Loading...
HomeMy WebLinkAboutPC RES 3926 RESOLUTION NO. 3926 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. G. 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 forone (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. 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. ~a~DUd LESLIE PONTIOUS Chairperson Pro T em a:~d~ 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. ~/:V?~ ELIZABETH A. BINSACK Planning Commission Secretary