 2004 and the latest incident
in June 2004 when the Facility was found by State authorities to house nearly twice as
many children as permitted under State and local law.
The April and June 2004 investigations and determinations of overcapacity are not
unique. As outlined in the chronology above, the operator, within seven months of
receiving the Permit to Operate in 1988 and on at least two instances during the 1990s,
had been investigated and found to house more children and/or infants than allowed
under the applicable laws. The documented history of repeated past violations
documented by the State Department of Social Services is strong evidence for revoking
the Permit to Operate.
The recommended revocation is based upon findings that the following violations of the
approved Permit to Operate issued on March 14, 1988, and the provisions of TCC
Section 9223.a.6 have occurred:
1.
Failure to comply with the general provisions of TCC Section 9223.a.6
which allow no more than 12 (or 14 after 1996) children to be cared for at
the Facility.
Planning Commission Report
Revocation of LFD Permit
August 9,2004
Page 6
2.
Failure to comply with the regulations adopted and enforced by the State
Fire Marshal and the Orange County Fire Authority as required pursuant
to TCC Section 9223.a.6(f).
3.
Failure to comply with the provisions of the State Uniform Building Code
and the City of Tustin Building Requirements which apply to single family
residences as required pursuant to TCC Section 9233.a.6(i).
Public Notice
On July 14, 2004, staff mailed public hearing notices to Ms. Barbara Gallo, the operator
of the large family day care home at 1952 Jan Marie Place, and all property owners
within one hundred (100) feet of the site. In addition, staff provided a copy of the staff
report (for the July 26, 2004, meeting) to Ms. Gallo on July 22, 2004, to provide
sufficient time for review. A copy of the staff report for the August 9, 2004, meeting was
provided to Ms. Gallo on August 5, 2004.
If the large family day care home permit is revqked, no new permit application for the
same use at the same site may be filed for one (1) year.
Environmental
The revocation of a permit to operate a large family day care home has been
determined to be Categorically Exempt pursuant to Section 15321 (Class 21) of the
California Environmental Quality Act (CEQA) related to enforcement actions of
regulatory agencies to revoke entitlements.
Recommended Actions
Based on the evidence described in this report and attachments hereto, the Community
Development Department contends that the required findings can be made and
recommends that the Planning Commission find that: (1) The Facility has consistently
exceeded the capacity limits provided under State and local law; (2) The most recent
investigation established that the Facility, with 24 children, including 9 infants, grossly
exceeds the capacity limits under law; (3) The Facility, as operated, is not permitted in a
single family residence; (4) For the reasons stated in this report, the Facility is being
operated in a manner detrimental to the health, safety or welfare of the community or
surrounding properties; and (5) Revocation of the Permit to Operate is warranted.
~ ~ ~ a ~ -d: ?I-ß...:.- J..
Scott Reekstin Elizabeth A. Binsack
Senior Planner Community Development Director
sr:LFD Revocation 1952 Jan Marie Place Continued.doc
Planning Commission Report
Revocation of LFD Permit
August 9, 2004
Page 7
Attachments:
Attachment A: Location Map
Attachment B: Tustin City Code (TCC) Sections 9223.a.6 et seq.
Attachment C: Licensing Report dated 10/26/88
Attachment 0: Letter dated 2/24/94 and Facility Evaluation Report dated 2/15/94
Attachment E: Facility Evaluation Report dated 4/06/98
Attachment F: Complaint Investigation Report dated 4/05/04
Attachment G: Facility Evaluation Report dated 4/16/04
Attachment H: Complaint Investigation Report dated 6/23/04
Attachment I: Letter dated 6/29/04
Attachment J: Field Report dated 6/24/04
Attachment K: Resolution No. 3926
Attachment L: Letter dated July 26, 2004, from Victor M. Cueto
ATTACHMENT A
LOCATION MAP
LOCATION MAP
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ADDRESS 1952 Jan Marie Place
TUSTIN
CITY
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/I-51 SANTA ANA FREEWAY
ATTACHMENT 8
TUSTIN CITY CODE (TCC) SECTIONS 9223.a.6 et seq.
TUSTIN CITY CODE
ZONING
9223
6.
REV: 7-2003
Large family day care homes, caring for seven (7) to twelve (12) children, are subject
to the following regulations:
(a) Prior to commencement of operation of any large family day care home, the
applicant for a permit shall complete and submit an application to the Commu-
nity Development Department. Information provided on the permit shall include:
Name of operator; address of the home; and a list of property owners within a 100
foot radius of the exterior property boundary of the proposed day care home.
(b) Large family day care homes shall be operated in a manner not exceeding the
noise level in the Tustin Noise Ordinance, nor shall such day care homes be
allowed to operate in a manner that would constitute a nuisance to neighboring
properties. A day care home shall by design, location and layout avoid any
potential noise which may constitute a nuisance to neighboring properties.
(c)
A permit shall not be granted for a large day care home that would be established
within 300 feet of the exterior property boundaries of any existing licensed large
family day care home.
(d) All property owners within a 100 foot radius of the exterior property boundary of
a proposed large family day care home, as shown on the last equalized County
assessment roll, shall be notified of the intent to establish such a home.
(e)
No hearing on the application for a permit shall be held by the Planning
Commission unless a hearing is requested by the applicant or a property owner
within a 100 foot radius of the exterior boundary of the proposed home. If no
hearing is requested, the permit shall be granted if the large family day care
home complies with the provisions of this Code.
Any day care home must comply with all regulations adopted and enforced by the
State Fire Marshal and Orange County Fire Department.
The play yard of the home must be enclosed by a minimum six-foot high fence
setback from the required front yard.
(f)
(g)
(h) The Planning Commission shall not grant a permit for a large family day care
home for any location that has on the property a swimming pool as defined by
Section 102 of the Uniform Swimming Pool Code, as adopted.
(i)
Any day care home must comply with the provisions of the State Uniform
Building Code and City of Tustin Building requirements which apply to single
family residences.
Any large day home must provide one (1) off-street parking space for each
employee who is not a resident of the premises, and provide adequate drop-off
and/or pick-up facilities on-site or immediately adjacent to the site as necessary
to avoid interference with traffic and to promote the safety of children.
(j)
(k) An applicant for a large family day care home shall be licensed or deemed to be
exempt from licensure by the State of California as a large family day care home.
LU-2-10
TUSTIN CITY CODE
ZONING
9223
Nothing contained in the provisions of this amendment shall preclude the
revocation for cause of any permit granted for a large family day care home
following proceedings conducted by the Planning Commission to determine if said
use is operated in a manner detrimental to the health, safety or welfare of the
community or surrounding properties. (Ord. No. 911, Sec. 3, 5-21-84; Ord. No.
991, Sec. 2, 8-3-87)
Second residential units:
(1)
7.
(a) Maximum. height: 30 feet
(b) Minimum. building site: 12,000 square feet
(c) Maximum. overall lot coverage for all structures combined: 50 percent
(d) Maximum. lot coverage for the second residential unit: 30 percent of rear yard and
30. p~rcent of side yard
(e) Minimum. front yard setback: 50 feet for detached unit; 20 feet for attached unit
(f) Minimum front yard setback for off-street parking: 50 feet
(g) Minimum side yard setback: Corner lot line: 10 feet; Interior lot line: 5 feet
(h) Minimum. rear yard setback: 5 feet
(i) Maximum. floor area of second residential unit: 10 percent of total lot area
(j) Minimum. Off-street parking: Assigned two-car garage in addition to the required
parking for the primary single-family dwelling
(k) Driveways: Subject to Subsection 9271bb
(l) The second residential unit shall be consistent with the architectural style,
materials and color of the primary single-family dwelling and shall not detract
from the single-family appearance of the primary single-family dwelling
(m) The second residential unit shall not cause a substantial adverse change, as
defined in California Public Resources Code Section 5020.1, in the significance of
any real property that is listed in the California Register of Historic Places or the
City of Tustin Historical Resources Survey
(n) The second residential unit shall be constructed concurrently with, or subsequent
to, the primary single-family dwelling, which shall be conforming or brought into
conformance with the Tustin City Code
All entrances to the second residential unit shall be to the rear of the primary
single-family dwelling and shall not be visible from the public right-of-way
(p) When the primary single-family dwelling would conform to the development
standards normally applicable to second residential units, and the second
residential unit is built between the primary single-family dwelling and the front
property line, the second residential unit shall be subject to the development
standards normally applicable to the primary single-family dwelling. (Ord. No.
1271, Sec. III, 6-2-03)
(0)
REV: 7-2003
LU-2-11
ATTACHMENT C
LICENSING REPORT DATED 10/26/88
JUN 24 20Ø4 18:01 'FR DC
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DISTRIButiON:
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Dupliutff: F/lcillty
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RI!FER TO:
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ATTACHMENT D
LETTER DATED 2/24/94 AND.
FACILITY EVALUATION REPORT DATED 2/15/94
JUN 24 2004 18:00 FR l
.HILD CARE
714 703 2831 TO 9~
J113
P.09/16'
STATE Œ CALIFœNIA
CCMUIT'I'Y ~ LICENSING
2323 N. Broadway, Suite 435
Santa Ana, CA 92706
(714) 558-4563
FAX (714)558-4957
ßFAL'.IB , B1?ARE AGEH:1'
February 24, 1994
Barbara Gallo
1952 Jan Marie Place
TuStin, CA 92680
Dear M$. Gallo:
,;"",:";,,,
This is to inform you that we have scheduled an office conference wi" :~.' ÿi;:,u on
March 4, 1994 at 9:30 A.M. in the Santa Ana DistriCt Office located at 2323 N.
Broadway, SUite 435, Santa Ana, CA 92706.
The purpose for the office conference will be to review and discuss cited
deficiencies and conœms we have with the operation of your facility.
Specific areas of discussion will include:
Overcapacity Issues
If you wish, you may bri1lg someone to help you in this review. In addition to
myself, also participating in this meeting will be T. CV'ek-Eu.ge, Licensing
Program Analyst. '
1~"
Please notify us 'if you are unable to keep this appointment so we my reschedule
it ata mere convenient time. '
Sincerely,
lD~
Dana Williamsor:¡
Licensing Program Supervisor
Santa Ana District Office
JUN'24 2004 18:00 FR C ~HILD CARE
.
FACILITY EVALUATION REPORT
See other side for explanation of form.
FAOILITY NAME
ST A 'n! OF CAI.IFCRNlA -1SAL'nt AHÞ WIiLFNIii ~;NCY
714 7032831 TO 9~
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REFER TO
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0 PRE CE SING ANNUAL 0 FOLLOW-UP ~UNANNOUNC D TlMEOOWLGm!
DEFICIENCY INFORMATION FOR THIS PAGE: CIVIL PENALTY INFORMATION:
0 T)'p6 A D No Deficiency CIted 0 Penally A:søaa6d 0 P.118I1y Notiœ Given
T ¡ P"nal C c¡aMld 0 NotA' e
PLAN OF CORREOTtONS (POOl)
Pac
DUE DA'Œ
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118818.ment of $SO per day (Family Day Care Ho mes, Foster Family Homes and all governmental agenel. are exempt).
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JUN 24 2@04 18:00 FR L ~HILD CARE
P .11/16
o¡J>ARI1IIiHT OF SDCIAI. s:g \ C'S
COMMUNITY OAAE UO!H81NG
714 7032831 TO 9~ 3113
STATE OF Q,l,LJI'OIINU\ - H!AI. TH NIJ WEl.FAAE AGENCY
FACILITY EVALUATION REPORT
Se. other side for explanation of form.
REFER TO
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Failure to correct the above cited deficlencY(ie8), on or before the Plan of Correction (POC) due date., may re8ulUn 8 civil penalty
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I. Ç-~.
AGENCY COpy
JUN 24 2004 18:01 FR DC
S'l'AT! OF ~PORNIA - HEAIJ1i AND WEI.F~ AGENCY
ILD CARE
714 703 2831 TO 95'
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REFER TO
FACILITY eVALUATION REPORT
See other side for explanation of form.
F,ACtUTY NAME
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TYPË o~ VISIT: D OF IcE 0 EVALUA ON
PREUCENSING UAL
DeFICIENCY INFORMATION FOR THIS PAGE:;:
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Failure to corfect the ab0lV8 cited deflclency(iøs}, on or before the Pilln of Correction (POC) due date, may "'Ult In a civil pel"alty
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uç IIOV (iIID)
AGENCY COpy
JUN 24 2004 18:01 FR 0... ,.-IILD CARE
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714 703 2831 TO 9~
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, DCMm1II~NT QI- ðUClI\L III<tIVI¡;CtJ
COMMUNlT'fCWIE LICiNSlNG
FACILITY EVAIJUATION REPORT
s.. other side for 8Xþlanation of form.
REFER TO
,,"OWlY NÁIIIE
~ð
ADOR&U q 1- V\.. -TlA. 5> b If .e
TYPE OF VISIT: 0 0 IC5 0 EVALUATION 0 MANAG5M5NT 0 MET WITH 0 ANNOUNCED
1:1 'F'REUOENSING ANNUAL 0 FOLLOW.U ) '-. U NNOUNCSD
DEFICIENCY INFORMATION FOR THIS PAGE: CIVIL PENALTY INFORMATION:
0 Type A 0 No Doficioncy Cited 0 PenaltY Asø88Ød 0 PenaltY Notice Given
0 T ß B' 0 Pins Cleared 0 Not A Ii Þle
PLAN OF CORRECTIONS (poes)
~
t~
L-"
..61
Failure to correct the .bove cited deficiency(les), on or before the Plan 01 Correction (POC) due date, may result In 8 civil pcmalty
88.i.8ment of $50 per day (Famiiy Day Care Homes, Foster Family Homos and all 9ovemmental agencies are exempt).
\.ICIIDII~-
ATTACHMENT E
FACILITY EVALUATION REPORT DATED 4/6/98
JUN 24 2004 18:00 FR l
:H I LD CARE
714 703 2831 TO 9,
3113
P.08/16.
D&PAr\TJftl:l'4I OF BClClALSIIMc;s, , ,
. CClMUUNny ~RIõ I.ICEHSING, ,
&T ATE 01' c.w'O~IA - HEAl. TH AND wa~AI'I1! AGENCV
FACILITY EVALUATION REPORT
REFER TO
"'~'-,..
..".
I'OC
I!:D4're
-"
~t_-
.',.:---
"<.
"
r~
-_......,'~~
-."--
.
I
""'-"""---""""".'"
.. . ""'--'-"""" , I" --
Failure to oorreèt the above cited deficienoy(ie$), on or before the Pie" at Correction (POC) due date, may result In ø civil penalty
assessment of $50 per day (Family Child Care Homes, Foster Fømily Homes and al1 governmental agencies are exempt).
~'i>.',"oM:---'--"\..{ '-~-ïundë;;;iaiid niÿ"iiOOnsíng'Opp~i ng~ts ..--
-. e- 1ã>:2~ ~i:/."." " : ~w:_in.d on tho bOOk,of~~.. . ~ /0 P
II ) ,.)-f- rP' ,. . ~
. .. - '~"'-."-=; .... AG~NCY -;o;y ..--... .. . ... . Page --I- of + pages
.....----...........-.,......-
ATTACHMENT F
COMPLAINT INVESTIGATION REPORT DATED 4/5/04
JUN 24 2004 18:00 FR L
,;HILD CARE
714 7032831 TO 9.
3113
P.06/16
81"'T8 GI' 0M!I'GItIf1l' NMLTM .. H'*I" 8111MCD """'CT
CWI'aIUM DIII"AIm8tT or eaow. 8VIOD
_lInY OMII ........ IIMIIOI8
0l81li. CIIiM 0Ite, fII 'nII- Dr.
oru... ItA --
COMPLAINT INVeSTIGATION REPORT
Thí$ is 8n ot'ficial report of an unannounced visitlinvestigatiQn of 8 oompillint received in our office 011
UIO2I2004 IInd conducted by Evaluator Darlene Bonu
PUBLIC COMPLAINT CONTROL NUMBER: 67545
FACILITY GALLO. BARBARA FACILITY 30D609177
NAME: NUMBER:
DIRECTOR: GALLO,BARBARA FACIUTY TYPE: 810
ADDRESS: 1952 JAN MARIE PLACE TELEPHONE: (714) 869-0884
CITY: TUSTIN STATE:CA ZIP CODE: 92780
CAPACITY: 14 CENSUS: 3 DATE: 0410512004
Complaint UNANNOUNCED TIME VISIT 09:45 AM
BEGAN:
MET WITH: BarbQra TIME COMPLETED: 11:00 AM
ALLEGA TtON(S):
1 overcapacity
2
3
4
5
6
7
8
9
INVEST1GAnON FINDINGS:
1 Present today was the licensee, 25 year old son, and a5$istant Leyva Genis. caption of Firø Department
2 reeponded to a 911 phone call regarding the licensee's son having B seizure, When arriVed 17 children where
3 observed at the facility. Childrens files where reviewed today. Ucensee .tated the parents of 9 children where
4 called thlilt they could not be oared for today. 3 children where at the facility, thl!lir þ8rents could not be
5 contacted prior to the children arriving tor care. Ucensee gave the files of the children that WOUld of been In
6 care today. the files reviewed showed a total of 5 infants in care end the remaining over 2 Y8Ell& old age.
r Uoensee is being cited for overcap¡¡city on 412104. MUST REDUCE INFANTS AND CHILDREN IN CARE BY
8 416104. LICENSEE 1$ BEING REQUESTED TO ATTEND A OFFiCe CONFERENCE. LICENSEE WILL BE
9 NOTIFIE:DI>.ßTOTHETIMEAN~Dt...;~_~, ¡ 4- //;r~~/7. '..... ~~. .-}
~~ ~¡t/~~¿. ~<. t/,(~/. ,({.# ~I'~;r 'j,-5 ¡p;
~2 p,-1Yl . _.': ß- 67
subat8nti8t8d Estlmat8d Days of Completion:
SUPERVISOR'S NAME: Msrian WaUmeier TELEPHONE: (714) 703.-2808
,,~ /\
LICENSING EVALUATOR NAME: Darlene Bossu ,/ l ,,\"'.' TELEPHONE: (714) 703--2815
UC!NSING EVALUATOR SIGNATURE: , . 0,::" (J'ft..(¿/.~...ë^ DATe: 04/0512004
lacknawtedge rec;eipt afthls form and undcr~~ II)Y ~P~.I,rig~~'Plained and nlCl8i1J«l.
FACILITY. REPRESeNTATIVE SIGNATUfŒ:~,u...i.m ~'l6{!!f¡) DATE: 0410512004
V
uceMefllA8I~/IIO8I
JIIt8: , ..,
JUN 24 200418: 00 FR L
;HILD CARE
714 703 2831 TO 9.
3113
P.07/16
irATI ap CMLII'OIttIIII- HIIAI. "" -..-. -- AII8Ie'I'
OALØ'OMIIA ~ .. -. 88W88
-.ut'Y OMI UCIII8II8 IIt\WDI
0N8f8 OlIN OUt, 7111 TM..., Dr.
ÒI8IIt8. OA ...
COMPLAINT' fNveSTIG~ TlON REPORT (Cont)
FACII.ITY NAME: GAU-O, SAR8ARA
DEECIENCY INFORMATION FOR THIS PAGE.:
VISIT DAT!: 04/0512004
Ð8tIáency Type DEFICIENCIES PlAN OF CORRECnONS(POCIJ
POC Due DIte /
Section NuriJer
:
T~A 1 n".,. OIIPIIèIty w~t-12 c;hiIdl'1lll, 4 being intanta. 1 MUST REDuce CHILDREN IN CARE.
D4.QWQD4 2 UCENSEE WAS CARING FOR 17 CHILDREN ON 2 MUST CARE ONL.YWH~} I;.sTATED
SIIdIøn CIted 3 4'2/O4..CAPT. OF FIRE DEPART. OBSERVED THE 3 ON YOUR L.ICENSE . (;-¡
4 CHILt)REN AFTER RI;;SPONDING TO FACILITY. FILES 4
102HX241SS 5 WHERE GIVEN BY LICENSEE AND REVIEWED. I.ICENSEE 5
6 WOULD OF SESN CA~INC;¡ FOR 5 INFANTS. PARENTS 6
7 WHERE CALL-ED TO STATE THEY COULD NOT BE CARED 7
FOR'ON4604.
1 1
SediQfl C"" :z 2
3 3
4 4
5 5
6 6
7 7
1 1
SectIon Chd '2 2
3 .:3
4 4
5 5
e 6 -
7 7
1 1
S8C::tian CIted 2 '2
3 3
4 4
5 5
6 6
7 7
F.ng... to comd, th& cited deftciencyfies}. on or before the Plan of Comctton (POC) due date, may re8UIt
in 8 civil .pI8halty ......ment.
SUPIRVlSOR'S 'NAME: Marian Watlmeier ,I ,TElEPHON~ (714) 703-2808
/,\ /
~~~~:: :=;~::;:~~:~e Bossu iJi¿- (; 'í Ul (IP"" :=:4) 70~15
I acknowledge.. ~,ofthil,form and Uncle~PB'rx a~ .!i~~,~,,~'ned and,..ved.
FACILITY ReP.ReSeNT A TIVE SIGNA TURE:\J.i..I/ú(t£Lli/.~ DATE: 04I05/2DD4
UOMtil'MI-f4/111
~:"'f
ATTACHMENT G
FACILITY EVALUATION REPORT DATED 4/16/04
JUN 24 2004 17:59 FR L
;H I LD CARE
714 703 2831 TO 9~
';113
P.Ø4/16
rrATil 01' CAIM'OIt- . HIlA&. '1M MDMIIIIIIUI -- AllIIIICT
~ IIIIP""'" or 8CIOI& IIIMIIII
~ OMI UCIIQII I -
"" 08IIII 0-. 7ft n. 0IIIJf Dr. .
-... aa--
FACIUTY EVALUATION REPORT
FACILITY
NAME:
DIReCTOR:
ADDRESS:
CITY:
GALLO,BAR8ARA
FACILITY
NUMBER:
FACILITY TYPE:
T!LEPHONE:
ZIP CODE:
810
(714) 889-0884
92780
0411612004
10:00 AM
11:30 AM
300609171
GALLO, BARBARA
1952 JAN MARIE PLACE
TUSTIN
STATE: CA
CAPACITY: 14
TYPE OF VISIT: poe
MET WITH: Barbara
CENSUS: 13 DATE:
UNANNOUNCED TIME BEGAN:
TIME COMPleTED:
DEFICIENCY INFORMATION FOR THIS PAGE:
type A .
CIVIL PENALTY INFORMATION:
COMMENTSIDEFICIENCIES
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
LPA BO$$U visited facility for the purpose of a follow-up regarding the licens" being DVerœpBCity. L.ic8n$"
we! cited for too many children În care the day fire department responded to a 911 phOrle call for her son
having a seiZure. Todaya visit licen$ee has 13 children in C31I'I!I, 5 being infants. LioensH must reduce by one
intent by 4/17104. BEING CITED FOR OVERCAPACITY.
LICENS5E STATES CHILD #13 ON CHILDRENS RECORD REVIEW WILL NO LONGER Be IN CARE.
LICENSEE STATES SHE WilL NOTIFY PARENT TODAY.
!l / ".!;t;Π~ 4fc (I ~. . f OJ h l
/L 0 tG:dP t1..æfhM
F811ure to comd the dted deflciency(ies). on or before the Plan at CorrectIon (pac) due d8te, may ,...ult
1n . c:tvfl penlllty ......ment.
SUPERVISOR'S NAME: Marian Wallmeìer TELEPHONE: (714) 703-2808
..
UCENSING EVALUATOR NAME: Daneoe Boli$u l/ / TELEPHONE: (714) 703~2815
LICENSING EVAWATOR SIGNATURE: ;' (J~~ }¡1,( t":;"--- DATE: 04/1612004
~=:;~ ~:~FDA~7:::"'-'
lJO888. '-1- (41181.
II1II: ...,.
JUN 24 2004 17:59 FR L
)' ILD CARE
714 7032831 TO 9~
)113
P.05/16
FACIUTY EVALUATION REPORT (Cont)
CAI.JPOIIIIIa 118"'M'tIIIIIIfOP ICICIUII.IIIMI8
èO81Ullm' QMI ..-.-
01'8... CIIId 0... ,... TIle .. Dr.
0f88t8, . ...
nAil 01' DALIPGNU .IIIIAI.TM AU HUIIIIM elilMCl8 MINCY
FACIUTY NAME: GALLO. BARBARA
DeFICIENCY INFORMATION FOR THIS PAOE:
VISIT DATE: 04/1612004
DØICIenOY Type DEFICIENCIES PLAN OF CORRECTION&(POCs)
POC Due Døt8 I
. SectIon Numb«
Type A 1 LICENSE CAPACITI W/AS$I$TANT.WHêN CARING FOR 1 MUST REDUCE. BY 4I17~
04117 fJ!D4 2 OVER 12 CHILDREN IN CARE. 3 INFANTS CAN ONLY BE IN 2
8RtiDn CIted 3 CARE. UCENSeE IS CMING FOR 13 CHILDREN AND 5 3
4 BEING INFANTS. :3 ONLY INFANTS CAN Be IN CARE 4 '.
102416.5 IS 5
6 6
7 1
1 1
S8c:tIon CIbId ,2 2
3 :3
4 4
5 5
6 e
7 7
. 1 1
2 2
3 3
4 4
5 6
6 6
- 7 7
1 1
2 2
:3 3
4 4
5 :I
6 6
7 7
Failure to correct the Cited defictenCY(i8s). on or before the Pia" of CorTeCtion (POC) due dlde¡ may re8ult
in . clvU penalty U8888ment.
SUPERVlSOR'S NAME: Merien Wallmeier
UCENSING EVALUATORNAM!: Darlene Bossu
UCENSING EVALUATOR SIGNATURE:
tELEPHONe: (714) 703--2808
,'Ill! ' ) TELEPHONE: (714) =15
i1.i .'., /~ATE: 04/1612004
,/ . I
l_owIodgo -pi atllltl ...... and -8'Y, -' ri9~oined one! _.
FACILITY RepRES~NTATIVE SIGNATURE: -1d.l'L1I...1LP . i DATE: 04'1612004
LICIttIIPMI" (Ø8
.....:¡..~
ATTACHMENT H
COMPLAINT INVESTIGATION REPORT DATED 6/23/04
JUN 24 2004 17:59 FR
:HILD CARE
714 703 2831 TO ~
3113
P.02/16
~(FAa).($GO1
Pl( 8:1"2
STAn¡ OF CAI.II'DIUIA . - 'I'rI AND H\IWIIII '~E$ AQENCY
CAUFDIUIIIA D!!PAImIINT OF 8OQIAL ARVICØ
CCIItIIIIUNITY QUIIi uc:IiHIINIiJ JIVI8II)N
~ CIIiId CIØ, 7IØ .,. CIIIr Dr.
DnuI t, CA'"
COMPLAINT tNV!STlGATION REPORT
This is II" affiœ report of an unannounced VÌsítlirMJstiglitionof a comþleint received in our oftioe on
0611812004 and conducted by Evaluator Darlene Bosso
PUBLIC COMPLAINT CONTROL NUMBeR:
FACILITY GALLO,BARBARA. FACILITY 300609177
NAMe.: NUMBER:
DIRECTOR: GA.l.LO,BARBARA FACILITY TYPE: 810
ADDRESS: 1952 JAN MARIE PLAce TELEPHONE: (714) 869-0884
CITY: TUSTIN STATE:CA ZIP CODE: 92780
CAPACITY: 14 CENSUS: 24 DATE: 0812312004
Complaint UNANNOUNCED TIMe VISIT 11:30 AM
BEGAN:
MeT WITH: B8rÞal'l'.l Gallo TIME COMPLETED: 02:00 PM
ALLEGA TION{S):
1 IW8fOlpaç ty 24-30 children being cared for
2 .
3
<4
5
e
7
B
9
INVESTIGATION FINDINGS:
1 Present today wes the licensee. one cleared assistant arid one unfingerprlnted uncle8red adult. (Olga sanches.
2 2~ children, $ being infants wtJw. being cared for at todays Visit. 2 children left the f8o1lltY In thfit morning a
3 chllG stated that was interviewed. Om, of the children that left the facilItY In me morning WI; an InfJnt and the
4 other 2.3 years old. <4 chilctreh left the facility while the lPA's where present. Licensee WÞ c:i*I on 4/5104,
6 4/1Í1O4 for overcapacity of children in care. A non-compliance c;onference will be tcheduled førtl'le licensee to
6 Bttènd. Ucenseewlll be notified as to the time and day. 6 children óo not have files. Roster of children In care
7 i5 not complete. Fire Clpal1m8nt(Darren Johnson) arrived while LPA's where at the, facility. DlrrenJohnàon
8 stated code enforement and polioe Department would be arriving at the 1acillty. Complaint for ovørc:apaclty is
9 substantiated
1
11 4 childrel1left the facility while LPA's where F'reeent
1
13
8ub8t8ntA8ted
éstâm8t8d 0IyI of Compl8tion:
SUPERVISOR'S NAME: Marian W.lhT,eì*(
UCENSING eVALUATOR NAME: Darlene Bosl.u
lICEN8fNG"EV AlUATOR SIGNA TURf:
I 8Clmowllláse reaeipt of the. fI:Jfm ancr;¡nde
FACIUTY'REPRÈSENTATfVE &IGNATUR .
TELEPHONE: (714) 70$-2808
TELEPHONE:' (714) 703-2815
DATE:. 06I23l2OO4
:i
JUN 24 2004 17:59 FR l
.H I LD CARE
714 703 2831 TO 9,
3113
P.03/16
COMPLAINT INVESTIGATION REPORT (Cant)
CALII'ORNIA DI!'PMTII8IT OF 8àIML 8I!IMC&
COMMUNITY eM!! LICI!M8INCI DM8ION
0ItIItIi8 CllilII CII8. !'III TiI8 CItw' Dr.
aran,e. CI' -
CT.IITII! OF ~ - HÐ&. TH AND H\llWllIII!RVICI!!8 MaIOV
FACIUTY NAME: GALLO, BARBARA
DelilCIENCY INFORMATION FOR THIS PAGE:
VISIT DATe: CI6J23I2O04
DeficØnr;yTJPII DEFICIENCIES PLAN OF CORRECT10NS(POCt)
POC Due DIIie I
8KtIOn Number
Type A 1 lJcen88œpacity..12 chIIdr..... üœnsee was oaring lor 24 1 C8nnol at a~ 8IC8Id Gll :lldy
0ISI24I2Q04 :2 chiIdrcrI today. 6 chIIdI"en Ie!!: theficitily. 4 left while LPA'& wtlere 2 çhJdren of whm is; stated on ~ license
Ii8CUon C*d 3 ~m 3
102.416.5 -4 4
5 5
6 6
7 7
, 1
Section CII8d 2 2
3 3
4 4
5 5
6 6
7 7
1 ,
&ceIiOn Clied 2 2
3 3
4 4
5 5
6 e
7 7
--
, ,
sectiun CIted 2 2
3 3
4 4
5 5
6 6
7 7
f8lture to correçt the ~ áeficíency{iea), on or before the PI.n of Correction (pac) due d8te, nt~ re8uJt
in 8 'civil penatty .....,..nt.
SUPERVI80R'S NAME: Marian Wallmeier
UCENSING EVALUATOR NAME: Danef'8 Bos
,LICENSING EVAlUATOR SIGNATURE:
TELEPHONE: (714) 703-2808
TELEPHONE: (714) 703-2815
DATE: 0612312004
1.ICIIJD (Mal- (4 IIG}
"'3011 ,
ATTACHMENT I
LETTER DATED 6/29/04
ORANGE
COUNTY
FIRE
AUTHORITY
P. O. Box 57115, Irvine, CA 92619-7115 .1 Fire Authority Road, Irvine, CA 92602
Chip Prather, Fire Chief
(714) 573-6000
www.ocfa.org
June 29, 2004
RECEIVED
JUL 0 6 2004
COMMuNITY DEVELOPMENl
Elizabeth Binsack
Community Development Director
300 Centennial Way
Tustin, CA 92780
SUBJECT: Gallo - Large Family Day Care Center at 1952 Jane Marie Place,
Tustin, CA Facility Number 30060177
Dear Ms. Binsack:
On June 23, 2004, our department received a call from the State Department Social
Services, Community Care Licensing regarding overcrowding conditions at the above
noted address. Upon arrival Fire Inspector Darren Johnson, from the Orange County Fire
Authority discovered that this facility had been providing care for a total of 22 children.
In this total it was discovered that there were 9 infants that were also in the providers
care. State Licensing limits the total number of children cared for in a Large Family Day
Care home facility to 14, with no more than 3 of the 14 children being infants. The
occupant load observed during this inspection changed the required occupancy
classification to an E3. The State Community Care Licensing agent also informed us that
she has been previously cited 3 times in 2004 for various violations.
The following are additional fire and life safety violations observed during the inspection:
.
No smoke detectors were installed in the sleeping rooms where numeroüs infants
were found to be sleeping.
.
A non-license contractor has completed electrical work in the house; no permits
were obtained through the city of Tustin for this work.
.
Exits were blocked with the numerous baby swings and toys located throughout
the house.
.
In sufficient staff to safely evacuate all the children in the event of an emergency.
.
No documents were produced that the staff had completed any emergency
evacuation training or participated in any drills.
Serving the Cities of: Aliso Viejo' Buena Park' Cypress' Dana Point. Irvine' Laguna Hills. Laguna Niguel . Laguna Woods. Lake Forest. La Palma
Los Alamitos . Mission Viejo' Placentia . Rancho Santa Margarita 'San Clemente' San Juan Capistrano. Seal Beach' Stanton. Tustin' Vi11a Park
Westminster. Yorba Linda. and Unincorporated Areas of Orange County
RF,~'J)F,NT' A', ,C;;:PRTNKI 1<'R" A 1\Tn "1\/fOV¡¡' n¡¡'T¡¡'/""TY\n~ ~. "., . n,.",
Elizabeth Binsack
June 29, 2004
Page 2
.
The only way of notifying the children of an emergency was a whistle, which was
lying on the kitchen table. Devices used as the fire alann must be attached to the
structure as so location of device stays constant and heard throughout the facility.
This facility that is regulated and license as a Large Family Day Care located in an R-3
dwelling is being used as an illegaIE-3. The requirements for an E-3 occupancy are more
restrictive than the current R-3 occupancy. Substantial upgrades will need to be submitted
and reviewed for approval by The City of Tustin and OCF A, prior to granting her
pennission to increase her occupant load to greater than 14 children. An automatic fire
sprinkler and alarm system may be required throughout. All requirements found in the
CFC, CBC & CCR Title 19 will be enforced and required.
Due to the number of previous violations, current over-crowding and lack of safety
awareness and poor occupancy conditions, we are concerned that the safe care of the
children is in jeopardy.
Please let us know if we can be of any service.
Assistant Chief/Fire Marshal
Orange County Fire Authority
Cc
Mary Kanna
Community Care Licensing
750 The City Drive, Suite 250
Orange CA 92868
Dan Runnestrand, DFM
Dianne Parker, AFM
Darren John.son, FSS
ATTACHMENT J
FIELD REPORT DATED 6/24/04
DATE:
Inter-Com
JUNE 24, 2004
TO:
FROM:
KHANH NGUYEN, BUILDING OFFICIAL
BJ AZARVAND, PLAN CHECKER! SR. BUILDING INSPECT~r-
INSPECTION AT 1952 JAN MARIE
SUBJECT:
FI ELD REPORT
On June 23, 2004, Orange ~ounty Fire Authority inspector Darren Johnson called
Building Division regarding over crowding condition at a large family daycare home at
the 1952 Jan Marie and requested assistance from the City of Tustin for inspection.
Upon arrival I proceeded to inspect the property for any Building Code violations. During
my inspection I discovered the following violations:
.
Smoke detector was missingfrom the rear bedroom.
.
Egress window was blocked by cribs in the same bedroom.
.
Tract lighting installed in the patio enclosure and secured to a low suspended
ceiling (within reach). Search of the building permit file shows that the
substandard patio enclosure was built without permits.
.
There were light fixtures, outlets, and extension cords attached to the patio cover
structure in the backyard, in a non -conforming manner and constructed without
permits.
A written notice was delivered to the property owner, Ms. Barbara Gallo the same day
asking her to install the smoke detectorl and clear the path of egress immediately, and
proceed to obtain permit for patio enclosure within ten (10) working days.
While inspecting the property, I counted a total of eleven (11) children including four (4)
infants.
I inspected the property again at 11 :00 a.m. the following day, June 24, 2004. Smoke
. detector was installed and egress path was cleared in the bedroom. During the
inspection, I observed nine children and three adults.
ATTACHMENT K
RESOLUTION NO. 3926
RESOLUTION NO. 3926{PRIVATE}
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN FINDING THAT THE LARGE FAMILY DAY CARE USE AT 1952
JAN MARIE PLACE IS OPERATED IN A MANNER DETRIMENTAL TO
THE HEALTH, SAFETY OR WELFARE OF THE COMMUNITY AND
SURROUNDING PROPERTIES AND REVOKING THE PERMIT TO
OPERATE THE LARGE FAMILY DAY CARE FOR SUCH PREMISES.
The Planning Commission does hereby resolve as follows:
I.
The Planning Commission finds and determines as follows:
A.
That a permit to operate a large family day care home at 1952 Jan Marie
Place (the "Facility") was approved by the Planning Commission on March
14, 1988.
B.
That pursuant to Tustin City Code Section 9223.a.6.(I), the Planning
Commission may revoke a permit to operate a large family day care home if
said use is operated in a manner detrimental to the health, safety or welfare
of the community or surrounding properties.
C.
That on July 14, 2004, staff mailed public hearing notices to Ms. Barbara
Gallo, the operator of the large family day care home at 1952 Jan Marie
Place and all property owners within one hundred (100) feet of the site. In
addition, staff provided a copy of the staff report (for the July 26, 2004,
meeting) to Ms. Gallo on July 22, 2004, to provide sufficient time for
review. A copy of the staff report for the August 9, 2004, meeting was
provided to Ms. Gallo on August 5, 2004. If the large family day care
home permit is revoked, no new permit application for the same use at the
same site may be filed for one (1) year.
D.
That the Planning Commission held a public hearing on the revocation of
the Permit to Operate at a duly noticed, special meeting on July 26,2004,
which was continued to August 9, 2004, and has received, reviewed, and
considered the Staff Reports, dated July 26, 2004, and August 9, 2004,
and the evidence and testimony presented at the public hearing.
E.
That the Facility has consistently exceeded the capacity limits provided
under State and local law.
F.
That the investigation on June 23, 2004, established that the Facility, with
24 children, including 9 infants, grossly exceeded the capacity limits under
State and local law.
G.
That the Facility's operator has consistently violated the terms of the
Permit to Operate, as demonstrated by the following:
1. Failure to comply with the general provisions of TCC Section 9223.a.6
which allow no more than 12 (or 14 after 1996) children to be cared for
at the Facility.
Resolution No. 3926
Page 2
2. Failure to comply with the regulations adopted and enforced by the
State Fire Marshal and the Orange County Fire. Authority as required
pursuant to TCC Section 9223.a.6(f).
3. Failure to comply with the provisions of the State Uniform Building
Code and the City of Tustin Building Requirements which apply to
single family residences as required pursuant to TCC Section
9233.a.6(i).
H.
That violations have been documented by the Health and Welfare Agency of
the State of California, the City of Tustin, and the Orange County Fire
Authority in the following documents, which shall be incorporated hereto by
reference:
1. "Licensing Report" dated October 26, 1988, of the Health and Welfare
Agency of the State of California
2. "Facility Evaluation Report" dated February 15, 1994, of the Health and
Welfare Agency of the State of California
3. "Facility Evaluation Report" dated April 6, 1998, of the Health and
Welfare Agency of the State of California
4. "Complaint Investigation Report" dated April 5, 2004, of the Health and
Human Services Agency of the State of California
5. "Complaint Investigation Report" dated April 16, 2004, of the Health
and Human Services Agency of the State of California
6. "Complaint Investigation Report" dated June 23, 2004, of the Health
and Human Services Agency of the State of California
7. Orange County Fire Authority Letter dated June 29, 2004
8. Field Report dated June 24, 2004, of the City of Tustin
I.
That a continuance of the use would be detrimental to the health, safety or
welfare of the community or surrounding properties, as evidenced by the
following findings:
1. The Facility is being operated at an intensity of use that is not
otherwise permitted or allowed in a single family residence in the City.
2. State law and the Tustin City Code recognize that under certain
circumstances, a family day care home with fewer than 14 children can
be maintained in a single family residence. This Facility, a day care
facility that houses more than 14 children, is therefore a commercial
Resolution No. 3926
Page 3
use and constitutes an impermissible commercial activity and intrusion
into a residential neighborhood and community.
3. This Facility subjects the neighborhood in which it is located and
adjoining property to noise, traffic congestion, and parking problems
that would exceed those typically associated with a single family
neighborhood.
4. The failure of the operator of the Facility to properly comply with
applicable fire and building regulations subjects the children and
infants housed in the Facility to potential fire and building safety
dangers that can pose a serious threat to the health, welfare, and
safety of these children and infants.
J.
That the revocation of a permit to operate a large family day care home
has been determined to be Categorically Exempt pursuant to Section
15321 (Class 21) of the California Environmental Quality Act (CEQA)
related to enforcement actions of regulatory agencies to revoke
entitlements.
II.
The Planning Commission hereby revokes the permit to operate a large family day
care home at 1952 Jan Marie Place.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a special
meeting on the 9th day of August, 2004.
LESLIE PONTIOUS
Chairperson Pro Tem
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 3926
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. 3926 was duly passed and adopted at a special meeting of the Tustin
Planning Commission, held on the 9th day of August, 2004.
ELIZABETH A. BINSACK
Planning Commission Secretary
ATTACHMENT L
LETTER DATED JULY 26, 2004, FROM VICTOR M. CUETO
LAW OFFICES OF
VICTOR M. CUETO
2700 NORTH MAIN STREET, SUITE 1040
SANTA ANA, CA 92705
TELEPHONE: (714) 835-7676
FAX (714) 835-7776
REGULAR MAILNIA FAX (714) 573-3113
July 26, 2004
RECEIVED
J U L 2 8 2004
COMMUNITY DEVELOPMENI
City of Tustin
Community Development Department
300 Centennial Way
Tustin, CA 92780
Attention: Elizabeth Binsack, Director
Re: Meeting Monday, July 26, 2004 @ 6:00 p.m.
Barbara Gallo Day Care
Dear Ms. Binsack:
Per our conversation today, I advised you that Mr. Cueto was out oftown and
would not be able to attend the hearing with Ms. Gallo, therefore, I respectfully requested
a continuance, on the above-captioned matter.
The new scheduled hearing date which was given is as follows:
Hearin1! Date
DATE: AUGUST 9, 2004
TIME: 6:00 P.M.
PLACE: CITY OF TUSTIN
I apologize for any inconveniences we may have caused in contacting your office
on the last day.
Should you have any questions, please feel free to call or contact our office.
Thank you for your attention and cooperation in this regard.
MJNMC/mj