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Home My WebLink About02 Large Family Day Care 05-019 ITEM #2 Report to the Planning Commission DATE: SUBJECT: APPLICANT! PROPERTY OWNERS: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: RECOMMENDATION: SEPTEMBER 12, 2005 LARGE FAMILY DAY CARE 05-019 MARIA DEL CARMEN HURTADO 15712 S. MYRTLE AVENUE TUSTIN, CA 92782 15712 S. MYRTLE AVENUE SINGLE-FAMILY RESIDENTIAL (R-1) A NEGATIVE DECLARATION WAS PREPARED PURSUANT TO ARTICLE 6 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AND CONCLUDED THAT, AS CONDITIONED, NO SIGNIFICANT IMPACTS WOULD RESULT FROM THE PROJECT. AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN That the Planning Commission: 1) adopt Resolution No. 4000 determining as adequate the Final Negative Declaration prepared for Large Family Day Care 05-019; and, 2) adopt Resolution No. 3995 approving Large Family Day Care 05-019 to establish a large family day care home caring for up to fourteen (14) children. BACKGROUND: The applicant is requesting approval to establish a large family day care caring up to fourteen (14) children within an existing single-family residence located within the Single-Family Residential (R-1) zoning district (Attachment A - Location Map). A formal application for a large family day care facility is required to be submitted to the Planning Commission Report LFD 05-019 September 12, 2005 Page 2 of 7 Community Development Department for homes caring for eight (8) to fourteen (14) children per Tustin City Code Section 9223a(6). In accordance with Section 1597.43 of the California State Health and Safety Code, family day care homes operated in accordance with State Law are considered an accessory use of a residentially zoned property and do not fundamentally alter the nature of underlying residential uses. While Section 1597.46 of the California Health and Safety Code QIQbiQjts local aovernment from denvina a larae family day care provided that the facility complies with State requirements related to the use of single- family residence for family day care home, Section 1597.46(a)(3) of the same Code authorizes local agencies to prescribe reasonable standards, restrictions, and requirements concerning spacing and concentration, traffic control, parking, and noise control relating to such home. Section 1597.46(a)(3) of the Health and Safety Code and Tustin City Code Section 9223.a.6 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 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 July 14, 2005, notices of the proposed large family day care home were sent to property owners within a one hundred (100) foot radius, and on July 18, 2005, a request for a hearing before the Planning Commission was received from Mr. Paul Oelrich, a homeowner at 15711 S. Myrtle Avenue (Attachment B - Submitted Letter, received July 18, 2005). Mr. Oelrich indicated concerns related to intensifying traffic in the neighborhood and more specifically at the entrance of the residential tract on McFadden Avenue at Myrtle Avenue since it is the only entry into the neighborhood. Mr. Oelrich also indicated concern with potential noise-related issues. The item was scheduled for the Planning Commission hearing on August 22, 2005; however, it was continued to the Planning Commission hearing on September 12, 2005. At the meeting on August 22nd, a petition signed by twenty (20) residents was submitted protesting the proposed use stating concern with the existing traffic congestion at McFadden Avenue and Myrtle Avenue (Attachment C - Submitted Petition, received August 22, 2005). An additional protest letter was received August 23, 2005, from Chester and Lynette Maharaj at 15622 California Street (Attachment D - Submitted Letter, received August 23, 2005), citing concerns with traffic, specifically that the dropping off and picking up of children would intensify already congested streets, and noted a concern with the general over-crowding conditions of the single-family homes. In addition to the letters, staff has spoken with an unidentified neighbor who has concerns with how a single-family residence may accommodate up to fourteen (14) children, and wanted to know the licensing requirements for a person to obtain a license from the California Community Care Licensing Division. Planning Commission Report LFD 05-019 September 12, 2005 Page 3 of 7 DISCUSSION The applicant has indicated that the day care would operate as follows: . The hours of operation would be from 7:00 a.m. to 6:00 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 vehicles and would probably not occur at the same time; . No employees that are not residents of the house will be employed at the facility. Site and Surroundings The project site is located mid-block on Myrtle Avenue and is surrounded entirely by single-family residential properties. Clients would be able to enter at least one space in the driveway in front of the two-car garage to drop off or pick up a child, and the curb in front of the house is long enough to accommodate four (4) to five (5) vehicles. The vehicles could either make a u-turn at the end of Myrtle Avenue or turn onto Coria Avenue to the north and circle back south through the neighborhood back to McFadden Avenue. (Attachment E - Submitted Plans). Zoning and Uniform Building Code Requirements The house has approximately 2,460 square feet of back yard area, enclosed with a fence as required by Tustin City Code. The Tustin City Code also requires that no swimming pool, jacuzzi/spa, or any other water body shall be constructed at the site while the large family day care home is in operation; no pool or spa currently exists and Condition 2.1 is included to ensure that no pool or spa may be constructed or installed as long as the proposed day care exists at the property. As required by the Tustin City Code, the applicant currently holds a license from the State of California to care for up to fourteen (14) children. Condition 3.5 of Resolution No. 3995 would require the applicant to continue to hold a current large family day care home license from the State of California and provide proof of such to the Community Development Department. The Tustin City Code requires a three hundred (300) foot separation between large family day care homes. Staff found that there are no other large family day care homes licensed within three hundred (300) feet of the proposed site. Planning Commission Report LFD 05-019 September 12, 2005 Page 4 of 7 Traffic The applicant has indicated that drop-off and pick-up times vary in fifteen-minute intervals typically between 7:00-8:30 a.m. and 2:00-6:00 p.m. It is anticipated that not all fourteen (14) children would arrive or depart at the same time and sufficient parking will be available. The trip generation for the proposed day care facility is estimated to be 60 trip ends per day, which is 50 trip ends more than a single family residence. Day care traffic generated during normal a.m. and p.m. peak hours is estimated at 11 trip ends for each peak hour (see the attached "Trip Generation Analysis.") A 24-hour traffic count on Myrtle Avenue between McFadden Street and Medallion Avenue, dated August 23, 2005,indicates a two-way traffic volume of 1468 vehicles. As a two-lane local street, Myrtle Avenue is well within the capacity of the street. Therefore, the City Traffic Engineer has determined that the traffic generated from the proposed day care facility is not anticipated to impact the daily traffic operation of Myrtle Avenue. The proposed project is not expected to exceed the level of service established for the immediate vicinity of Myrtle Avenue, in that as confirmed by the Public Works Department, Traffic Division, there is sufficient capacity on Myrtle Avenue to accommodate the proposed and existing uses. In the immediate vicinity of the proposed large family day care, there is no vacant land, and no new or intensified uses are in review or are anticipated in the near future. Single family residences are well established along the street. Condition 3.10 would require the applicant to submit a traffic study and implement interim and permanent mitigation, if complaints are received and impacts related to this use are identified. Parking The applicant has indicated that only persons residing at the subject home will be employed in the proposed large family day care business. Thus, no employee parking would be required. However, Condition No. 3.1 would require off-street parking should the applicant decide to hire persons not residing at the residence. The property is improved with an attached two (2) car garage. Condition 3.11 would ensure that the garage is to be used and available for parking of vehicles. There is room for four (4) to five (5) on-street parking spaces at the front of the property (Attachment E - Submitted Plans), and not all fourteen (14) children are expected arrive or depart at the same time. Condition 2.1 would require the applicant to submit an interval parking schedule to be reviewed and approved by the Community Development Director prior to operation of the large family day care. Condition 3.10 would require the applicant to submit a traffic/parking study and implement interim and permanent mitigation, if complaints are received and impacts are identified. Planning Commission Report LFD 05-019 September 12, 2005 Page 5 of 7 Noise The 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 (8) to fourteen (14) children is anticipated to be minimal. However, Condition 3.7 would require the applicant to comply with the Noise Ordinance at all times. State of California Licensing Requirements The State of California's requirements for obtaining and maintaining a Large Family Day Care license, as outlined on the Community Care Licensing Division's website (http://cc1.dss.cahwnet.aovL), are attached for reference (Attachment F - "California Family Child Care Homes Licensing Regulation Highlights," dated February 2005). License requirements include required criminal record clearance, Child Abuse Central Index (CACI) clearance, fire safety inspection/clearance, inspection guidelines, staffing and personnel requirements, immunizations and admission procedures, and health and safety regulations. Environmental Review In accordance with the California Environmental Quality Act (CEQA), staff prepared an Initial Study to determine whether the project would have any potentially significant environmental effects attached to Resolution No. 4000 (Attachment H.) As documented in the Initial Study and the Final Negative Declaration, the project would not have a significant impact on the environment. ANAL YSIS As conditioned, the proposed 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. A decision to approve this request can be supported by the following findings: 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 be situated 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 Planning Commission Report LFD 05-019 September 12, 2005 Page 6 of 7 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. Based on the following, the proposed use is consistent with the large family day care regulations in Section 9223 (a)(6) of the Tustin City Code, which identifies the location of large family day care facilities in residential zones as an appropriate location: a) b) 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. There are no other large family day care homes within three hundred (300) feet of the subject property. c) d) The play yard area is enclosed with a six (6) foot high fence. There is no swimming pool or spa existing on the site. e) The existing family day care use at 15712 S. Myrtle Avenue has been inspected and licensed by the State of California. The proposed large family day care, as conditioned, meets all the State of California requirements and would be subject to additional licensing and inspections by the State. f) The additional trips anticipated for the proposed use will not affect the current level of service on roadways. g) As conditioned, the project will not employ employees that do not reside at the project site. If the applicant is to employ employees in the future, the applicant will be required to provide an off-street parking space for each employee, consistent with Tustin City Code Section 9223.a.6. h) As conditioned, the proposed four (4) to five (5) drop-off/pick-up spaces located in front of the residence do not interfere with traffic and are safe for children since no children would be required to cross a street to enter or exit the day care home. In addition, implementation of interval pick-up times for clients will ensure sufficient parking is provided. i) As conditioned, if at any time in the future the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. Planning Commission Report LFD 05-019 September 12, 2005 Page 7 of 7 CONCLUSION Pursuant to Section 1597.46 of the California Health and Safety Code, a local agency may not deny an application for a large family day care business proposed within a lot zoned for single family dwellings. However, "reasonable" conditions could be placed upon the approval of a permit to ensure compatibility with the surrounding uses. Staff believes that the environmental review performed in support of Resolution No. 4000 supports a finding that the proposed project, as conditioned, will not cause environmental impacts (Attachment G). Therefore, staff recommends that the Planning Commission adopt Resolution No. 3995 approving Large Family Day Care 05-019 as conditioned (Attachment H). ~JIk Matt West Associate Planner \::> <>-<- ~) ð-- Dana Ogdon Assistant Director Attachments: A. Location Map B. Letter from Mr. Paul Oelrich, received July 18, 2005 C. Residents' Petition, received August 22, 2005 D. Letter from Chester and Lynette Maharaj, received August 23, 2005 E. Submitted Plans F. "California Family Child Care Home Licensing Regulation Highlights" handout G. Resolution No. 4000 H. Resolution No. 3995 S:\Cdd\PCREPORi'2005\LFD 05-019 (Myrtle LFD) pc report.doc .. ATTACHMENT A Location Map LOCA nON MAP ~ PROJECT NO. ADDRESS LFD 05-019 LOCATION: 15712 S. Myrtle Avenue REQUEST: AUTHORIZATION TO ESTABLISH A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN (Owner/Applicant: Maria Del C~rmen Hurtado 15622 15621 15631 15632 15631 15644-6 15650-2 15660-2 15670-2 15674-6 .... ~ 15680-2 ~ 15686-8 < ~ fII < Q. 15641 15642 15641 15661 15662 15661 15662 15682 l- I:! 15671 f!' 1 '" < 15681 ~ 1 ... 15701 ~ 15 15671 15712 15712 15732 15721 BAHAMAS ~ ~ }... l:> ~ 15742 15741 15752 15751 15761 ¡;¡ ~ 15771 ATTACHMENT B Letter from Mr. Paul Oelrich, received July 18, 2005 f11- ~~~ IJ ), o~~ IJ~71) ~? O'v~- r~~ &J!;! crp.7?O 7!le¡~b'/'i7o~r ) ,~ A-L;}R. Xt~ ~ -J-~d ~y Ò1V~ ~/-c- 0- ~ T~ fJ"'j ~ rl"~;t l!i 717- ~ ovK'/ ~ t:k~ ~~~~i»tR-~~~. M~~ ~f~~~~4-, .~ ~ ~~:th ~~ ~ ~ htJn Jf{J ¡r---- wJ ;/k/ ~J~ ~ k rt-.d~ ..7- / - .p.¡ rt-' V Ir~~.. f ~~ o-h~/ 'J"L<-- -f::fk .~ ~ ~ ~ I RECEIVE: .. JU ~ L COM L 1 8 2(JD5 IIY~~OP"'E~ ATTACHMENT C Residents' Petition, received August 22, 2005 , .;. PROTESTING LARGE F AMIL Y DA YCARE AT 15712 S. MYRTLE AVENUE, TUSTIN, CA 92780 Reference Number 05-019 We, the residents of Myrtle, Medallion, Pacific, California and Corla Streets, object to the request to operate a large family daycare home for up to fourteen (14) children in our neighborhood. This is a tract of about 86 single family residences in an extremely busy area of Tustin where traffic congestion is a problem. We are limited by only one access to the main street"Mc Fadden. At any time, but especially during peak hour traffic, entering and leaving our tract is problematic and dangerous. There are no traffic lights to alleviate this problem which will be made much worse with the additional dropping off and picking up of up to fourteen more children. This is only one of the many reasons we're objecting to this permit being granted. Name Address , Signature / Z>/l~¿ !' .¡ ;, :',' ~ '.- ¿ / , r- I ," '" 1,"-. ' " ~. ,- .. ..-r-r 12....¡ ! ;- 7 t / )~,>/ r1 ~ :.¿/)7 i /r1jJ/?â'~ J"~~rA"'/E'¿/ ¡ 7 (_52 M¡/'¡-/' "" e ,:Y:.'¿~~d/. ~--.:.~ {)Mi( It! :; die I )Ù6/ ¡Z{({(:J /J;/I / j~ ~_~2C'D I') A 5,1 r A z. Lè. f/ A T-1 tV A I<JJ ! 6-0/ ¡-?:¡ '-I F I" S 7 ) ')1 ~.~/J!f1, ~~ L ~ , ;]// /£; , ~ / "J / ~.' ( .'1 ð )'; l-r .. .. . /¿;;;;:: ;;:;Zf ~ ~ ~ ~' ~~/~;Ù»? >;:¿Ø; / /L ¿¿/ 1'2- % ¿:; 7' PROTESTING LARGE FAMILY DAY CARE AT 15712 S. MYRTLE AVENUE, TUSTIN, CA 92780 Reference Number 05-019 We, the residents of Myrtle, Medallion, Pacific, California and CorIa Streets, object to the request to operate a large family daycare home for up to fourteen (14) children in our neighborhood. This is a tract of about 86 single family residences in an extremely busy area of Tustin where traffic congestion is a problem. We are limited by only one access to the main street, Mc Fadden. At any time, but especially during peak hour traffic, entering and leaving our tract is problematic and dangerous. There are no traffic lights to alleviate this problem which will be made much worse with the additional dropping off and picking up of up to fourteen more children. This is only one of the many reasons we're objecting to this pennit being granted. ~~~d~e'2 ~~~ ¿ ßy ~5", d?'~ -/~~, naM #~ J.-ýf.tZf?-y," Öftlßr1v'fJj Is /J 1 .5 /4/14/f!:li.l::, 19¡/¿, /V'?/)/!, "',G7J,:,C.,:6.L,"/'."ø&". ~ '. I // / > ¡,./ r " 1.., "~I I;": . A ~, f /1Þ'í\,~' {V\ L i,. l, ~ 1 5" { c¡ J,' fI\ 'ì .¡¡;nl'.p,.y[ 1vS'7l~ tí,I.~l ~ I,~..d (A IÎ ! j a \/ICU .Jét vl5EYV .903 J PaC'i!, @ IUS+-", '::1l.'~~'~d ~~) Jk.¡¿c-'!T 1 '372:2 c....\-up. 9T. '7Z1);v ~,--"r PROTESTING LARGE FAMILY DAYCARE AT 15712 S. MYRTLE AVENUE, TUSTIN, CA 92780 Reference Number 05-019 We, the residents of Myrtle, Medallion, Pacific, California and Corla Streets, object to the request to operate a large family daycare home for up to fourteen (14) children in our neighborhood. This is a tract of about 86 single family residences in an extremely busy area of Tustin where traffic congestion is a problem. We are limited by only one access to the main street, Mc Fadden. At any time, but especially during peak hour traffic, entering and leaving our tract is problematic and dangerous. There are no traffic lights to alleviate this problem which will be made much worse with the additional dropping off and picking up of up to fourteen more children. This is only one of the many reasons we're objecting to this pennit being granted. Name Address Signature ¥~ ~~ i L, iM;ØMJ /66~~ o?¿/r=CJ~,v1A Jtf~, -- .vl-~ SJ O/Jerme . /56~';;¡ (!¡¡¿/romì/p--:r #... ..! ~( ~..2Þ-s tÚ/J-¿f<'~cw . ~ ~ . V ~C J é-af'~ ~ sf. ;;4-z/ °T \~... /'ilt2.._~, /1)7tjl C~I ;~fl1v'-- Jt " -"._~-~-.-. 1..-1 7-'1 ~ e~\(pO~/\(~ <::,+~ I '., .-// - ,/"f", //1 " /) "-- /1 I I ,) l'7'~ ,~ ') 'i" ./1 It " d. C.L¿e.-z1( ~; /1',/ ," / fA )/1. / 4-'", A' ,Æ /1/\_3...~ . . v-" C"'-- /' ii. ,9-é:;:AL/- 1/ ,;,' cyv_¡)-'-.', 1;"""-- {-- -../ , .: {, r,t'" , . ¡ , Iii '7"""?/ ,'/"'I"\"""~, L" ,.....,..t',\:;'.{p,,:, ,rt'"A -' .", ~",. t ,/ '--.,;;..- .'-""'-~"'" , ~,i:";""'U-...iÞ \, ¿~jC(-?v...U:..; ATTACHMENT D Letter from Chester and Lynette Maharaj received August 23, 2005 August22,2005 Matt West, City Planner City of Tustin 300 Centennial Way Tustin, CA 92780 R£CE/I./ AUG.' ËO ({J!JlJt I 2 3 lOOr¡, v 1r{fY1úMTi/ f1{:' ... r . ~ . I.JlVtlOPhr ,. ~, ; IfIIt,A¡, Dear Mr. West, RE: OBJECTION TO LARGE FAMILY DAY CARE AT 15712 S. MYRTLE AVENUE, TUSTIN, CA 92780 - (Your Reference Number 05-019) Thank you for returning our telephone call today, As requested, we're giving you, in writing, our objection to the request for a permit to operate a Large Family Day Care for up to fourteen (14) school age children in our neighborhood, We've attached an area map of our tract which is made up of Myrtle Avenue, Medallion Avenue, Pacific Street, California Street and Coria Avenue, This is a tract of about 86 single family residences (almost entirely surrounded by high-density apartment dwellings, many of which were once occupied by members of the Tustin Marine Base) in an extremely busy area of Tustin where traffic congestion has become a problem. We are limited by having only one access to the main street, McFadden. McFadden is a major street that feeds the 55 and 5 freeways. At any time, but especially during peak hour traffic, entering and leaving our tract is problematic and dangerous. There are no traffic lights to alleviate this problem which will be made much worse with the additional dropping off and picking up of up to fourteen more children. This is only one of several reasons we're objecting to this permit being granted. We've owned our house and lived in it for over twenty years. When we moved into this Single- Family Residential (R-1) neighborhood most of the homes were occupied by sinQle families consisting of between two and five people with between two to four cars per household. Because a large percentage of the buildings here consist of four to five bedrooms, we now have a situation where most of the houses are occupied by as many as four or more families. As a result of multiple families occupying each dwelling, our neighborhood has developed a parking problem. There are some cases where there are as many as seven or more vehicles per household. By granting a Large Family Day Care Permit, the City will be contributing to the further decline of our neighborhood. It's in the best interests of Tustin, as a whole, to preserve our neighborhood. To better understand the overcrowding and parking problems, it would be best for officials of the City of Tustin to observe our neighborhood in the early evening when most people are home. Likewise, observina the sole Mvrtle/McFadden entrance and exit (with NO traffic liahts) to our entire 86-home tract durina peak-hour traffic will clearly prove our point. As the City Planner, we're sure you will be proud if you succeed in preserving our neighborhood and protecting it from further overcrowding and traffic congestion problems, We would appreciate all your efforts on our behalf. Sincerely, flj/./l á.? /. 4"p"7 "'.' ., '/'J /¿Ø vJ"? /4 e:l t:X/v~Ct/ Chester and Lynette Mataraj .-- ,I / 15622 California Street, Tustin, CA 92780 '. Cc: City of Tustin Planning Commission Cc: Pamela Stoker, City Clerk ATTACHMENT E Submitted Plans r~ Wood Fû."Ic-e ç, '6[[} 4 . ~ No ?ool I s ~ i/ ~~ ~ r- ~ 0-) N 1 r~----- ¡ :> {;r;, 's <:::-- Î' M - (5: ~ i ! ~ v; ~ --- ~¡ í \ I I '- , ; ~ I '() bJ) >- I ~ ~. ", .,r ,6' r"'\ t ~ þ. I I-¡ ~ ~ i ~ Q ."J" \ \: C"" ()\t?\ \ (\J' ....:.c ~ \r") I._,.,...-...___'""~-" -,.,'ì~~\ b~th - '{;)~" . -, ..,. c' . -- - " .1-. ...! ç.. çf'r \ '"" \;cf r' , ~, ',-, "- , (> ~ " ~) \ '-. i; ...:t: ~. t..J t . ( \.~~ -- I.'J .~ " 8\(/-/ :: - - - -- 1 ~\I ~ \ ) Ii) l ~ 1 I ~) ¡~ ~1 >' I or I \6¥,t +-~..J~l I I ~:¿ -7 I t \ i ~f. ~\j.;\, . r- 'J~ ~ Ã:',Á \~\. ( - Y ri 2&' 10 ¿ ()" hfQç)~~li ",6 \ ),..~ A ~.. '-¡Jet ~ 'í/. l..., c,,. oì t ¡ ( "". ~ ~ 'ti\ ~~ \\Q l~ ~ RECEIVED JUN 0 7 2005 ~M~~ 34 IOUS' =: TRACT io ;: CD ~ 86 ¡; @ 84 0 '"0 82 @ LO 'i) 0 81 ø 80 @ !.!.. 7t1 IM,tS' !õ ;!! @ I)'I.SS' ":t:. / I ~ MYRTLE 1= .. Ì! .. .. 33 ,U" :u In "1 ;JO 19 28 27 26 2!1 10' R WI' ~ 0 ~ 0 Œ) 0 @ 0 ø @ @~ ~ ~ ~ 'q: :,.,~. b'l.60' 15' 10.51' -.' 1S' ~ CALIFORNIA STREET$¡ '/, 100,40' "-!III' . . . . . . 11,~ ~,IIo' :t. -Þ~' , :s 1; 0; !Ii 01 :. øi @~ 3 @~ :¡ 08 0~ 0~ 011 8 Ii! @~ ; - ...--.., tl '5.51' ~!I ~6 "7 !18 ", I ,- 40 41 of2 4~ 44 141r WI' !I!I 64 !I" !l2 !II !SO \ ~'J~ 4' 48 47 46 4!J .1,~' '---" ~@ ~ @> @) @ @ @ @ @ @ @; @~ ,~'" S4.IC' 14.10' . . . . . . . IoUO' SS..'l' ~~: S PACIFIC STREET oq: ~ ~ WI' 'I" 5!>."r IoUO' . . .. . .. . . "'.'0' SU4' ~ ~ 0; 0 CD 0 0 0 0 @ @ @)~ @= IoUD'!f6 !J7 !l8 !II 60 61;::;' b 62 6:J 64 6!1 66 611.40' 77 76 7:1 74 7:J 72 '( r:ï 71 70 69 68 67 '" . @: ¡@; @ @ @) @ @ @ @ @ @~ ,.{t' 55' 10..10' . . . . . . . .10.10' n.lo'?~ '"~1D 10."" 10,50' ~ ~'" @ I. ø I. 0 I. @ MARCH 1981 @ (£) @ @ @ C!) (3, @) 6 7 , /0 " 12 I" 8 TRACT No. 4250 17 MM. 15/-15,16 NOTE. ASSESSOR'S aLOCK & PARCEL NUMaEIIS SHOWN IN aRClES '-v/ ,/)'UW'w....~v..IIItD~- OUT 01' b'l,6,4. QOUNTY A!ISI!S1IOI'I ÐEI'T. PUII"OIU OM". Y. ontI' AUI!II$OR MAKU NO CiU...lW<TEf AI TO 38 ITS ACCUF:..CY NOR ..SSUIo1Ef> AIIV Ui.s!L1rY 402- PO, "O'l11f.R usn, MOTro liE REPIIODUCUI ~ COPYIII.HT ORAHOE COUNTY U$ES8Of> 24 100' ~ ~ ~ 'q: @ "' 0 ,.. ... ~ ~ ~ oq: 1110' 22 @ j:! ~ 21 @ 20 !i @ 19 @ /8 ~ ...... ...., ...., ~ ~ @ ~ j:! 100' !!. 16 !i !¡ S; @ (f.¡. 100' ~. 14' AVENUE'J 1o.SD' n,œ',.,4": @ 1í4\~ @)~ ~.. Ii Nó. 425~ :J 40' 14 I!I ".'\4 j---==z7 /""/00' . - WALNUT Avt"uE to C\I ~ ~ ~ ~ ASSESSOR'S MAP 800K402 PAGE 38 COUNTY OF ORANGE 0 ,JØI ... I II ,.7 ¿~\ "..,Ii" ,- ~ -, ,,1' Q>- 'IIi \l ~--r ~~--- '"r-." ~ , ~ -,' i!I ~ .' - -- "0'. , - --- /' ./ --' ,'*""'"' .~\ ~ ~"!Ì'k: "::;';i;¡'i.~ ATTACHMENT F "California Family Child Care Home Licensing Regulation Highlights" handout CALIFORNIA FAMILY CHILD CARE HOMES LICENSING REGULATION HIGHLIGHTS The following are highlights of some of the key regulations from Title 22, Division 12, Chapter 3 of the Manual of Policies and Procedures for Community Care Licensing. Applicants and licensees are responsible for reading and understanding the regulations. To access the complete regulations, go to the Community Care Licensing Division's web site at: http://ccld.ca.Qov. In the gray area at the left- hand side of the screen, click on "Title 22 Regulations". Then scroll down to Family Child Care Homes and click on the blue links. 102352 Definitions . Family Child Care means regularly provided care, protection and supervision of children, in the caregiver's own home, for periods of less than 24 hours per day, while the parents or authorized representatives are away. 102359 Advertisements . Licensees shall include the facility license number in all advertisements. 102368 License . The license shall not be transferred to other individuals or different locations. . As of January 1, 2005, the license shall be posted and accessible for viewing. 102370 Criminal Record Clearance . Prior to issuing a license, the applicant and all adults residing in the home shall obtain a Califomia criminal record clearance or exemption. . Prior to employment, residence or initial presence in the facility, all adults (anyone 18 years or older) shall obtain a criminal record dearance or exemption. . For individuals previously cleared at another child care facility, a licensee or applicant may request a transfer of a criminal record clearance from one state licensed facility to another. . Violation of this section will result in an immediate civil penalty assessment. 102370.2 Child Abuse Central Index . Prior to issuing a license, the Department shall check the Child Abuse Central Index (CACI) for all individuals subject to a criminal record review. . Subsequent to licensure, any individual subject to a criminal record clearance shall complete the Child Abuse Central Index check. 102371 Fire Safety Clearance . For a Small Family Child Care Home, a fire clearance is not required. . For a Large Family Child Care Home, a fire safety clearance approved by the local fire authority shall be required. 102383 Terms of a License . A license remains in effect until it is forfeited, surrendered, suspended, or revoked. . A license is no longer valid if the licensee moves to another home. Page 1 February 2005 CALIFORNIA FAMILY CHILD CARE HOMES LICENSING REGULATION HIGHLIGHTS 102384 Applicant/Annual Fees . An applicant or licensee is charged an orientation, application and/or annual fee. 102391 Inspection Authority . The licensee shall permit the Department to inspect the Family Child Care Home, and to privately interview children or staff, to determine compliance with or to prevent violations of family child care laws or regulations... during the home's normal business hours or when children are in care. . The licensee shall permit the Department to inspect any part of the home in which family child care services are provided or where children have access. 102416.5 Staffing and Capacity . For a Small Family Child Care Home, the maximum number of children cared for, including children under age 10 who live in the home, is one of the following: 0 Four infants, or 0 Six children, no more than three of whom may be infants, or 0 Eight children when one child is six and one child is enrolled and attending kindergarten or elementary school and no more than two infants are in care. Parent notification and owner consent must be on file. . For a Large Family Child Care Home, the maximum number of children cared for when there is an assistant provider in the home, including children under age 10 who live in the home, and the assistant provider's children under age 10, is either: 0 Twelve children, no more than four of whom may be infants, or 0 Up to 14 children when one child is six and one child is enrolled in and attending kindergarten or elementary school, and no more than three infants are in care. Parent notification and owner consent must be on file. 102416 Personnel Requirements . Each licensee, and for Large Family Child Care Homes, at least one other person, shall complete, and maintain certification for approved training on preventive health practices (7 hours), including pediatric cardiopulmonary resuscitation (CPR) (4 hours), and pediatric first aid (4 hours). CPR and First Aid cards are to be current at all times-renewed as required. 102417 Operation of a Family Child Care Home . The licensee shall be present in the home and ensure that children are supervised. A substitute adult may care for the children up to 20 percent of the time. . The home shall be kept clean and orderly, with comfortable heating and ventilation. . The home shall have telephone service. . The home shall have safe toys, play equipment and materials. . A child who shows signs of illness shall be separated from other children. . The home shall be free from defects or conditions which might endanger a child. . Fireplaces and heaters shall be screened. The home shall have a fire extinguisher and smoke detector. . Stairs shall be fenced or barricaded when children under five years old are in care. . Detergents, cleaning compounds, medicines, and other items which could pose a danger shall be stored where they are inaccessible to children. Page 2 February 2005 CALIFORNIA FAMILY CHILD CARE HOMES LICENSING REGULATION HIGHLIGHTS . Poisons and firearms shall be stored in locked areas. Ammunition shall be stored and locked separately from firearms. . Swimming pools, hot tubs and spas and all other bodies of water shall be made inaccessible by either a non-climbable, see-through, five-foot fence, with a self-latching gate, or a cover that supports the weight of an adult and is labeled "F 1346-91". . Outdoor play areas shall be either fenced or supervised by the licensee at all times. . The facility shall have a current roster of children. . There shall be a written disaster plan. Fire and disaster drills shall be conducted and documented at least once every six months. . Baby walkers (exersaucers, jumpers, bouncy seats, etc...and similar items) are not allowed on the premises. . Children shall be placed in appropriate restraint systems (car/booster seats, seat belts) when being transported in a vehicle. . The licensee shall have one of the following: 0 Liability insurance 0 A bond 0 A file of affidavits signed by each parent that the family child care home does not carry liability insurance or a bond . The licensee shall have on file proof that they live in the home, e.g., mortgage documents or rental agreement. . Licensees who live in rented or leased property shall obtain written consent of the property owner if the licensee wishes to increase capacity by two additional school age children. 102418 Immunizations . Prior to admission to a Family Child Care Home, children shall be immunized against diseases. The licensee may exempt a child from this requirement if a physician provides a written statement, or the parent or authorized representative signs a "Personal Beliefs Affidavit". . The licensee shall document each child's immunizations on the California School Immunization Record, PM 286, (Blue Card). . The licensee is not required to document immunizations for children who are enrolled in a public or private elementary school. 102419 Admission Procedures . The licensee shall inform parents or children's authorized representatives of their rights, including the following: 1. To enter and inspect the home as determined by law. 2. To file a complaint against the licensee with the local licensing office without discrimination or retaliation. 3. To review the licensee's public file at the licensing office, or to review reports of licensing visits and substantiated complaints at the licensee's home. 4. To be informed by the licensee, upon request, of the name of any adult at the facility who has been granted a criminal record exemption. . The licensee shall post the PUB 394 Family Child Care Home Notification of Parent's Rights Poster in a prominent, publicly accessible area in the home whenever children are in care. . The person in charge of the Family Child Care Home may deny access to the following: Page 3 February 2005 CALIFORNIA FAMILY CHILD CARE HOMES LICENSING REGULATION HIGHLIGHTS 0 An adult whose behavior presents a risk to children; 0 A non-custodial parent who is subject to a court order denying him/her contact with the child when requested in writing by the child's parent or authorized representative. 102421 Child's Record . The licensee shall keep in each child's record, signed and dated forms, as required in regulation. . An emergency information card and consent for emergency medical care shall be kept on file for each child. 102423 Personal Rights . Each child in care has rights that shall not be waived or abridged by the licensee regardless of consent or authorization from the child's parent, including: 1. To be treated with dignity. 2. To receive safe, healthful and comfortable accommodations. 3. To be free from corporal or unusual punishment, infliction of pain, humiliation, intimidation, ridicule, coercion, threat, mental abuse, or other actions of a punitive nature, including, but not limited to: interference with eating, sleeping or toileting; or withholding shelter, clothing, medication or aids. . The licensee shall give a consumer education handout to parents, PU8 72. 102424 Smoking Prohibition . Smoking is prohibited on the premises of a Family Child Care Home during the hours of operation and in areas of the home where children are present. Health and Safety Code, Section 1597.467- Reporting Responsibilities: . The Licensee shall report to the local licensing office by phone or fax before the end of the next working day, any of the following: death of a child, an injury requiring medical treatment, or any unusual incident that threatens the health and safety of any child in care. A written report is required within 7 days. (LiC 6248, Unusual incidenUlnjury Report-for Family Child Care Homes.) Health and Safetx Code, Section 1596.817 and 1596.8595 - Posting Notice of Site Visit . The Department will post a notice of site visit each time a visit is made. . Notice is to be posted for 30 days on, or immediately adjacent to, the main entrance. . The licensee must post reports citing type A violations. . Failure to post any of the required reports for 30 consecutive days will result in civil penalty assessment. Page 4 February 2005 ATTACHMENT G Resolution No. 4000 RESOLUTION NO. 4000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING THE FINAL NEGATIVE DECLARATION AND MAKING CERTAIN FINDINGS RELATING TO LARGE FAMILY DAY CARE 05-019, AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. II. The Planning Commission finds and determines as follows: A. That Large Family Day Care 05-019 authorizing the establishment of a large family daycare home, caring for up to fourteen (14) children, at the residence located at 15711 S. Myrtle Avenue is a "Project" pursuant to the terms of the California Environmental Quality Act ("CEQA"); B. That an Initial Study was prepared and concluded that there is no substantial evidence that the project or any of its aspects may cause a significant effect on the environment; and therefore a Negative Declaration was prepared for the project; C. That a Notice of Intent to Adopt a Negative Declaration was published and the Negative Declaration and Initial Study were made available for a 20-day public review and comment period from August 25, 2005, to September 12, 2005, in compliance with Sections 15072 and 15105 of the State CEQA Guidelines; D. No comments were received on the Negative Declaration and a Final Negative Declaration was prepared but was not recirculated pursuant to Section 15073.5 of CEQA, because no new information was provided in the Final Negative Declaration; E. The Planning Commission of the City of Tustin has considered the Initial Study and Negative Declaration, the Final Negative Declaration, and oral and written input received during the public review process at the September 12, 2005, meeting. A. A Final Negative Declaration, which includes the Initial Study, attached hereto as Exhibit A, has been completed in compliance with CEQA and the State CEQA Guidelines. The Planning Commission finds that, on the basis of the record before it (including the initial study), there is no substantial evidence that the project will have a significant effect on the environment and that the proposed Final Negative Declaration reflects the City's independent judgment. B. The Planning Commission hereby adopts the Final Negative Declaration for the purpose of approving Large Family Day Care 05-019. Resolution No. 4000 Page 2 C. The record of proceedings upon which this decision is based is located at City Hall, 300 Centennial Way, Tustin, California, Attention: Director of Community Development. III. The Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 1 ih day of September, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4000 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of September, 2005. ELIZABETH A. BINSACK Planning Commission Secretary \ """ COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 INITIAL STUDY A. BACKGROUND Project Title: Large Family Day Care (LFD 05-019) Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Matt West Phone: (714) 573-3118 Project Location: 15712 S. Myrtle Avenue Project Sponsor's Name and Address: Maria Del Carmen Hurtado 15712 S. Myrtle Avenue Tustin, CA 92780 General Plan Designation: Low Density Residential Zoning Designation: Single Family Residential (Rl) Project Description: A request to establish a large family day care home for up to fourteen (14) children at an existing single family residence. Surrounding Uses: North: Single Family Residence South: Single Family Residence East: Single Family Residence West: Myrtle Avenue and Single Family Residence Other public agencies whose approval is required: ~ D 0 0 Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District Other 0 D 0 City of Irvine City of Santa Ana Orange County EMA B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. D Aesthetics D Air Quality D Cultural Resources D Hazards & Hazardous Materials D Land Use/Planning D Noise D Public Services D Transportation/Traffic D Mandatory Findings of Significance D Agriculture Resources D Biological Resources D Geology/Soils D Hydrology/Water Quality D Mineral Resources D Population/Housing D Recreation D Utilities/Service Systems C. DETERMINATION: On the basis of this initial evaluation: [g I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. D I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. D I find that the proposed project MA Y have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. D I find that although the proposed project MA Y have a "potentially significant impact" or "potentially significant unless mitigated impact" on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described in the attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. D I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR OR NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR OR NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, and no further documentation is required. Preparer: Scott Reekstin Title Senior Planner t{~ .i;;L~/ Elizabeth A. Binsack, Community Development Director Date ef. ZS""-o5 D. EVALUATION OF ENVIRONMENTAL IMPACTS Directions 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors and general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, construction, and operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c) (3)(0). In this case, a brief discussion should identify the following: a) b) Earlier Analysis Used. Identify and state where they are available for review. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. c) 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies normally address the questions fTom this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EV ALUA TION OF ENVIRONMENTAL IMP ACTS Less Than Significant Potentially With Less Than Significant Mitigation Significant I. AESTHETICS - Would the project Impact Incorporation Impact No Impact a) Have a substantial adverse effect on a scenic vista? 0 0 0 ~ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? D D D ~ c) Substantially degrade the existing visual character or quality of the site and its surroundings? D D D ~ d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 0 0 0 ~ II. AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 0 0 D ~ b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? D D D ~ c) Involve other changes in the existing environment which, due to the location or nature, could result in conversion of Farmland, to non-agricultural use? 0 0 0 ~ III. AIR QUALITY: Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? D D 0 ~ b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 0 0 0 ~ c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 0 0 0 ~ d) Expose sensitive receptors to substantial pollutant concentrations? 0 0 0 ~ e) Create objectionable odors affecting a substantial number of people? 0 0 0 ~ Less Than Significant Potentially With Less Than Significant Mitigation Significant IV. BIOLOGICAL RESOURCES: - Would the project: Impact Incorporation Impact No Impact a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? D D D ~ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department ofFish and Game or U.S. Fish and Wildlife Service? D D D ~ c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? D D D ~ d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? D D D ~ e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? D D D ~ t) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? D D D ~ V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in § 15064.5? D D D ~ b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? D D D ~ c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? D D D ~ d) Disturb any human remains, including those interred outside of formal cemeteries? D D D ~ VI. GEOLOGY AND SOILS: - Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Less Than Significant Potentially With Less Than Significant Mitigation Significant i) Rupture of a known earthquake fault, as delineated on the Impact Incorporation Impact No Impact most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. 0 0 D ~ ii) Strong seismic ground shaking? D D D ~ iii) Seismic-related ground failure, including liquefaction? D D D ~ iv) Landslides? D D D [g b) Result in substantial soil erosion or the loss of topsoil? D D D ~ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? D D D f2J d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? D D D [g e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? D D D f2J VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? D D D ~ b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? D D D ~ c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? D D D ~ d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? D D D [g e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? D D D ~ f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? D D D ~ Less Than Significant Potentially With Less Than g) Impair implementation of or physically interfere with an Significant Mitigation Significant adopted emergency response plan or emergency evacuation Impact Incorporation Impact No Impact plan? D D D r8J h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? D D D r8J VIII. HYDROLOGY ANDWATEROUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? D D D r8J b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering ofthe local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? D D D r8J c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? D D D [8J d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? D D D. [8J e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? D D D r8J f) Otherwise substantially degrade water quality? D D D [8J g) Place housing within a lOO-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? D D D [8J h) Place within a lOO-year flood hazard area structures which would impede or redirect flood flows? D D D [8J i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? D D D r8J j) Inundation by seiche, tsunami, or mudflow? D D D [8J k) Potentially impact stormwater runoff from construction activities? D D D [8J Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact I) Potentially impact storm water runofffj-om post- construction activities? D D D ¡g¡ m) Result in a potential for discharge of stormwater pollutants from areas of material storage, vehicle or'equipment fueling, vehicle or equipment maintenance (including washing), waste handling, hazardous materials handling or storage, delivery areas, loading docks or other outdoor work areas? 0 0 0 ¡g¡ n) Result in a potential for discharge of storm water to affect the beneficial uses of the receiving waters? D D D ¡g¡ 0) Create the potential for significant changes in the flow velocity or volume of stormwater runoff to cause environmental harm? 0 0 0 [g p) Create significant increases in erosion of the project site or surrounding areas? 0 0 0 [g IX. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? D D 0 [g b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? 0 0 0 [g c) Conflict with any applicable habitat conservation plan or natural community conservation plan? 0 0 0 [g X. MINERAL RESOURCES - Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? D 0 0 [g b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? 0 0 0 [g XI. NOISE - Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? D D D ¡g¡ b) Exposure of persons to or generation of excessive groundbome vibration or groundbome noise levels? D D 0 ¡g¡ Less Than Significant Potentially With Less Than Significant Mitigation Significant c) A substantial permanent increase in ambient noise levels Impact Incorporation Impact No Impact in the project vicinity above levels existing without the project? 0 0 0 ~ d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 0 0 ~ e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? 0 0 0 ~ f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? D D D ~ XII. POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? D D D ~ b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? 0 0 0 ~ c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? D 0 0 ~ XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 D ~ Police protection? 0 0 0 ~ Schools? 0 0 0 ~ Parks? 0 0 D ~ Other public facilities? 0 0 0 ~ Less Than Significant XIV. RECREATION - Potentially With Less Than Significant Mitigation Significant a) Would the project increase the use of existing Impact Incorporation Impact No Impact neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 0 0 0 ~ b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 0 0 0 ~ XV. TRANSPORTATION/TRAFFIC - Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 0 0 0 ~ b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? 0 0 0 ~ c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? 0 0 0 ~ d) Substantially increase hazards due to a design feature (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 0 0 0 ~ e) Result in inadequate emergency access? 0 0 0 ~ t) Result in inadequate parking capacity? 0 0 0 ~ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? 0 0 0 ~ XVI. UTILITIES AND SERVICE SYSTEMS - Would the project: a) Exceed wastewater treatment requirements ofthe applicable Regional Water Quality Control Board? 0 0 0 ~ b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 0 0 ~ c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 0 0 ~ Less Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? D D D [g e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? 0 0 0 ~ t) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? D D D ~ g) Comply with federal, state, and local statutes and regulations related to solid waste? 0 0 0 ~ h) Would the project include a new or retrofitted storm water treatment control Best Management Practice (BMP), (e.g. water quality treatment basin, constructed treatment wetlands), the operation of which could result in significant environmental effects (e.g. increased vectors and odors)? 0 0 0 ~ XVII. MANDATORY FINDINGS OF SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of Cali fomi a history or prehistory? D D D ~ b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? 0 0 0 ~ c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? 0 0 0 ~ A TT ACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS LARGE FAMILY DAY CARE PERMIT 05-019 15712 S. MYRTLE AVENUE BACKGROUND The subject application for LFD 05-019 proposes to establish a large family day care for up to fourteen (14) children in an existing single family home located at 15712 S. Myrtle Avenue. The property is located within the Single Family Residential (R-1) Zoning District and is designated as Low Density Residential in the Tustin General Plan. A Large Family Day Care Permit is required pursuant to Tustin City Code Section 9223.a.6. The large family day care proposes to provide day care for preschool and school age children on weekdays from 7:00 a.m. to 6:00 p.m. The facility will not have any employees that are not living at the property . AESTHETICS Items a throuQh d - No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore the existing visual character and quality of the site and its surroundings would not be affected. The project site is not located on a scenic highway nor does it affect a scenic vista. The project does not include any new exterior lighting. Mitigation Measures/Monitoring Required: None Required. Sources: Field Inspection Project Application Tustin City Code AGRICULTURAL RESOURCES Items a throuQh c - No Impact: The property is currently improved with a single family dwelling, and no new development or construction is proposed. No agricultural resources exist on-site. Therefore, the proposed project would not have any impacts to agricultural resources. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Field Inspection Project Application AIR QUALITY Items a throuQh e - No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore, the project would not generate any construction emissions. The operation of a large family day care has the potential to generate a total of 50 net daily trip ends, based on trip rates provided in Trip Generation published by the Institute of Transportation Engineers (ITE). The projected increase of 50 trips would not have a significant impact on air quality. As such, the proposed project will not conflict with or obstruct implementation of any applicable air quality plan, contribute substantially to an existing or projected air quality violation, result in a cumulatively considerable increase of any criteria pollutant as applicable by Federal or ambient air quality standard, nor will it expose sensitive receptors to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Field Inspection Public Works Department, Traffic Division analysis BIOLOGICAL RESOURCES Items a throuQh f - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project area is not identified as a federal, state, or local protected wetland, and no standing water or riparian or wetland species are apparent on the property. No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish and Wildlife Service will occur as a result of this proposed project. Therefore, no impact will occur to endangered, threatened or rare species or habitats, locally designated species or natural communities, or wildlife dispersal or migration corridors. The project site has no significant plant or animal species present on site and there are no biological resources located on site. Mitigation Measures/Monitoring Required: None Required Sources: Field Inspection Project Application Tustin City Code CULTURAL RESOURCES Items a throuQh d - No Impact: This project is not an historical resource or within an area identified as an archaeological site. The project does not include any proposed development or construction. Therefore, there would be no disruption to any paleontological resource, geological feature, or cemeteries. Mitigation Measures/Monitoring Required: None Required Sources: Tustin Historical Resources Survey Report Project Application Tustin City Code Tustin General Plan GEOLOGY & SOILS Items a throuqh d - No Impact: The existing single family residence is located within an area that may subject people or structures to strong seismic ground shaking and seismic-related ground failure including liquefaction. However, the project does not include any proposed development or construction and there would not be any disruption to the soil. The project site is not located within an area on the Alquist-Priolo Earthquake Fault Zoning Map. The project is also not located in a hillside area; therefore, landslides are not possible. Mitigation Measures/Monitoring Required: None Required Sources: Tustin General Plan Tustin City Code Project Application HAZARDS & HAZARDOUS MATERIALS Items a throuqh h - No Impact: Use of the residence for the proposed large family day care is not anticipated to result in exposure to hazardous substances, other than the possibility of materials associated with household hazardous wastes, or interfere with emergency response or evacuation. The proposed project would not include the use of any hazardous substances. The property is within a developed urban area and is not within two (2) miles of an air strip or any wildlands. Mitigation Measures/Monitoring Required: None Required. Sources: Uniform Building and Fire Codes Project Application Tustin General Plan Airport Environs Land Use Plan HYDROLOGY & WATER QUALITY Items a thouah P - No Impact: The project is not located in a flood hazard zone and does not include any proposed development or construction and, therefore, would not expose people or property to water related hazards such as flooding, change the course or direction of waters movements, affect the quantity or recharge of groundwaters, impact stormwater runoff, affect the beneficial uses of the receiving waters, increase flow velocity or volume of storm water runoff, exceed the capacity of an existing storm drain, degrade water quality, or create erosion. The project site will not expose people or structures to a significant risk of loss, injury, or death as a result of the failure of a levee or dam, or by inundation by seiche, tsunami, or mudflow. As such, the project will not violate any water quality standards or waste discharge requirements or degrade water quality in the area. Mitigation Measures: None Required. Sources: Field Inspection Project Application Tustin City Code California Seismic Hazard Zone Map, Tustin Quadrangle, January 17, 2001 Federal Insurance Rate Map LAND USE PLANNING Items a throuQh c - No Impact: The subject property is designated by the Tustin General Plan Land Use Map as Low Density Residential and is located in the Single Family Residential (R- ,1) zoning district. The proposed use is consistent with a residential use and with the applicable land use and zoning regulations. The proposed project will not divide an established community since it would be in an existing residence located among single family dwellings in an urbanized area. The proposed project is not located in a conservation plan or natural community conservation plan area. Mitigation Measures: None Required. Sources: Submitted Plans Tustin City Code Tustin General Plan Tustin Zoning Map MINERAL RESOURCES Items a & b - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The operation of a large family day care home is an accessory residential use and will not use nonrenewable resources in a wasteful or inefficient manner. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Tustin City Code Tustin General Plan NOISE Items a throuQh d- No Impact: The project is located in a single family residence and does not include any proposed development or construction. Therefore, the project would not generate any construction noise. The Tustin City Code requires that the operation of large family day care homes not exceed the noise levels in the City of Tustin Noise Ordinance. The play yard area for the children would be located within the backyard of the single-family residence. The large family day care operation complies with the Tustin City Code by design, location, and layout. The facility, when operated in accordance with the Noise Ordinance and project conditions that limit the business hours and the hours of outdoor play to between 7:00 a.m. and 6:00 p.m. on weekdays only, is not anticipated to create adverse noise impacts which would constitute a nuisance to neighboring properties. In addition, noise created by traffic to the project will not significantly exceed the noise created by existing traffic on Myrtle Avenue. According to studies prepared by the Illinois Department of Transportation, noise is measured on a logarithmic scale and two (2) sources of equal noise added together result in an increase of 3 dBA. The Department further indicates that a 3 dBA change in noise levels is not typically perceived by persons with average hearing. Therefore, doubling traffic volumes will increase the noise level by 3 dBA. Since the project would at no time double traffic on Myrtle Avenue, any traffic noise created would be absorbed within the existing noise created by existing vehicle traffic on the street and could not be detected by persons with reasonable auditory perception. Therefore, no additional significant traffic noise will be created by the project. The project is not located in close proximity to any airports. Standard building techniques will provide sufficient indoor insulation to prevent children and employees from being exposed to air traffic noise. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Tustin City Code Tustin General Plan Illinois Department of Transportation POPULATION & HOUSING Items a throuqh c - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project will not induce population growth or displace existing housing. Rather, the use of the existing single family home would continue to occur. Mitigation Measures/Monitoring Required: None Sources: Project Application Tustin City Code Tustin General Plan PUBLIC SERVICES Item a - No Impact: The proposed project is in an existing urbanized area where fire and police protection are currently provided and can accommodate the large family day care use. The use would not have an impact on school district facilities within the Tustin Unified School District in that the use provides day care to preschool age children and to school age children when school is not in session. The use is not anticipated to generate additional parkland needs in that all outdoor activities for the use will occur on-site. Mitigation Measures/Monitoring Required: None Sources: Project Application Tustin City Code Tustin General Plan RECREATION Items a and b - No Impact: The proposed large family daycare home has a sufficient play yard area for the children and will not impact existing recreational facilities in the neighborhood. Mitigation Measures/Monitoring Required: None Required Sources: Project Application Tustin City Code Tustin General Plan TRANSPORT A TIONITRAFFIC Item a - No Impact: A 24-hour traffic count on Myrtle Avenue between McFadden Street and Medallion Avenue, dated August 23, 2005 indicates a two-way traffic volume of 1468 vehicles. As a two lane local street, Myrtle Avenue is well within the capacity of the street. The trip generation for the proposed daycare facility is estimated to be 60 trip ends per day, which is 50 trip ends more than a single family residence. Daycare traffic generated during normal AM and PM peak hours is estimated at 11 trip ends for each peak hour. See the attached "Trip Generation Analysis." Therefore, the City Traffic Engineer has determined that the traffic generated from the proposed daycare facility is not anticipated to impact the daily traffic operation of Myrtle Avenue. Sources: Project Application Public Works Department, Traffic Division Trip Generation Data (Attached) Public Works Department, Traffic Division Trip Generation Analysis (Attached) Public Works Department, Traffic Division Trip Generation Conclusions (Attached) Tustin General Plan Items b - Q - No Impact: The proposed project does not exceed, either individually or cumulatively, the level of service established for the immediate vicinity of Myrtle Avenue, in that as confirmed by the Public Works Department, Traffic Division, there is sufficient capacity on Myrtle Avenue to accommodate the proposed and existing uses. In the immediate vicinity of the proposed large family day care, there is no vacant land, and no new or intensified uses are in review or are anticipated in the near future. Single family residences are well established along the street. The existing uses on the street are considered to be close to the maximum development thresholds established by the General Plan Land Use Element, yet the acceptable level of service for Myrtle Avenue would not be exceeded even with the proposed project. The proposed project will not cause changes to air traffic patterns or cause any changes to the public right-of-way that could cause road hazards. Although there is only one street serving the site, the proposed project would not prevent emergency vehicle access to the site as determined during the plan review process by the Orange County Fire Authority. Tustin City Code Section 9223(a)(6)(j) requires one off-street parking space for each non-resident employee and allows drop-off and pick-up areas on-site and immediately adjacent to the site. There is a two car garage and a driveway which can accommodate two vehicles. In addition, the existing curb between the project site driveway and the adjacent property access is of sufficient length to allow about four to five vehicles to park at the curb. As such, no impacts to parking are anticipated. Also, along this section of Myrtle Avenue sidewalk is adjacent to the curb, which facilitates vehicle entry/exit on the passenger side. The applicant has indicated that drop-off and pick-up times vary in fifteen minute intervals. Typically, between 7:00-8:30 am and 2:00-6:00 pm times for drop off vary. Based on the current operations, it is anticipated that not all fourteen (14) children would arrive or depart at the same time and sufficient parking will be available. The project does not conflict with adopted policies, plans, or programs supporting alternative transportation such as bus turnouts or bicycle racks in that bus turnouts exist on nearby streets and no aspect of the project prevents alternative transportation from being implemented. Mitigation Measures/Monitoring Required: None Required. Sources: Project Application Tustin City Code Public Works Department, Traffic Division analysis Tustin General Plan UTILITIES & SERVICE SYSTEMS Items a - Q - No Impact: The property is currently developed with a single family dwelling, and the project does not include any proposed development or construction. The project has utilities and, therefore, would not result in an impact on the existing utility systems. Mitigation Measures/Monitoring Required: None Required. Sources: Project Application Tustin City Code Tustin General Plan MANDATORY FINDINGS OF SIGNIFICANCE Items a. b & c - No Impact: As described under each topic, the operation of the proposed large family day care is not anticipated to result in any significant impacts. The project does not have the potential to degrade the quality of the environment nor achieve short-term environmental goals to the disadvantage of the long-term. The project does not have impacts that are individually limited but cumulatively considerable or that will cause substantial adverse impacts on human beings. No mitigation measures are required for the project. Sources: Project Application Tustin City Code Tustin General Plan S:\Cdd\Scott\Environmental Etc\LFD 05-019 INITIAL STUDY.doc Inter-Com DATE: AUGUST 25. 2005 TO: FROM: SCOTT REEKSTIN, SENIOR PLANNER TERRY LUTZ, PRINCIPAL ENGINEE~ PROPOSED DAYCARE FACILITY WITHIN AN EXISTING SINGLE FAMILY HOME AT 15712 S. MYRTLE AVENUE; CUP 05-019, ADDITIONAL INFORMATION FOR PLAN CHECK #05-019E SUBJECT: Pursuant to your request, Traffic Engineering has taken traffic counts to provide additional analysis of the proposed daycare facility to be located within an existing single family residence at 15712 Myrtle Avenue. The project is indicated to have up to 14 students. Based on the submittal and a field review we have the following traffic related comments: 1. A 24-hour traffic count on Myrtle Avenue between McFadden Street and Medallion Avenue dated August 23, 2005 indicates a two-way traffic volume of 1468 vehicles. As a two lane local street, Myrtle Avenue has a capacity of about 9,000 vehicles per day, so existing traffic on Myrtle Avenue is well within the capacity of the street. 2. As indicated in our previous analysis, trip generation for the proposed daycare facility is estimated to be 60 trip ends per day, which is 50 trip ends more than a single family residence. Daycare traffic generated during normal AM and PM peak hours is estimated at 11 trip ends for each peak hour. See the attached "Trip Generation Analysis". Therefore, traffic generated from the proposed daycare facility is not anticipated to impact the daily traffic operation of Myrtle Avenue. Thank you for the opportunity to review and comment on this proposed project. If you have any questions, please contact me. Attachment c: Doug Anderson Steve Sasaki Katy Lee S:\Terry\Development Review\2005\15712 Myrtle, add' info.doc Table 1 TRIP GENERATION ANALYSIS 15712 S. Myrtle Avenue AM Peak Hour PM Peak I Hour LAND USE UNITS Daily In Out In Out Trip Generation Rates: - Day Care Per Student 4.48 0.42 0.38 0.39 0.43 - Residence, Single Family PerTSF 9.57 0.19 0.56 0.64 0.37 Trip Ends Generated: - Day Care 14 Students 60 6 5 5 6 - Residence, SFDU One -10 -Nom -1 -1 Nom Net Trip Ends Added 50 6 4 4 6 Note: Trip rates were referenced from Trip Generation, Seventh Edition published by the Institute of Transportation Engineers (ITE). The daily trip end totals were rounded to the nearest 10. S:\Terry\Development Review\2005\15712 Myrtle, add' info.doc TRAFFIC DATA SERVICES, INC. LOCATION CDDE 08511.001 ....w...............................................................**********~ww....*.....*...*******..........-- LOCATION - MYRTLe.8TN MCFADDEN/MEnALLIDN AVERAGE!) VOLUMES FOR. TUESDAY 8/23/05 TO WEDNESDAY 8/24/05 ----...............- AM ...ø...*_.*----*--. ---...-..n_. 11M ------ TlME NO SB TOiAL TIME NI S8 TOTAL ---........*......*-*****-*..*_._...*...****._-**--..~****........-........_........_.**_....*....*.** 12:00 - 12; 15 5 (, 9 12:00 - 12:15 4 6 10 12: 15 - 12:30 5 7 12 12: 15 - 12:30 6 10 16 12:30 . 12:45 0 1 1 12:30 - 12:45 12 10 22 12:45. 1 :00 0 10 3 15 3 25 12:45 - 1 :00 9 31 7 33 16 64 1:00 - 1:15 0 1 1 1 :00. 1: 15 11 4 15 1:15. 1:30 0 0 0 1: 15 - 1:30 6 6 12 1 :30. 1:45 0 1 1 1:30 - 1:'5 5 8 13 1:45 - 2:00 0 0 0 2 0 2 1:45 - 2:00 13 35 10 28 23 63 2:00 - 2:15 0 0 0 2:00 - 2:15 11 8 19 2:15 - 2:30 2 0 2 2:15 - 2:30 8 8 16 2:30 - 2:'5 1 2 3 2:30 - 2:(,5 9 7 16 2:45 - 3:00 0 3 a 2 0 5 2:45 - 3:00 11 39 5 28 16 67 3:00' 3:15 1 2 3:00. 3:15 5 10 15 3:15 - 3:30 2 3 3: 15 - 3:30 6 4 10 3:30 - 3:45 1 2 3:30 - 3:45 10 1 '1 3:45 - 4:00 4 2. 6 3 10 3:45 - 4:00 11 32 13 28 2' 60 4:00. 4;15 0 2 2 ':00 - ':15 15 11 26 4:15 - 4:30 0 1 1 ':15 - 4:30 20 12 32 4:30. 4:45 1 2. 3 4:30. 4:45 14 12 26 4:45 - 5:00 0 0 5 0 6 4:45 - 5:00 18 67 14 49 32 116 5:00. 5:15 1 7 8 5:00 - 5:15 18 18 36 5:15. 5dO 1 11 12 5:15' 5:30 22 16 38 5:30. 5:45 0 8 8 5:30. 5:45 21 22 43 5:45 - 6:00 0 2 14 40 14 42 5:(,5 - 6:00 17 7S 18 74 35 152 6:00. 6:15 2 7 9 6:00. 6:15 18 10 28 6:15. 6:30 0 8 8 6:15 - 6:30 18 4 22 6:30 - 6:45 1 13 14 6:30 - 6:45 16 14 30 6:45 - 7:00 8 11 16 44 24 5S 6:45 - 7:00 20 72 16 44 36 116 7:00. 7:15 6 8 14 7:00 - 7:15 16 13 Z9 7:15 - 7:30 ' 18 ~2 7:15 - 7:30 16 12 28 7;30 - 7:45 2 13 15 7:30 - 7;'5 16 20 36 7:45. 8:00 4 16 13 52 17 68 7~'5 ~ 8:00 16 64 14 59 30 123 8:00 - 8:15 6 16 22 8:00 - 8:15 6 14 20 8:15 - 8:30 4 12 16 8: 15 ~ 8:30 9 8 17 8:30 - 8:45 3 7 10 8:30 - 8:45 12 9 21 8:45 - 9:00 10 23 l' 49 2to 72 8:45. 9:00 8 35 9 40 17 75 9:00 - 9:15 5 12 17 9:00 - 9:15 16 6 22 9: 1S. 9:30 7 8 15 9115. 9:30 7 6 13 9:30. 9:45 6 11 17 9:30 - 9:(,5 16 , 20 9:45 . 10:00 7 25 10 41 17 66 9:45 - 10:00 18 57 10 26 28 83 10:00 - 10: 15 6 14 20 10:00 - 10:15 3 8 '1 10:15 - 10:30 7 7 14 10: 15- 10:30 6 4 10 10:30 . 10:45 6 10 16 10:30 - 10:45 5 4 9 10;45 - 11:00 5 24 4 35 9 59 10:45 . 11:00 5 19 4 20 9 39 11:00 . 11: 15 12 9 21 11:00 - 11:15 8 6 14 11:15 . '1:30 9 9 18 11:15 - 11:30 5 to 9 11:30 - 11:45 6 10 16 11:30 - 11:'5 3 1 '- 11:45 . 12:00 7 34 6 34 13 68 11:45 - 12:00 2 18 3 14 5 32 *****...*******.***....**.******.....*.*...**.......*.**.**......*...**.*.***....**..-........._...............*.._.. TOTALS 153 325 478 547 443 990 AJ)T'S 700 768 1.468 **---*.***.*110-"""----_."""-******-*--*"-_.._*..**.**110*.110...*..*110_110110- ¡;OO~ .JNI' 'SJAS v~va Jlddval O¡;O¡;TÞ£ÞTL XVd £Þ:9T £OO¡;¡Þ¡;¡90 ATTACHMENT H Resolution No. 3995 RESOLUTION NO. 3995 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING LARGE FAMILY DAY CARE 05-019 TO AUTHORIZE THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 15712 S. MYRTLE AVENUE. The Planning Commission does hereby resolve as follows: I. The Planning Commission 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 15711 S. Myrtle Avenue within a Single Family Residential District. B. Pursuant to the Tustin City Code (TCC) Section 9223.a.6, large family day care homes are conditionally permitted in the Single Family Residential Zoning District. C. Pursuant to TCC Section 9223(a)(6)(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. D. That a letter was received on July 18, 2005, from Mr. Paul Oelrich, owner of 15711 S. Myrtle Avenue, requesting a hearing before the Planning Commission for the proposed large family day care. E. That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "Low Density Residential" and zoned "Single-Family Residential" which provides for the establishment of large family day care homes. In addition, the project has been reviewed for consistency with the Air Quality Sub-Element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub- Element. F. That 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. Planning Commission Resolution No. 3995 Page 2 H. I. G. 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." Also, 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. That a public hearing was duly called, noticed, and held on said application on September 12, 2005, by the Planning Commission. That as conditioned, the location and number of children to be cared for 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. There are no other large family day care homes within three hundred (300) feet of the subject property. 2. 3. 4. The play yard area is enclosed with a six (6) foot high fence. There is no swimming pool or spa existing on the site. 5. The existing family day care use at 15712 S. Myrtle Avenue has been inspected and licensed by the State of California. The proposed large family day care, as conditioned, meets all the State of California requirements and would be subject to additional licensing and inspections by the State. The additional trips anticipated for the proposed use are minimal and will not affect the current level of service on roadways. 6. 7. As conditioned, the project will not employ persons that do not reside at the project site. If the applicant is to employ employees in the future, the applicant will be required to providø an off-street parking space for each employee, consistent with Tustin City Code Section 9223.a.6. 8. As conditioned, the proposed four (4) to five (5) drop-off/pick-up spaces located in front of the residence do not interfere with traffic and Planning Commission Resolution No. 3995 Page 3 9. are safe for children since no children would be required to cross a street to enter or exit the day care home. In addition, implementation of interval pick-up times for clients will ensure sufficient parking is provided. As conditioned, if at any time in the future, the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the property owner would be required to implement immediate interim and permanent mitigation measures to eliminate the impact. J. A Final Negative Declaration was prepared pursuant to Article 6 of the California Environmental Quality Act (CEQA) and concluded that, as conditioned, no significant impacts would result from the project. II. The Planning Commission hereby approves Large Family Day Care 05-019 to authorize the establishment of a large family day care home, caring for up to fourteen (14) children, at the residence located at 15712 S. Myrtle Avenue, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of September, 2005. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3995 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 1 ih day of September, 2005. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 EXHIBIT A LARGE FAMILY DAY CARE 05-019 CONDITIONS OF APPROVAL The proposed use shall substantially conform with the submitted plans for the project date stamped September 12, 2005, 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. 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. Approval of Large Family Day Care 05-019 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 within ten (10) days of approval of Large Family Day Care Permit 05-017. 1.4 As a condition of approval of Large Family Day Care Permit 05-019, 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. The City agrees to promptly notify the applicant of any such claim or action filed. against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODEIS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Resolution No. 3995 Exhibit A Large Family Day Care Permit 05-019 Page 2 (1 ) 1.5 (1 ) 1.6 (1 ) 1.7 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. 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. Large Family Day Care Permit 05-019 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director 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. PLAN SUBMITTAL (1 ) 2.1 Prior to commencing operation of a large family day care facility, the applicant shall submit final floor and site plans showing the following items: a. The location and dimensions of two exit doorways, one of which may be a sliding glass door, and exit ways shall be identified on the floor plan. All exit doors shall be a minimum of 36 inches with a thirty-two inch clear width and six (6) foot and eight (8) inch clear height and shall be operable from the inside without the use of a key or special knowledge or effort. Exit ways shall be continuous to an area of safe refuge such as the public right-of-way, and an evacuation plan showing two separate paths of egress shall be provided and posted in an area of the large family day care home. b. The number and location of smoke detectors shall be shown on the floor plan. c. The location of a fire extinguisher with a minimum rating of 2A shall be shown on the floor plan. The fire extinguisher shall be wall mounted, the top of which shall be between three (3) and five (5) feet from the floor, easily accessible, and near the day care area. Resolution No. 3995 Exhibit A Large Family Day Care Permit 05-019 Page 3 (1 ) 2.2 d. The location of a fire alarm attached to the structure shall be shown on the floor plan. The alarm shall be distinctive in tone, audible throughout the structure, and maintained in an operable condition. e. An interval parking schedule and parking plan to be reviewed and approved by the Community Development Director prior to commencing operation of a large family day care shall include instructions to clients for safe ingress and egress. 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, if a business license is required. USE RESTRICTIONS (1 ) 3.1 (1 ) 3.2 (1) 3.3 (1) 3.4 (1) 3.5 (1 ) 3.6 No employee not residing at 15712 S. Myrtle Avenue shall be employed within the approved large family day care home. If the applicant employs any persons not residing at 15712 S. Myrtle Avenue, the applicant shall provide an off-street parking space for each employee not residing at the project site. No more than fourteen (14) children shall be cared for in the large family day care home as defined by the State of California Health and Safety Code. The large family day care shall only operate from 7:00 a.m. to 6:00 p.m. Only the driveway and spaces located directly adjacent to the curbing in front of the home shall be used for dropping off and picking up. Applicants shall 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. 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 Tustin City Code. Resolution No. 3995 Exhibit A Large Family Day Care Permit 05-019 Page 4 (1 ) (1 ) (1 ) (1 ) 3.7 3.8 3.9 Noise associated with the large family day care home operations shall not exceed the standards of the City of Tustin Noise Ordinance. The six (6) foot high wall and gate surrounding the play area shall be maintained in good condition at all times. Self-closing, self-latching locks that are at least four (4) feet from ground level shall be provided on the gates. While the property is operating as a large family day care home, no swimming pool, jacuzzi/spa, or other water body shall be constructed on the property. 3.10 If, at any time in the future, the City is made aware and concurs that a parking, traffic, or noise problem exists at the subject site, the Community Development Department and/or Public Works Department may require the property owner to implement immediate interim mitigation measures and submit a parking, traffic, or noise study, at no expense to the City, within the time stipulated by the City. If said study indicates that there are inadequate parking, traffic, or noise impacts, the property owner shall be required to implement mitigation measures to eliminate all identified impacts. (1 ) 3.11 The attached two (2) car garage shall be maintained for parking accommodation of vehicles of the occupants of the home at all times. FEES (1 ) 4.1 Prior to commencing with the operation of the large family day care, the applicant shall pay the following fees. Payment will be required based upon the rate in effect at the time of permit issuance and are subject to change. A. All applicable .Building plan check and inspections fees shall be paid to the Community Development Department. B. Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C. 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 forty-three dollars ($43.00) 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 Resolution No. 3995 Exhibit A Large Family Day Care Permit 05-019 Page 5 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.