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HomeMy WebLinkAbout01 ZA REPORT LFD 2019-00001 1322 VEEH DR. AGENDA REPORT ITEM 91 MEETING DATE: MAY 14, 2019 TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: LARGE FAMILY DAY CARE 2019-00001 APPLICANT: PROPERTY OWNER: MARIA DEL CARMEN HURTADO JITENDRA & MANISHA PATEL 1322 VEEH DRIVE 932 BORDEAUX LANE TUSTIN, CA 92782 SAN JACINTO, CA 92582 LOCATION: 1322 VEEH DRIVE GENERAL PLAN: LOW DENSITY RESIDENTIAL (LDR) ZONING: SINGLE-FAMILY RESIDENTIAL (R1) ENVIRONMENTAL STATUS: THIS PROJECT IS STATUTORILY EXEMPT PURSUANT TO SECTION 15274 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). REQUEST: A REQUEST TO OPERATE A LARGE FAMILY DAY CARE HOME CARING FOR UP TO FOURTEEN (14) CHILDREN. i' Zoning Administrator May 14, 2019 LFD-2019-00001 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 19-002 approving Large Family Day Care Permit (LFD) 2019-00001 to operate a large family day care home, caring for up to fourteen (14) children in an existing residence located at 1322 Veeh Drive. APPROVAL AUTHORITY That pursuant to Tustin City Code (TCC) Section 9271aa1(e) and Section 1597.46.(a)(3) of the State Health and Safety Code, the Zoning Administrator shall review and decide the application when no request has been,received for a public hearing before the Planning Commission. BACKGROUND The applicant is requesting approval to establish a large family day care caring for up to fourteen (14) children at an existing single-family residence located within the Single- Family Residential (R1) zoning district (Attachment A -- Location Map). Currently, a small family day care home caring for up to eight (8) children is licensed by Community Care Licensing to operate at the residence. Pursuant to the California Health and Safety Code (HSC) Section 1597.45, small family day care homes are considered a residential use for the purposes of all local ordinances. Therefore, no additional zoning restrictions or business license may be imposed. It should also be noted that the City has not received any complaints regarding the existing small family day care facility which has been in operation since February 4, 2019. Additionally, the applicant has operated a similar large family day care elsewhere in the City of Tustin since 2011 without a history of complaints. Per TCC 9223a6, large family day care homes are a permitted use in the Single-Family Residential (R1) zoning district, subject to the regulations contained within Section 9271aa1 (discussed below). A formal application for a large family day care facility is required to be submitted to the Community Development Department for homes caring for eight (8) to fourteen (14) children. The applicant is also in the process of obtaining a license for the large family day care from the Orange County Community Care Licensing Division. Section 1597 et seq. of the California Health and Safety Code (HSC) governs Family Day Care Homes with respect to zoning. The California State Legislature has found and declared that: Family day care homes operated under the standards of state law constitute accessory uses of residentially zoned properties and do not fundamentally alter the nature of the underlying residential uses. Family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees or equipment. (HSC 1597.43) Zoning Administrator May 14, 2019 LFD-2019-00001 Page 3 As a result, HSC Section 1597.46 disallows a city from prohibiting large family day care homes on lots zoned for single-family dwellings. As an alternative, the city may either: 1) Classify these homes as a permitted use of residential property for zoning purposes; 2) Grant a nond iscretio nary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such homes; or; and 3) Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings. The use permit shall be granted if the large family day care home complies with local ordinances prescribing reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic' control, parking, and noise control relating to such homes. With respect to the City of Tustin, the TCC allows for large family day care homes under the third option described above pursuant to standards contained in TCC Sections 9223a6 and 9271 aa1. As prescribed, Section 1597.46(a)(3) of the Health and Safety Code and TCC Section 9271 aa1(e) require notification of all property owners within a one hundred (100) foot radius of the exterior boundaries of the proposed large family day care home. The purpose of this notification is to allow property owners and/or other affected parties within the immediate proximity to comment and/or request a public hearing. No hearing on the application shall be held unless a hearing is requested by the applicant or other affected persons. On April 4, 2019, a notice of the proposed large family day care home was mailed to property owners within a one hundred (100) foot radius of the property. No written correspondence was received within the noticing parameters regarding the proposed large family day care so a hearing before the Planning Commission is not necessary. DISCUSSION Site and Surroundings The property is improved with an existing single-story, single-family home with a two-car garage. The project site is located along Veeh Drive near the intersection of Woodlawn Avenue within the Single-Family Residential (R1) zoning district. - The property is surrounded by other single family residences to the north, south, east and west. i Zoning Administrator May 14, 2019 LFD-2019-00001 Page 4 The applicant has indicated that the large family day care would operate as follows: • The proposed hours of operation would be from 6:00 a.m. to 6:00 p.m. Monday through Friday; • Outdoor play will take place between the hours of 10:00 a.m. to 5:00 p.m.; • Parents drop off and pick up children at different times throughout the morning and afternoon; • Some children may be from the same family, thus drop-off and pick-up spaces needed for the day care may be fewer than fourteen (14) vehicles and would probably not occur at the same time; and, • One (1 ) non-resident is employed at the home. i r -• Subject Property ' r R-1 - i 01 01 t Zoning and Building Code Requirements TCG Section 9223x6 lists large family day care homes as a permitted use in the Single- Family Residential (R1) zoning district, subject to the regulations contained within Section 9271aa1 which are briefly discussed below. • 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. The nearest existing licensed large family day care facility is located on Wildeve Lane to the southwest of the proposed facility and at a distance in excess of 300 feet. i Zoning Administrator May 14, 2019 LFD-2019-00001 Page 5 • The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. There is an existing block wall enclosing the side and rear yard play area which complies with the height requirement. • The Zoning Administrator 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. The property is not constructed with a pool or spa and complies with this requirement. • 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. The applicant has filed an application for a large family day care permit with the Orange County Community Care Licensing Division. Proposed Condition 2.7 would require the applicant to obtain and maintain a valid large family day care home license from the State of California and provide proof of such to the Community Development Department. At the time that the large family day care use is discontinued, the applicant shall notify the Community Development Department in writing. • All day care homes are subject to the regulations adopted and enforced by the State Fire Marshal and Orange County Fire Authority and must comply with the provisions of the State Uniform Building Code and City of Tustin Building requirements. The Orange County Fire Authority will review the subject Large Family Day Care permit application as part of fire clearance for the Community Care Licensing process. The applicant has obtained a plumbing permit for necessary improvements to the property as required by the City's Building Division staff in an inspection of the property. Improvements are underway and upon completion, will be inspected by City staff. Parking Section 9263 of the TCC requires one (1) parking space for each nonresident employee, in addition to the required residential spaces, plus adequate drop-off area as approved by the Community Development Director. There is an existing two-car garage with a driveway wide enough to accommodate two vehicles. Proposed Condition 2.2 requires that one space on the driveway of the property shall remain open and available for use for the outside employee and that the remainder of the driveway shall remain open for the dropping off and picking up of children. Proposed Condition 2.5 also requires the residents of the property to park their personal vehicles within the existing two car garage. Traffic Condition 2.6 requires drop-off and pick-up times of the children to be staggered by at least ten (10) minutes, to avoid multiple cars and pick-up/drop-off activity at any one Zoning Administrator May 14, 2019 LFD-2019-00001 Page 6 given time. Not all 14 children are expected to arrive at the same time. The applicant has indicated that some are from the same family and therefore come together, and some are picked up or dropped off.by the applicant herself, therefore reducing the total number of trips for the facility. HSC Section 1597.46 states "the permit shall be granted if the large family day home complies with local ordinances, if any, prescribing reasonable standards, restrictions, and requirements concerning ... traffic control," not traffic impacts. Proposed Condition 2.12 requires the applicant to ensure that the day care operation complies with the California Vehicle Code and all local traffic control ordinances and posted traffic control devices. Noise Section 1597.46 of the Health and Safety Code states that any noise standards shall be consistent with local noise ordinances implementing the noise element of the General Plan and shall take into consideration the noise levels generated by children. The Tustin 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 caused by eight (S) to fourteen (14) children is anticipated to be minimal. However, proposed Condition 2.9 would require the applicant to comply with the Noise Ordinance at all times. Environmental Review Pursuant to HSC Section 1597.46(c), a large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code [California Environmental Quality Act]. Therefore, Section 15274 of the Guidelines for-the California Environmental Quality Act (CEQA) lists Family Day Care Homes as a statutory exemption. Public Input An official public notice was sent to all property owners within a 100-foot radius of the subject property regarding . the proposed project on April 4, 2019. No written correspondence was received by staff within the noticing period. FINDINGS State law precludes the City of Tustin from denying any large family day care use that complies with local ordinances. The proposed large family day care use does comply with TCC requirements and as conditioned, 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: i Zoning Administrator May 14, 2019 LFD-2019-00001 Page 7 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. 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 besituated 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). 3. The proposed large family day care use, as conditioned, would not be detrimental to, or have a negative effect on surrounding properties. In that, the proposed use is consistent with the large family day care regulations in Section 9271aa1 of the TCC, as follows: 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) No other legally established large family day care homes exist within three hundred (300)feet of the subject property. c) The play yard area is enclosed with an existing minimum six (6)foot high fence. d) No swimming pool or spa currently exists on the site, and none shall be constructed as long as a large family day care is operating at the property. e) The subject property has been inspected by Building. Division staff and the existing structure appears to be substantially in compliance with the building code in effect at the time of construction. f) As conditioned, one .(1) space on the driveway of the property shall remain open and available for parking use of an employee who does not reside at the premises, if needed. g) As conditioned, a minimum of one (1) space on the driveway of the property shall be provided for the drop off and pick up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. In addition, implementation of staggered drop-off/pick-up times for clients will ensure sufficient loading area for children and prevent an overconcentration of vehicles at the site. ' Zoning Administrator May 14, 2019 LFD-2019-00001 Page 8 h) The existing small family day care use at 1322 Veeh Drive has been licensed by the State of Califomia since February 4, 2019, and the City has not received any complaints regarding the use. The proposed large family day care use, as conditioned, meets the local zoning requirements and would be subject to additional licensing and inspections by the State of California Department of Social Services. i) If at any time in the future the City is made aware and concurs that the large family day care is not operated in compliance with local ordinances and conditions imposed, the project may be brought before the Planning Commission for potential revocation proceedings to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. Samantha Beier, AICP Associate Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. Tustin City Code Section 9271 aa1 E. California Health and Safety Code excerpts F. ZAA No. 19-002 ATTACHMENT A LOCATION MAP �i LOCATION MAP LFD 2019-00001: 1322 VEER DRIVE 0 CID trr ' -t, < lax ass 1SVr 1 f. r f ; r �ti ATTACHMENT B LAND USE FACT SHEET - ;a LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): LARGE FAMILY DAY CARE (LFD) 2019-00001 2. LOCATION:VEEH DRIVE &WOODLAWN AVENUE 3. ADDRESS: 1322 VEEH DRIVE 4. APN(S):432-051-13 5. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: NONE 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: RESIDENTIAL WEST: RESIDENTIAL EAST:' RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: SINGLE FAMILY RESIDENTIAL SOUTH: SINGLE FAMILY RESIDENTIAL WEST: SINGLE FAMILY RESIDENTIAL EAST: SINGLE FAMILY RESIDENTIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: LOW DENSITY RESIDENTIAL SOUTH; LOW DENSITY RESIDENTIAL WEST: LOW DENSITY RESIDENTIAL EAST: LOW DENSITY RESIDENTIAL 9. SITE LAND USE: A. EXISTING:SINGLE FAMILY HOME PROPOSED:SAME B. GENERAL PLAN: LOW DENSITY RESIDENTIAL PROPOSED: SAME C. ZONING: SINGLE FAMILY RESIDENTIAL PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT i ATTACHMENT C SUBMITTED PLANS )Sack Yax .� Co t1� ��,aay �00"►"'l oPA U Jif'32"ti 3 1 �ys d Ull 6cAyomm M Qj IRK ry. pu AL sm„vy. r 1 71 �&A s "d ed Y OCwx iti pol 41i co r SK or r� Amo FIC/4 q ATTACHMENT D TUSTIN CITY CODE SECTION 9271 aa1 9271aa1 1. Family Day Care Home Family day care homes, including large family day care and small family day care homes, shall operate in accordance with the California Code: Health and Safety Code. All day care homes are subject to the regulations adopted and enforced by the State Fire Marshal and Orange County Fire Authority and must comply with the provisions of the State Uniform Building Code and City of Tustin Building requirements. Large family day care homes are also subject to the following provisions: (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 Community Development Department. lnformation 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 family day care home that would be established within three hundred (300) feet of the exterior property boundaries of any existing licensed large family day care home. (d) All property owners within a i00-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 ion 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. r (f) The play yard of the home must be enclosed by a minimum six-foot high fence setback from the required front yard. (g) A permit for a large family day care home shall not be granted for any location that has on the property a swimming pool as defined by the Uniform Swimming Pool, Spa and Hot Tub Code, as adopted. (h) The applicant shall be licensed, or deemed to be exempt from licensure by the State of California, to operate a large family day care home. (i) The provisions contained in this Chapter shall not preclude the City from revoking any permit granted for a large family day care home. Proceedings may be conducted by the Planning Commission to determine if said use is being operated in a manner that may be ,detrimental to the health, safety or welfare of the community or surrounding properties. ' I �I ATTACHMENT E CALIFORNIA HEALTH AND SAFETY CODE EXCERPTS i! Section: 1597.30 The Legislature finds and declares: (a) It has a responsibility to ensure the health and safety of children in family homes that provide day care. (b)That there are insufficient numbers of regulated family day care homes in Califomia. (c)There will be a growing need for child day care facilities due to the increase in working parents. (d)Many parents prefer child day care located in their neighborhoods in family homes. (e)There should be a variety of child care settings,including regulated family day care homes,as suitable alternatives for parents. (f)That the program to be operated by the state should be cost effective, streamlined,and simple to administer in order to ensure adequate care for children placed in family day care homes,while not placing undue burdens on the providers. (g)That the state should maintain an efficient program of regulating family day care homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes. Section: 1597.36 The department shall provide written documentation to providers of the need for repairs, renovations,or additions when requested for an application for a loan guarantee pursuant to subdivision(d)of Section 8277.6 of the Education Code whenever the repairs, renovations,or additions are required by the department in order for the licensee to maintain or obtain a license for more than six children. Section: 1597.40 (a)It is the intent of the Legislature that 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. It is the public policy of this state to provide children in a family day care home the same home environment as provided in a traditional home setting. The Legislature declares this policy to be of statewide concern with the purpose of occupying the field to the exclusion of municipal zoning, building and fire codes and regulations governing the use or occupancy of family day care homes.for children,except as specifically provided for in this chapter,and to prohibit any restrictions relating to the use of single-family residences for family day care homes for children except as provided by this chapter. (b) Every provision in a written instrument entered into relating to real property which purports to forbid or restrict the conveyance,encumbrance,leasing,or mortgaging of the real property for use or occupancy as a family day care i home for children, is void and every restriction or prohibition in any such written instrument as to the use or occupancy of the property as a family day care home for children is void. (c)Except as provided in subdivision(d),every restriction or prohibition entered into,whether by way of covenant, condition upon use or occupancy, or upon transfer of title to real property;which restricts or prohibits directly,or indirectly limits,the acquisition, use,or occupancy of such property for a family day care home for children is void. (d)(1)A prospective family day care home provider,who resides in a rental property,shall provide 30 days'written notice to the landlord or owner of the rental property prior to the commencement of operation of the family day care home. (2)For family day care home providers who have relocated an existing licensed family day care home program to a rental property on or after January 1, 1997, less than 30 days'written notice may be provided in cases where the department approves the operation of the new location of the family day care home in less than 30 days,or the home is licensed in less than 30 days, in order that service to the children served in the former location not be interrupted. (3)A.famiiy day care home provider in operation on rental or[eased property as of January 1, 1997,shall notify the landlord or property owner in writing at the time of the annual license fee renewal,or by March 31, 1997,whichever occurs later. (4)Notwithstanding any other provision of law, upon commencement of,or knowledge of,the operation of a family day care home on his or her property,the landlord or property owner may require the family day care home provider to pay an increased security deposit for operation of the family day care home.The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family day care homes. In no event, however,shall the total security deposit charged exceed the maximum allowable under existing law. (5)Section 1596.890 shall not apply to this subdivision. Section: 1597.43 The Legislature finds and declares all of the following: (a)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. Family day care homes draw clients and vehicles to their sites during a limited time of day and do not require the attendance of a large number of employees and equipment. (b)The uses of congregate care facilities are distinguishable from the uses of family day care homes operated under the standards of state law. For purposes of this section,a"congregate care facility"means a"residential facility,"as defined in paragraph(1)of subdivision(a)of Section 1502.Congregate care facilities are used throughout the day and night,and the institutional uses of these facilities are primary uses of the facilities, not accessory uses,and draw a large number of employees,vehicles,and equipment compared to that drawn to family day care homes. I� (c)The expansion permitted for family day care homes by Sections 1597.44 and 1597.465 is not appropriate with respect to congregate care facilities,or any other facilities with quasi-institutional uses.Therefore,with these provisions,the Legislature does not intend to alter the legal standards governing congregate care facilities and these provisions are not intended to encourage,or be a precedent for,changes in statutory and case law governing congregate care facilities. Section: 1597.44 A small family day care home may provide care for more than six and up to eight children,without an additional adult attendant,if all of the following conditions are met: (a)At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age. (b)No more than two infants are cared for during any time when more than six children are cared for. (c)The licensee notifies each parent that the facility is caring for two additional schoolage children and that there may be up to seven or eight children in the home at one time. (d)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. Section: 1597.45 All of the following shall apply to small family day care homes: (a)The use of single-family residence as a small family day care home shall be considered a residential use of property for the purposes of all local ordinances. (b)No local jurisdiction shall impose any business license,fee,or tax for the privilege of operating a small family day care home. (c)Use of a single-family dwelling for purposes of a small family day care home shall not constitute a change of occupancy for purposes of Part 1.5(commencing with Section 17910)of Division 13(State Housing Law)or for purposes of local building codes. (d)A small family day care home shall not be subject to Article 1 (commencing with Section 13100)or Article 2 (commencing with Section 13140)of Chapter 1 of Part 2,except that a small family day care home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. Section: 1597.46 All of the following shall apply to large family day care homes: I (a)A city,county,or city and county shall not prohibit large family day care homes on lots zoned for single-family dwellings,but shall do one of the following: (1)Classify these homes as a permitted use of residential property for zoning purposes. (2)Grant a nondiscretionary permit to use a lot zoned for a single-family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards, restrictions,and requirements concerning spacing and concentration,traffic control, parking, and noise control relating to those homes, and complies with subdivision(e)and any regulations adopted by the State Fire Marshal pursuant to that subdivision.Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise level generated by children.The permit issued pursuant to this paragraph shall be granted by the zoning administrator,or if there is no zoning administrator by the person or persons designated by the planning agency to grant these permits, upon the certification without a hearing. (3)Require any large family day care home to apply for a permit to use a lot zoned for single-family dwellings.The zoning administrator, or if there is no zoning administrator,the person or persons designated by the planning agency to handle the use permits,shall review and decide the applications.The use permit shall be granted if the large family day care home complies with local ordinances, if any, prescribing reasonable standards,restrictions,and requirements concerning the following factors:spacing and concentration,traffic control,parking,and noise control relating to those homes,and complies with subdivision(e)and any regulations adopted by the State Fire Marshal pursuant to that subdivision.Any noise standards shall be consistent with local noise ordinances implementing the noise element of the general plan and shall take into consideration the noise levels generated by children.The local government shall process any required permit as economically as possible. Fees charged for review shall not exceed the costs of the review and permit process.An applicant may request a verification of fees,and the city,county,or city and county shall provide the applicant with a written breakdown within 45 days of the request. Beginning July 1,2007,the application form for large family day care home permits shall include a statement of the applicant's right to request the written fee verification. Not less than 10 days prior to the date on which the decision will be made on the application,the zoning administrator or person designated to handle the use permits shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a 100-foot radius of the exterior boundaries of the proposed large family day care home.A hearing on the application for a permit issued pursuant to this paragraph shall not be held before a decision is made unless a hearing is requested by the applicant or other affected person.The applicant or other affected person may appeal the decision.The appellant shall pay the cost,if any,of the appeal. (b)ln connection with any action taken pursuant to paragraph(2)or(3)of subdivision(a),a city, county,or city and county shall do all of the following: (1)Upon the request of an applicant, provide a list of the permits and fees that are required by the city,county, or city and county,including information about other permits that may be required by other departments in the city, county, or city and county,or by other public agencies.The city,county,or city and county shall, upon request of any applicant, also provide information about the anticipated length of time for reviewing and processing the permit application. (2)Upon the request of an applicant, provide information on the breakdown of any individual fees charged in connection with the issuance of the permit. (3)lf a deposit is required to cover the cost of the permit, provide information to the applicant about the estimated final cost to the applicant of the permit,and procedures for receiving a refund from the portion of the deposit not used. (c)A large family day care home shall not be subject to the provisions of Division 13(commencing with Section 21000)of the Public Resources Code. (d)Use of a single-family dwelling for the purposes of a large family day care home shall not constitute a change of occupancy for purposes of Part 1.5(commencing with Section 17910)of Division 13(State Housing Law),or for purposes of local building and fire codes. (e)Large family day care homes shall be considered as single-family residences for the purposes of the State Uniform Building Standards Code and local building and fire codes,except with respect to any additional standards specifically designed to promote the fire and life safety of the children in these homes adopted by the State Fire Marshal pursuant to this subdivision.The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in large family day care homes which shall be published in Title 24 of the California Code of Regulations.These standards shall apply uniformly throughout the state and shall include, but not be limited to:(1)the requirement that a large family day care home contain a fire extinguisher or smoke detector device,or both,which meets standards established by the State Fire Marshal;(2)specification as to the number of required exits from the home;and(3)specification as to the floor or floors on which day care may be provided. Enforcement of these provisions shall be in accordance with Sections 13145 and 13146. No city,county,city and county,or district shall adopt or enforce any building ordinance or local rule or regulation relating to the subject of fire and life safety in large family day care homes which is inconsistent with those standards adopted by the State Fire Marshal,except to the extent the building ordinance or local rule or regulation applies to single-family residences in which day care is not provided. (f)The State Fire Marshal shall adopt the building standards required in subdivision(d)and any other regulations necessary to implement this section. Section: 1597.465 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)At least one child is enrolled in and attending kindergarten or elementary school and a second child is at least six years of age. �3 (b)No more than three infants are cared for during any time when more than 12 children are being cared for. (c)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. (d)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. Section: 1597.467 (a)Whenever any licensee under this chapter has reasonable cause to believe that a child in his or her care has suffered any injury or has been subjected to any act of violence while under the licensee's care,the licensee shall,as soon as possible,report that injury or act of violence to the parent, parents,or guardian of that child. (b)(1)A report shall be made to the department by telephone or fax during the department's normal business hours before the close of the next working day following the occurrence during the operation of a family day care home of any of the following-events: (A)Death of any child from any cause. (B)Any injury to any child that requires medical treatment. (C)Any unusual incident or child absence that threatens the physical or emotional health or safety of any child. (2)In addition to the report required pursuant to paragraph(1),a written report shall be submitted to the department within seven days following the occurrence of any events specified in paragraph(1).The report shall contain all of the following information: (A)Child's name, age,sex,and date of admission. (B)Date and nature of the event. (C)Attending physician's name and findings and treatment,if any. (D)Disposition of the case. (c)The department may develop the report form to be used for reporting purposes pursuant to this section,and shall maintain all reports filed under this section in a manner that allows the department to report the data to the Legislature. (d)The failure of a licensee to report,as prescribed by this section,any injury of,or act of violence to,a child under the licensee's care may be grounds for the suspension of his or her license pursuant to this chapter, but shall not constitute a misdemeanor. Ij it (e) Nothing in this section shall relieve any licensee of any obligation imposed by other law including,but not limited to, laws relating to seeking medical attention for a child or reporting suspected child abuse. Section: 1597.47 The provisions of this chapter shall not be construed to preclude any city,county,or other local public entity from placing restrictions on building heights,setback,or lot dimensions of a family day care facility as long as such restrictions are identical to those applied to other single-family residences.The provisions of this chapter shall not be construed to preclude the application to a family day care facility for children of any local ordinance which deals with health and safety, building standards,environmental impact standards,or any other matter within the jurisdiction of a local public entity.The provisions of this chapter also shall not be construed to prohibit or restrict the abatement of nuisances by a city,county,or city and county. However, such ordinance or nuisance abatement shall not distinguish family day care facilities from other single-family dwellings,except as otherwise provided in this chapter. Section: 1597.52 (a)Licensing reviews of a family day care home for children shall be limited to health and safety considerations and shall not include any reviews of the content of any educational or training programs of the facility. (b)No home shall be licensed or registered as a large family day care home atter January 1, 1984,unless the provider has at least one year's experience as a regulated small family day care home operator or as an administrator of a licensed day care center.The director may waive this requirement upon a finding that the applicant has sufficient qualifying experience. Section: 1597.53 No family day care home for children shall be licensed under Chapter 3(commencing with Section 1500), but shall be subject to licensure exclusively in accordance with this chapter and Chapter 3.4(commencing with Section 1596.70) which shall apply to family day care homes. Section: 1597.531 (a)All family day care homes for children shall maintain in force either liability insurance covering injury to clients and guests in the amount of at least one hundred thousand dollars($100,000)per occurrence and three hundred thousand dollars($300,000).in the total annual aggregate, sustained on account of the negligence of the licensee or its employees,or a bond in the aggregate amount of three hundred thousand dollars($300,000). In lieu of the liability insurance or the bond,the family day care home may maintain a file of affidavits signed by each parent with a child enrolled in the home which meets the requirements of this subdivision.The affidavit shall state that the parent has been informed that the family day care home does not carry liability insurance or a bond-according to standards established by the state. If the provider does not own the premises used as the family day care home,the affidavit shall also state that the parent has been informed that the liability insurance,if any,of the owner of the property or the homeowners'association,as appropriate, may not provide coverage for losses arising out of, or in connection with, the operation of the family day care home,except to the extent that the losses are caused by,nor result from,an l action or omission by the owner of the property or the homeowners'association,for which the owner of the property or the homeowners'association would otherwise be liable under the law.These affidavits shall be on a form provided by the department and shall be reviewed at each licensing inspection. (b)A family day care home that maintains liability insurance or a bond pursuant to this section,and that provides care in premises that are rented or]eased or uses premises which share common space governed by a homeowners' association,shall name the owner of the property or the homeowners'association,as appropriate, as an additional insured party on the liability insurance policy or bond if all of the following conditions are met: (1)The owner of the property or governing body of the homeowners'association makes a written request to be added as an additional insured party. (2)The addition of the owner of the property or the homeowners'association does not result in cancellation or nonrenewal of the insurance policy or bond carried by the family day care home. (3)Any additional premium assessed for this coverage is paid by the owner of the property or the homeowners' association. (c)As used in this section,"homeowners'association"means an association of a common interest development, as defined in Section 1351 of the Civil Code. Section: 1597.54 All family day care homes for children,shall apply for a license under this chapter,except that any home which on June 28, 1981, had a valid and unexpired license to operate as a family day care home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license at which time a new license may be issued upon fulfilling the requirements of this chapter. An applicant for licensure as a family day care home for children shall file with the department,pursuant to its regulations,an application on forms furnished by the department,which shall include, but not be limited to,all of the following: (a)A brief statement confirming that the applicant is financially secure to operate a family day care home for children. The department shall not require any other specific or detailed financial disclosure. (b)(1)Evidence that the small family day care home contains a fire extinguisher or smoke detector device,or both, which meets standards established by the State Fire Marshal under subdivision(d)of Section 1597.45,or evidence that the large family day care home meets the standards established by the State Fire Marshal.under subdivision(d) of Section 1597.46. �I (2)Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months.The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills. (c)The fingerprints of any applicant of a family day care home license,and any other adult,as required under subdivision(b)of Section 1596.871. (d)Evidence of a current tuberculosis clearance,as defined in regulations that the department shall adopt,for any adult in the home during the time that children are under care. (e)Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70)and the regulations adopted pursuant to those chapters. (f)Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character.The evidence shall include, but not be limited to,a criminal record clearance pursuant to Section 1596.871,employment history,and character references. (g)Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application. Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both. (h)Other information as may be required by the department for the proper administration and enforcement of the act. Section: 1597.541 (a)The department shall adopt regulations regarding age-appropriate immunization requirements for enrolled children for family day care homes. (b)All family day care homes for children shall maintain evidence that enrolled children have met the age-appropriate immunization requirements adopted pursuant to this section. Section: 1597.542 (a)The Division of Child Care Licensing in the department shall clearly differentiate degrees of violations of the regulations adopted for purposes of this chapter by the impact upon children in,care. (b)The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. Section: 1597.55a Every family day care home shall be subject to unannounced visits by the department as provided in this section.The department shall visit these facilities as often as necessary to ensure the quality of care provided. (a)The department shall conduct an announced site visit prior to the initial licensing of the applicant. (b)The department shall conduct an annual unannounced visit to a facility under any of the following circumstances: (1)When a license is on probation. (2)When the terms of agreement in a facility compliance plan require an annual evaluation. (3)When an accusation against a licensee is pending. (4)ln order to verify that a person who has been ordered out of a family day care home by the department is no longer at the facility. (c)(1)The department shall conduct annual unannounced visits to no less than 20 percent of facilities not subject to an evaluation under subdivision(b).These unannounced visits shall be conducted based on a random sampling methodology developed by the department. (2)If the total citations issued by the department exceed the previous year's total by 10 percent,the following year the department shall increase the random sample by 10 percent of the facilities not subject to an evaluation under subdivision(b).The department may request additional resources to increase the random sample by 10 percent. (d)Under no circumstance shall the department visit a licensed family day care home less often than once every five years. (e)A public agency under contract with the department may make spot checks if it does not result in any cost to the state. However, spot checks shall not be required by the department. (f)The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a followup visit as provided in Section 1596.853. (g)An unannounced site visit shall adhere to both of the following conditions: (1)The visit shall take place only during the facility's normal business hours or at any time family day care services are being provided. (2)The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access. (h)The department shall implement this section during periods that Section 1597.55b is not being implemented in accordance with Section 18285.5 of the Welfare and Institutions Code. i' Il Section: 1597.55b No site visits, unannounced visits,or spot checks,shall be made under this chapter except as provided in this section. (a)An announced site visit shall be required prior to the licensing of the applicant. (b)A public agency under contract with the department may make spot checks if they do not result in any cost to the state. However,spot checks shall not be required by the department. (c)An unannounced site visit to all licensed family day care homes shall be made annually and as often as necessary to ensure compliance. (d)The department or licensing agency shall make an unannounced site visit on the basis of a complaint and a followup visit as provided in Section 1596.853.At no time shall other site visit requirements described by this section prevent a timely site visit response to a complaint. (e)The department shall annually make unannounced spot visits on 20 percent of all family day care homes for children licensed under this chapter.The unannounced visits may be made at any time,and shall be in addition to the visits required by subdivisions(b)and(c). (f)An unannounced site visit shall comply with both of the following conditions: (1)The visit shall take place only during the facility's normal business hours or at any time family day care services are being provided. (2)The inspection of the facility shall be limited to those parts of the facility in which family day care services are provided or to which the children have access. (g)The department shall implement this section only to the extent funds are available in accordance with Section 18285.5 of the Welfare and Institutions Code. Section: 1597.56 (a)The department shall notify a family day care home in writing of all deficiencies in its compliance with this act and the rules and regulations adopted pursuant to this act,and shall set a reasonable length of time for compliance by the family day care home. Upon a finding of noncompliance with a plan of correction,the department may levy a civil penalty that shall be paid to the department each day until the department finds the family day care home in compliance. (b) In developing a plan of correction,both the licensee and the department shall give due consideration to the following factors: (1)The gravity of the violation. (2)The history of previous violations. (3)The possibility of a threat to the health or safety of any child in the facility. (4)The number of children affected by the violation. (5)The availability of equipment or personnel necessary to correct the violation, if appropriate. (c)The department shall ensure that the licensee's plan of correction is verifiable and measurable.The plan of correction shall specify what evidence is acceptable to establish that a deficiency has been corrected.This evidence shall be included in the department's facility file. (d)The department shall adopt regulations establishing procedures for the imposition of civil penalties under this section Section: 1597.57 The department shall do all of the following: (a)Develop and utilize one application form for all family day care homes for children requesting a new license. (b)Establish for parents a consumer education program annually on the law and regulations governing family day care homes for children under this chapter and the role of the state and other public entities and local associations in relation to family day care homes for children. In planning this program,the department shall seek the assistance of other public entities and local associations. (c)Administer an orientation program for new operators of family day care homes for children that maybe conducted directly by the department or by contract with local governments or family day care home associations. Section: 1597.58 (a)ln addition to the suspension,temporary suspension, or revocation of a license issued under this chapter,the department may levy a civil penalty. (b)The amount of the civil penalty shall not be less than twenty-five dollars($25)nor more than fifty dollars($50)per day for each violation of this chapter except where the nature or seriousness of the violation or the frequency of the violation warrants a higher penalty or an immediate civil penalty assessment or both, as determined by the department. In no event shall a civil penalty assessment exceed one hundred fifty dollars($150)per day per violation. (c)Notwithstanding Sections 1596.893a,1596.693b, 1597.56,and 1597.62 the department shall assess an immediate civil penalty of one hundred fifty dollars($150)per day per violation for any of the following serious violations: I I i It (1)Any violation that results in the injury,illness,or death of a child. (2)Absence of supervision, including, but not limited to,a child left unattended,a child left alone with a person under 18 years of age,and lack of supervision resulting in a child wandering away. (3)Accessible bodies of water. (4)Accessible firearms,ammunition,or both. (5)Refused entry to a facility or any part of a facility in violation of Sections 1596.852, 1596.853, 1597.55a and 1597.55b. (6)The presence of an excluded person on the premises. (d)Notwithstanding Sections 1596.893a, 1596.893b, 1597.56 and 1597.62,any family day care home that is cited for repeating the same violation of this chapter or Chapter 3.4(commencing with Section 1596.70),within 12 months of the first violation is subject to an immediate civil penalty assessment of up to one hundred fifty dollars($150)and may be assessed up to fifty dollars($50)for each day the violation continues until the deficiency is corrected. (e)Any family day care home that is assessed a civil penalty under subdivision (d)that repeats the same violation of this chapter within 12 months of the violation subject to subdivision(d)shall be assessed an immediate assessment of up to one hundred fifty dollars($150)and may be assessed up to one hundred fifty dollars($150)for each day the violation continues until the deficiency is corrected. (f)Notwithstanding any other provision of law,revenues received by the state from the payment of civil penalties imposed on licensed family day care homes pursuant to this chapter or Chapter 3.4(commencing with Section 1596.70),shall be deposited in the Child Health and Safety Fund,created pursuant to Chapter 4.6(commencing with Section 18285)of Part 6 of Division 9 of the Welfare and Institutions Code,and shall be expended, upon appropriation by the Legislature, pursuant to subdivision(f)of Section 18285 of the Welfare and Institutions Code exclusively for the technical assistance,orientation,training,and education of licensed family day care home providers. Section: 1597.59 The department and the local agencies with which it contracts for the licensing of family day care homes for children shall grant or deny a license to a family day care home for children within 30 days after receipt of.all appropriate licensing application materials as determined by the department,provided both of the following conditions are met: (a)A site visit has been completed and the family day care home has been found to be in compliance with licensing standards. ;a (b)The applicant and each person described by subdivision(b)of Section 1596.871 has obtained a criminal record clearance,or been granted a criminal record exemption by the department or the local contracting agency. The department shall conduct an initial site visit within 30 days after the receipt of all appropriate licensing application materials. Section: 1597.61 (a)When the department determines that a family day care home for children is operating without a license and notifies the unlicensed provider of the requirement for the license,the licensing agency may issue a cease and desist order only if it finds and documents that continued operation of the facility will be dangerous to the health and safety of the children or if a license held by the facility has been revoked by the department within two years preceding the determination of unlicensed operation. In all other cases where the licensing agency determines such a facility is operating without a license and notifies the unlicensed provider of the requirements for the license,the licensing agency may issue a cease and desist order only if the unlicensed provider does not apply for a license within a reasonable time after the notice. (b)If an unlicensed family day care home fails to respond to a cease and desist order issued pursuant to subdivision (a),or if the department determines it necessary to protect the immediate health and safety of the children,the licensing agency may bring an action to enjoin such a home from continuing to operate pursuant to Section 1596.89. (c)The district attorney of a county shall,upon application by the department, institute and conduct the prosecution of any action brought by the licensing agency against an unlicensed family day care home located in that county. Section: 1597.62 (a)The department may impose civil penalties of not less than twenty-five dollars($25)and not more than fifty dollars ($50)per day per violation for uncorrected violations that present an immediate or potential risk to the health and safety of children in care.The penalties shall be imposed in accordance with Sections 1596.893b and 1597.56. (b)The department shall implement this section only to the extent funds are available in accordance with Section, 18285.5 of the Welfare and Institutions Code. Section: 1597.621 Family day care homes that,on December 31, 1983, have a valid unexpired registration to operate as a family day care home for children pursuant to Section 1597.62 in one of the pilot counties shall be deemed to be issued a family day care license effective January 1, 1984.Licensure pursuant to this section shall not require a visit pursuant to the requirement set forth in subdivision(a)of Section 1597.55. However,all other requirements of licensing shall continue to be met. Complaint and revocation procedures may be enforced. i ATTACHMENT F ZAA NO. 19-002 •I ZONING ADMINISTRATOR ACTION 19-002 LARGE FAMILY DAY CARE 2019-00001 1322 VEEH DRIVE The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for a large family day care permit was filed by Maria del Carmen Hurtado to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the residence located at 1322 Veeh Drive within the Single-Family Residential (R-1) zoning district. The applicant previously operated a large family day care home at 15712 Myrtle Avenue, which is no longer in operation. B. That the State of California Health and Safety Code Section 1597.43(a) states that large 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. C. That the proposed 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." D. That Health and Safety Code Section 1597.46(a)(3) permits a local agency to apply "reasonable" restrictions related to the use of single-family residences for family day care homes to ensure compatibility with other uses in the vicinity. E. That pursuant to the Tustin City Code (TCC) Section 9223a6, large family day care homes are a permitted use in the Single-Family Residential (R1) Zoning District, subject to the criteria contained within Section 9271aa1. F. That the proposed use is consistent with the General Plan and TCC in that the property has a land use designation of "Low Density Residential" and zoning designation of "Single-Family Residential," which provides for the establishment of large family day care homes, when in, compliance with local ordinances. G. That pursuant to TCC Section 9271aa1(e) and Section 1597.46(a)(3) of the State Health and Safety Code, a hearing of the large family day care home is required by the Planning Commission if the applicant or property owner within 100 feet of the subject property requests such a hearing. ZAA 19-002 LFD-2019-00001 Page 2 H. That all property owners within a 100-foot radius of the exterior property boundary of the site were notified of the intent to establish�a large family day care home and no request for a public hearing was received. I. That, as conditioned, the large family day care use 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 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. 2) No other legally established large family day care homes exist within three hundred (300)feet of the subject property. 3) The play yard area is enclosed with an existing minimum six (6) foot high fence. 4) No swimming pool or spa currently exists on the site, and none shall be constructed as long as a large family day care is operating at the property. 5) The subject property has been inspected by Building Division staff and the existing structure appears to be substantially in compliance with the building code in effect at the time of construction. 6) As conditioned, one (1) space on the driveway of the property shall remain open and available for parking use of an employee who does not reside at the premises, if needed. 7) As conditioned, a minimum of one (1) space on the driveway of the property shall be provided for the drop off and pick up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. In addition, implementation of staggered drop- off/pick-up times for clients will ensure sufficient loading area for children and prevent an overconcentration of vehicles at the site. 8) The existing small family day care use at 1322 Veeh Drive has been licensed by the State of Califomia since February,4, 2019, and the City has not received any complaints regarding the use. The proposed large family day care use, as conditioned, meets the local zoning requirements and would be subject to additional licensing and inspections by the State of California Department of Social Services. ZAA 19-002 LFD-2019-00001 Page 3 9) If at any time in the future the City is made aware and concurs that the large family day care is not operated in compliance with local ordinances and conditions imposed, the project may be brought before the Planning Commission for potential revocation proceedings to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. G. That Pursuant to HSC Section 1597.46(c), a large family day care home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code [California Environmental Quality Act]. Additionally, per Section 15274 of the Guidelines for the California Environmental Quality Act (CEQA), Family Day Care Homes are statutorily exempt. Since family day care homes are exempt from CEQA, no further environmental analysis related to traffic, noise, circulation and parking should be considered by the City prior to considering the project. II. The Community Development Department hereby approves Large Family Day Care (LFD) 2019-00001 to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the existing single-family residence located at 1322 Veeh Drive, subject to the following conditions: PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 14th day of May, 2019. JUSTINA WILLKOM ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY a ZAA 19-002 L.FD-2019-00001 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Ca[ifomia; that Zoning Administrator Action No. 19-002 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 141' day of May, 2019. VERA TISCARENO RECORDING SECRETARY ?i EXHIBIT A CONDITIONS OF APPROVAL LARGE FAMILY DAY CARE 2019-00001 1322 VEEH DRIVE GENERAL (1) 1.1 The proposed use shall substantially conform to the submitted plans for the project date stamped May 14, 2019, 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 consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 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. (1) 1.3 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Large Family Day Care Permit (LFD) 2019-00001 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. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.6 As a condition of approval of LFD 2019-00001, 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. SOURCE CODES (1) STANDARD CONDITION (6) RESPONSIBLEAGENCY REQUIREMENTS (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODEIS (7) PCICC POLICY (4) DESIGN REVIEW *'` EXCEPTIONS ii f ZAA 19-002 LFD-2019-00001 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pursuant to Section 1162(a) of the Tustin City Code (TCC). Approval of LFD 2019-00001 shall serve as a pre-citation notice pursuant to section 1162e of the TCC. (1) 1.7 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) 1.8 LFD 2019-00001 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director and/or City Engineer. The Community Development Director and/or City Engineer 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 revolve the permit. (1) 1.9 Prior to commencing operation of a large family day care home, the day care home shall pass final inspection from the Community Development Department, and the operator shall obtain a business license. USE RESTRICTIONS (1) 2.9 The maximum number of children cared for in the large family day care home shall be fourteen (14), or as defined by the State of California Health and Safety Code. (1) 2.2 If the applicant employs any persons not residing at 1322 Veeh Drive, the applicant shall provide one (1) off-street parking space for each employee not residing at the property. At least one (1) space on the driveway of the property shall remain open and available for parking use of an outside employee. (See Tustin City Code § 9263g (Table 1).) (1) 2.3 The hours of operation of the large family day care home shall be limited to 6:00 a.m. to 6:00 p.m., Monday through Friday. (1) 2.4 A minimum of one (1) space on the driveway of the property shall be provided for drop-off/pick up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. (1) 2.5 The existing attached two (2) car garage shall be maintained and used for parking accommodation of vehicles for residents of the home at all times. The City of Tustin shall be permitted to conduct a garage inspection to ensure compliance at any time. (See Tustin City Code § 9263g (Table 1).) ZAA 19-002 LFD-2019-00001 Page 3 (1) 2.6 Drop-off and pick-up times for each child/vehicle shall be staggered by at least ten (10) minutes to prevent an overconcentration- of vehicles at the site at any given time. The applicant shall prepare and keep current a pick-up and drop-off schedule and make it available to the City upon request. The schedule shall ensure that no more than one (1) vehicle is scheduled to pick up or drop off during any 10-minute period. (See Tustin City Code § 9263g (Table 1) and § 9271 aa1(b).) (1) 2.7 The applicant shall obtain and maintain a current license from the State Department of Community Care Licensing Agency for a Large Family Day Care home at the site. A copy shall be provided to the City prior to final inspection and commencing operation of a large family day care home. (1) 2.8 The large family day care 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 day care home, may result in the revocation of the subject Large Family Day care, as provided for by the TCC. (1) 2.9 Noise associated with the large family day care home operations and noise generated from on-site uses shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 2.10 The existing six (6) foot high fence, wall and gate surrounding the play area shall be maintained in good condition at all times. (1) 2.11 While the property is operating as a large family day care home, no swimming pool, jacuzzi/spa, or other water body shall be constructed and/or installed on the property. , (1) 2.12 The large family day care operation shall comply with the California Vehicle Code and local traffic control ordinances and traffic control devices at all times. (1) 2.13 The applicant shall conduct a client education program with all existing and new clients of the day care facility. This shall include an info sheet, including-a pick-up anddrop-off plan, to be reviewed and approved by the Community Development Department, to be signed by each client acknowledging the use restrictions on the project. The sheets shall be kept on file by the applicant and be made available for review by the City at any time. (See Tustin City Code § 9263g (Table 1) and § 9271aa1(b).) 'i ZAA 19-002 LPD-2019-00001 Page 4 (1) 2.14 All sleeping rooms shall be equipped with one (1) smoke detector inside and one (1) additional smoke detector in the common 'hallway(s) outside the sleeping area. Carbon Monoxide detectors shall be installed in accordance with the latest edition of the California Building Code. (1) 2.13 All emergency egress windows for sleeping rooms shall be maintained at all times and shall not be blocked by furniture. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. At plan check, all exterior colors and materials shall be submitted for review and approval by the Community Development Department. (1) 3.2 All proposed and unpermitted improvements to the property must be reflected on plans when submitting into plan check. Permits must be obtained for all improvements. If no permit is obtained, improvement must be removed and/or returned to previously permitted condition. FEES (1) 4.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's'check payable to the COUNTY CLERK in the amount of fifty dollars ($30.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.