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HomeMy WebLinkAboutPC RES 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 provide 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. 2ii~w ~ ELIZABETH A. BINSACK Planning Commission Secretary tv'-- JOHN NIELSEN Chairperson 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 12th day of September, 2005. a~~ ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) (1 ) (1 ) (1 ) 1.1 1.2 1.3 1.4 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. 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 CODE/S 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 ) (1 ) FEES (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. 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. 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.