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HomeMy WebLinkAboutPC RES 3799l0 I4 ]5 ]6 ]7 20 24 25 27 RESOLUTION NO. 3799 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING LARGE FAMILY DAY CARE 01-019 TO AUTHORIZE THE ESTABLISHMENT OF A LARGE FAMILY DAY CARE HOME, CARING FOR UP TO FOURTEEN (14) CHILDREN AT THE RESIDENCE LOCATED AT 1431 SAN JUAN STREET. The Planning Commission does hereby resolve as follows' The Planning Commission finds and determines as follows' Al S. That a' proper application.for Large Family Day Care 01-019'was filed by Dagoberto and Lissette Abundis to authorize the establishment of a large family day care home, caring for up to fourteen (14) children at the residence located at 1431 San Juan Street. Pursuant to Tustin City Code (TCC) Section 9223(a)(6), large family day care homes are allowed i.n the Multiple-Family Residential (R-3 2700) Zoning District. Pursuant to TCC Section 9223(a)(6)(e), 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 hearing. C. That a letter was received on August 6, 200,1, from Donna Karlan, owner of 13692 through 13694 Green Valley Drive, requesting a hearing before the Planning Commission for the proposed large family day care. 8 That the proposed use is consistent with the General Plan and Tustin City Code in that the property is designated as "High Density Residential" and zoned "Multiple Family Residential" which allows 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. E~ That a public hearing was duly called, noticed, and held on said appliCation on August 27, 2001, by the Planning Commission. FI 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 th'e welfare of the City of Tustin in that: m That the State of California Health and Safety Code Section 1597.44(a) states family day care homes operated under the l0 14 20 22 24 25 2? 2.8 Planning Commission Resolution No. 3799 Page 2 , , , . 7~ , . 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. 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 t'he use of single-family residences for family day care homes for the care of children are prohibited in accordance with Section 1597.40(a). The proposed large family day care use, as conditioned, would not be detrimental, to, or have a negative effect on, surrounding properties in that the proposed use is consistent with the large family day care regulations in Section 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. 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. The residence at 1431 San Juan Street has been inspected by the Community Development Department and is in compliance with the California Uniform Building Code, as locally adopted, and the regulations of the Orange County Fire Authority. As conditioned, the play yard area would be enclosed with a six (6) foot high fence with a lock that is not accessible to children. There is no swimming pool, jacuzzi/spa, or other water body existing on the site. The existing small family day care use at 1431 San Juan Street 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. l0 14 20 2.3 2.4 ?-5 28 Planning Commission Resolution No. :3799 Page 3 10. The number of additional trips generated by the project will not impact the existing traffic level of service on San ~luan Street and Green Valley Ddve. 11. As conditioned, the off-street parking provided is sufficient for one (1) employcm, consistent with lustin City Code Section 9223(a)(6). 12. As cond~ioned, proposed drop-off and pick-up areas do not interfere with traffic, are safe for children, and are consistent with the regulations for large family day care. homes. 13. The rear yard area behind the detached garage, as conditioned, would, be maintained free of trash, debris, and overgrown vegetation and would be maintained in a dean and attractive manner at all times. Si A Negative Declaration has been adopted for this project in accordance with the provisions of the Califomia EnOmnmentat Quality Act (CEQA). - II. The Planning Commission hereby approves Large Family Day Care 01-019 to authorize the establishment of a large family day care home, caring for up to fOurteen (14) children,' at the residence located at 1431 San Juan Street, 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 27th day of August, 2001. · r..ESLIE PONTIOUS Chairperson ELIZABETH A. BINSACK Planning Commission Secretary l0 14 t5 t? 20 2t 24 2.5 26 2? 29 Planning Commission Resolution No. 3799 Page 4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) !, 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. 3799 was duly passed and adopted 'at a regular meeting of the Tustin Planning Commission, held on the 27th day of August, 2001. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1) 1.1 (1) 1.2 (1) 1.3 (1) 1.4 (1) 1.5 (1) 1.6 EXHIBIT A LARGE FAMILY DAY CARE 01-019 CONDITIONS OF APPROVAL The proposed use shall substantially conform with the submitted plans for the project date stamped" August 27, 2001, 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 to be 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 LFD 01-019 is-contingent upon the. applicant and property owner signing and retuming 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. within fourteen (14) days of the date of approval, The Director of Community Development shall establish the forms, and evidence of recordation shall be provided to the Community DeveJopment Department. The applicant shall hold harmless and defend the City of Tu.stin from all claims and liabilities arising out of a challenge of the City's approval for this project. As determined by a City Code. Enforcement Officer, any violation of any of the conditions imposed by this Resolution is su'bjec~ to the imposition of a civil penalty of $100.00 for each violation and each day the, violation exists. The applicant shall be responsible for costs assoc'~ed with any necessary code enforcement action. SOURCE CODES Ill I i (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (s) (6) (7) RESPONSIBLE AGENCY EQUIREMENTS LANDSCAPING GUIDELINES' PC/CC POLICY Exhibit A LFD 01-019 Page 2 (1) 1.7 Large Family Day Care Permit 01-019 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 daycare facility, the applicant shall submit a final site plan showing the following items: al One (1) additional parking space shall be provided in the rear yard area adjacent to the existing driveway and shown on the site plan. The parking space shall be a paved surface and shall be accessible from the existing driveway. The design configuration and paving material shall be subject to review and approval by the Community Development Director. The dead tree shall be removed and the parkway shall be landscaped. b. 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 a 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. C. The number and location of smoke detectors shall be shown on the floor plan. d. 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. e. 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. Exhibit A LFD 01-019 Page 3 USE RESTRICTIONS (1) 3.1 No more than one (1) employee, not residing at 1431 San Juan Street, shall be employed within the approved large family clay care home. (1) 3.2 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. (1) 3.3 Applicants shall obtain the appropriate license from the State Department of Community Care Licensing Agency for a lar§e family day care home at the site. A copy shall be provided to the City prior to commencing operation of a large family day care home. (1) 3,4 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 C}Iy Code. (1)' 3,5 Noise associated with the large family day care home operations shall not exceed the standards of the City of Tustin Noise Ordinance. 3.6 All trash and overgrown vegetation shall be removed from the rear yard area located behind the garage and the entire property shall be maintained in a clean and healthy condition at all times. (1) 3.7 The six (6) foot high fence and gate shall be mair~ained in good repair at all times. Self-closing, self-latching locks that aro at least four (4) feet from ground level shall be provided on the gates. This play yard area may be expanded into the rear yard area provided that ~t complies with the above fence height and lock requirements, is considered a safe area for children to play, and is reviewed and approved by the Community Development Director subject to all applicable requirements. (.1) 3,8 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. (1) 3.9 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 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 Exhibit A LFD 01-019 Page 4 (1) 3.10 (1) 3.11 FEES (1) 4.1 (2) 4,2 noise impacts, the property owner shall be required to implement mitigation measures to eliminate ali identified impacts. The large family day care shall only operate from 7'00 a.m. to 7:00 p.m. consistent with the definition of daytime hours in Section 4612 of the Tustin City Code (Noise Ordinance). The applicant shall be responsible for ensuring that the employee park in the area identified as "Employee Parking" on the site plan and that the driveway is maintained in an unobstructed manner to provide for two drop and pick up spaces. Orange County Fire Authority inspection fees to the Community Development Department based upon the most current schedule. 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 $43.00 (forty-three dollars) to enable the City to file the appropriate enVironmental documentation for the project, if within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental .Quality Act could be significantly lengthened.