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HomeMy WebLinkAboutPC Minutes 08-09-04 6:13 p.m. Given Floyd absent Staff present None Approved Adopted Resolution No. 3926, revoking the permit 6:14 p.m. Reekstin MINUTES SPECIAL MEETING - 6:00 P.M. TUSTIN PLANNING COMMISSION AUGUST 9, 2004 CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL Elizabeth Binsack, Community Development Director Doug Holland, Assistant City Attorney Khanh Nguyen, Building Official Scott Reekstin, Senior Planner Eloise Harris, Recording Secretary PUBLIC CONCERNS CONSENT CALENDAR 1. APPROVAL OF MINUTES - JULY 26, 2004, PLANNING COMMISSION MEETING. It was moved by Menard, seconded by Nielsen, to approve the Consent Calendar. Motion carried 3-0. PUBLIC HEARING 2. CONTINUED REVOCATION OF PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME AT 1952 JAN MARIE PLACE LOCATED IN THE SUBURBAN RESIDENTIAL (R-4) ZONING DISTRICT. 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. The Public Hearing opened. Presented the staff report, noting that representatives from the Orange Fire Authority (OCFA) and Community Care Licensing were available to provide testimony. Minutes - Planning Commission 08-09-04 - Page 1 Director Pontious Menard Director Nielsen Holland Pontious Mary Kaarmaa, Regional Manager, Orange County Child Care Office Added that the applicant did receive a building permit to legalize the patio cover and addition; and, regarding the letters presented by Ms. Gallo's attorney, Victor Cueto, supporting Ms. Gallo's child care, noted for the record that the documentation contained in the staff report does not cast aspersions on Ms. Gallo's abilities as a child care provider; the City has a fiduciary responsibility to respond to complaints relating to health and safety; the documentation presented in the staff report required further corrective action; that is why staff is recommending revocation of the permit; Ms. Gallo would be allowed to continue the services she is providing in a more appropriate location; there are various commercial locations throughout the City; the problem is that Ms. Gallo's current location provides insufficient capacity to meet the demand that she is accepting; Ms. Gallo would be allowed to provide care for eight or fewer children and that would not require the large family day care permit to operate, although a State license may be required; and, stated the Building Official was also available provide further testimony, if necessary. Noted that the Director had brought up an item she had intended to mention, that being there are other places outside a residence where Ms. Gallo's services could be provided that would fit with what she has apparently been doing. Asked if Ms. Gallo's State license would be in jeopardy, depending on the Commission's decision. Suggested the Community Care Licensing representative could perhaps address that issue. Asked if the revocation will coincide with the new changes in the California Health and Safety Code. Answered that what staff was asking the Planning Commission to do was make a land use decision and whether this is considered an appropriate use within a residential area; in that context, staffs recommendation is consistent with State law and is consistent with the City's Zoning Ordinance. Invited speakers to the lectern, specifically asking the Care Licensing and OCFA representatives to speak. Stated she is affiliated with the State of California Department of Social Services, Community Care Licensing; her section licenses and monitors child care centers and family day care homes in Orange County; this case has been referred to their legal department for review; if Ms. Gallo does not have a permit for a large family day care, she cannot operate at this time; she could Minutes - Planning Commission 08-09-04 - Page 2 Darren Johnson, OCFA Victor Cueto, attorney for Ms. Gallo 6:37 p.m. Nielsen Menard only operate with eight children without having fire clearance and meeting the land use issues imposed by the City. Indicated he was the City of Tustin Inspector for the OCFA; OCFA was called to the site by the State to review their findings in June; the facility was overwhelmed with children; the OCFA's concern is the repeated disregard for the children; the OCFA has never indicated that Ms. Gallo cannot care for the children, but, if an emergency had occurred, she would not have been prepared; it is important for the OCFA to know what to expect in an emergency situation; if a fire were to occur at her home, the OCFA would not be prepared to serve her properly with the numbers of children she had, potentially resulting in a large loss of life; there were no major violations that would require the OCFA to immediately shut down the operation, but not having a smoke detector in the room where children were sleeping was a major violation; everyone's first concern is for the protection of the children under her care; while Ms. Gallo's method of alarm (a whistle) is allowed, there were no fire drills being implemented; while there were other safety concerns, at no time did the OCFA believe Ms. Gallo was not caring properly for the children. Reported the violations noted in the staff report had all been corrected; indicated he had photographs to prove this, but did not offer them for the record; suggested the residence could be re- inspected to show that it is now in compliance; noted the overlap of children was largely due to the overlap of pickup and delivery of the children; stated Ms. Gallo was never advised of these violations and would have taken remedial action immediately, as she has now done; stated that no neighbors have complained about the traffic and safety issues involved in Ms. Gallo's business; Ms. Gallo does not have the means to operate a commercial facility; and, thanked the Planning Commission, staff, and other speakers for their time. The Public Hearing closed. Stated that this revocation creates a difficult situation; there is no question that Ms. Gallo is a caring person and that her clients appreciate her service; the overwhelming issue is community safety; the large number of children being cared for and the other documented violations leave the Planning Commission no choice but to support revocation of the large family day care permit. Indicated he understands the importance of having a day care facility that a parent can trust; it is apparent that Ms. Gallo is such a person; the overage of children, especially infants, dictates that revocation is in order in this case. Minutes - Planning Commission 08-09-04 - Page 3 Pontious Director None Director reported Nielsen Director Nielsen Director Nielsen Menard Agreed with her fellow Commissioners; day care has been an issue in the City for a long time; a precedent needs to be set here that this sort of overage cannot be allowed to continue; it is incumbent upon the Planning Commission to revoke this permit. It was moved by Nielsen, seconded by Menard, to adopt Resolution No. 3926, revoking this large family day care permit. Motion carried 3-0. Noted there is a seven-day appeal period for this item; any appeal would need to be received by 5:30 p.m., Monday, August 16, 2004. REGULAR BUSINESS STAFF CONCERNS 3. REPORT OF ACTIONS TAKEN AT THE AUGUST 2, 2004, CITY COUNCIL MEETING The City Council approved the Vesting Tentative Tract Map for Vestar. The City Council adopted a resolution in opposition to the Centerline project. COMMISSION CONCERNS Stated he was sad to see Jerry Amante in the audience, not at the dais. Asked if staff knows what sort of facility is going in at the former Spoons location on Newport Avenue. Replied that staff has no information on that location but will try to find out. Asked when the Red Hill widening will start. Indicated she would get a schedule from Public Works. Reiterated his earlier concerns about this project taking place during the school year which makes the situation more difficult. Noted it was nice to see Jerry Amante in attendance; and, wished him well in his campaign efforts. Asked for a report on the status of the sewer line going in along EI Camino Real and other streets in Old Town. Minutes - Planning Commission 08-09-04 - Page 4 Pontious Thanked staff for the update on the Old Town sign program. Thanked everyone for attending this evening's meeting. Asked for a motion to adjourn. 6:53 p.m. ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for Monday, August 23, 2004, at 7:00 p.m. in the Council Chamber at 300 Centennial Way. ~~dZ4 Leslie A. Pontious Chairperson Pro Tem ~~~/ Elizabeth A. Binsack Planning Commission Secretary Minutes - Planning Commission 08-09-04 - Page 5