Loading...
HomeMy WebLinkAboutZAA 19-004 ti ZONING ADMINISTRATOR ACTIO[ 19-004 LARGE FAMILY DAY CARE 2019-00002 '1336'1 CORAL REEF ROAD A The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: i A. That.a proper application for a large family day care permit was filed by Dona and Don Algama to authorize the establishment of a large family day care home: caring for up to fourteen 1 .children, at the residence located t 13361 Coral Reef Revd within the Single-Family Residential R-1 zoning district. The applicant is currently operating a large family day care home at 13552 Uft Drive, hich' fill cease when the.proposed location is approved. B-. That the State of California Health and Safety code Section 1597.43(a) states that large family day care homes operat d under the standards of the State laver 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 i conducive to healthy and safe development." D. That Health and Safety Code Section 1597.46(x)(3) permits a Dual 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 Slagle-Family Residential R1 Zoning District, subject to the criteria contained within Section 9271 aaI. F. That thero oed use is consistent with the General Plan and TCC in that p p the property has a land use designation of "Low Density Residential" and zoning designation of "Single-Family. which hich provides for the establishment of large family day care homes, when in compliance with local ordinances. G. That pursuant to TCC Section 9271 a a 1 a 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 ithin 106 feet of the subject property requests such a bearing. AA 19-004 LFD-201 9-00002 Page 2 H. That all property n rs within a 1 -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 home 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 home 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 i three hundred (300)feet of the subject property. 3 The play yard area is enclosed by the existing galls of the house and two 2 gates facing the adjacent streets. The play yard area' is further enclosed by a small fence around the 500-square-foot area. 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 any 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 directly in front of the garage shall be provided for the drop off and pick up of children. Presently, all three 3 day care employees reside at the residence; therefore, the site accommodates two 2 spaces on the driveway of the property for drop-off/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 cverconcentraticn of vehicles at the site. 8) The applicants have operated an existing large family clay care home use at 13552 Utt Drive and has been licensed by the State of California since January 7, 2013. The city has not received any ZAA 19-004 LM-20119-00002 Page 3 complaints, regarding the current location. The proposed farge, farnfly, day, care home use, as conditioned, rrieets the local zoning requirements and would', be subject to addiltional licensing and inspections by the State of California Department of'Social Services. 9) If at any time In the future th,. , City is made aware, and concurs that the large family day care home is, not, operating in compliance with lan ocal ordinances d conditions imposed,, the Opr *ect may be birought J before, the Planning Commission for potential revoicaflan proceedings, to, determine if said use is operated in a, manner detrimental to tealth, safety or welfare, of the community or surrounding properties. G. That Pursuant to HSC, Section 1597.46(c), a la,rgle family day care home, shall not be subject, to the, provisions of Division 13ecommencing with Section 21000) of the Public Resources, Code [California Emir onmereal Qua,l fty Act]. Add itilona lily, per Section 152714 of the, Gu"defines for, the, California Environmental Quality Act (CEQA), Fami1y Day Care, Homes are statutorily exempt., Since family day care homes, are, exempt,from CE,Q,,A,,, no further environmental analysis related 'to traffic, noise,, circulation and parking should be considered by the Ciri,,or to, consi'dering the project'. 11. The, Community Development Dep a rtmient hereby approves Large Family, Day Care (LF'D) 210,19-001002 to authorize the establishment of a, large, family day care gle-tamily residence home, caring for up, to fourteen (14) children, at the existing sin located at 1366 1 Coral Reef'Road, subject,to the followire g cond,itions: PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at, a regular meeting, held on the, 161 day of Juily,, ,20119. "lye"AO" .............. ELIZABETH A. BINSACK ZONING ADMINISTRATOR "INS V 4' f1tC, R ERA A E)46'\' RECORDING SECRETARY ZAAI 19-0,04 ,F -2011 9-00,0102 Page 4 STATE, OF CALIFORNIA COUNTY OF ORANGE CITY OF TLISTIN irtify that, I am the, Riecording Secretary ofthe I e s nIoi, the und ed, hereby cle V ra Tj, carei, ersign Zoning Adminlistrator of the City of, Tustin, California; thatZo,n*n,g Adm"nistrator, A,ct*on No. 19-004 passed and, adopted at a regular, meeting, of the Tustin Zoning Administrator, held on the Ist day of July, 2019. VERA IT!tIdARffN6,1�"A\\�, RECORDING SECRETARY EXH I BIT A CONDITIONS s of APPROVAL LARGE FAMILY DAY CARE 2019-60062 13361 CORAL REEF ROAD GENERAL [ 1.1 The proposed use shall substantially conform to the submitted plans for the project date staimped July 1, 2019, on file with the Community Development Department, except as herein modified, or as modified b 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) 1Unless 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 13 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) 2019-00002 is contingent upon the applicant and property owner signing and-returning to the Community Development Department a notarized "Agreement to Conditions Imposed" fora, 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. As.a condition of approval of LFD 2019-00002, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, . its offs ers, 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-„ raking body, including staff, concerning this project. SOURCE CODES (1) STANDARD CONDITION RESPONSIBLEAGEI CY REQUIREMENTS (2) CEQA MITIGATION LANDSCAPING GUIDELINES (3) UNIFORM BUILDI G CODEIS 7” PclDD POLICY (4) DESIGN REVIEW EXCEPTIONS ZAA 19-004 LFD-2019-00002 Page (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an administrative citation pu rsuant to Section 1162 a of the Tustin City Code (TCC). Approval of LFD 2019-00002 shall serve as a pre-citation notice pursuant to section 1 12e of the TCC.' (1) IJ The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorneys' fees, subject t the applicable notice, hearing, and appeal process.as established by the City Council by ordinance. (1) 1.8 LFD 2019-00002 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 o� 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 revoke the permit. (1) 1. Pribr to commencing pperation 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) 2.11 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 Californian Health and Safety Code. , (1) 12 if the applicant employs any persons not residing at 13361 Coral Reef Road, the applicant shall provide one (1) off-street parking space for each- employee not residing at the property. (1) The hours of operation of the large family day care home shall be limited to :00 a.m. t :00 p.m., Monday through Friday. (1) 14 A minimum of one 1 spaces on the driveway directly in front of the garage -of the property shall be provided for drop-off/pick-up of children. The proposed operating plan identifies two 2 driveway spaces for drop- off/pick-up rop_off pick-up of children. Additional drop-off/pick-up area may be provided immediately adjacent to the site. (1) 15The existing attached two-car garage shall be maintained and used for parking accommodation at all times. The City of Tustin shall be permitted to conduct a pragi,nspection to ensure compliance at any time. (See TCC Section 923 (Table 1 . AA 19-004 LFD- 9 1 V-9 V 902 Page-4 i (1) 2,6 Drop-off and pick-up times for each child/vehicle shall be staggered by at least ten (1 0) minutes to prevent an overconcentration of vehicles at the site t any given time. The applicant shall prepare and keep current a. pick-up and drop-off schedule and make if 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 § 9271aa'l(b).) (1) 21 The applicant shall obtain and maintain a carr nt 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 prier to final inspection and commencing operation of a large family day care hone. (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 Dare 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 TCD. (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. s (1) The existing gates surrounding the play area shall be maintained in good condition at all times. 1 2,11 Nubile the property is operating as a large family day care hone, n 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 J 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 information sheet, including a pick-up and drop--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 shuts shall be kept on file by the applicant and be made available for review by the City at any time. (See Tustin City Code § 923g (Table 1 and § 9271 a b . (1) -2.14 All sle ping rooms shall be equipped with one 1smoke detector inside and one 1 additional smoke detector in the common hallway(s) outside the sleeping area. Carbon Monoxide detectors shall be installed in i ZAA 19-004 LFD-ro1 -0000 Page accordance with the latest edition of the California Building Code. (1) All emergency egress windows for sleeping rooms shall be maintained at all times and shall not be blocked by furniture. PLAN SUBMITTAL 13.11 At the time of building permit application, the plans shall comply with: the latest edition of the codes, City Ordinances, State, Federal lavers, 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 Commu oity Development Department. F (1) 3. All proposed and unpermitted improvements to the property must b reflected on plans when submitting into plan check.. Permits must be ebtai'ned for all improvements. if no permit is obtained, improvement must be removed and/or returned to previously permitted condition. FEES (1)- A Within forty-eight 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 f fifty f+ dollars ($60.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight 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 Q uaIity Act could be%s ig n ifica ntly lengthened.