HomeMy WebLinkAboutResolution No. 09-C0649 0
RESOLUTION NO. 09-C64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AZUSA, CALIFORNIA, APPROVING MINOR USE PERMIT MUP-
2008-18, A REQUEST TO ALLOW THE OPERATION OF A
LARGE FAMILY DAYCARE HOME PROVIDING CARE FOR UP
TO 14 CHILDREN, LOCATED AT 526 E. RUSSELL STREET,
AZUSA.
WHEREAS, the City Council of the City of Azusa, has given notice thereof as required
by law and held a public hearing on the application of Laura Diaz with respect to the requested
Minor Use Permit MUP-2008-18 to allow the operation of a Large Family Daycare Home
located at 526 E. Russell Street; and
WHEREAS, the City Council has carefully considered all pertinent testimony and the
staff report offered in the case as presented at the public hearing;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AZUSA DOES
HEREBY RESOLVE AS FOLLOWS:
Section 1: In accordance with City of Azusa Municipal Code Section 88.51.032 and
based on the staff report and other such written and oral evidence as
presented to the City Council regarding the Minor Use Permit MUP-2008-
18, the City Council finds and determines that the proposed Variance:
(a) The proposed use is allowed within the applicable zoning district
and complies with all other applicable provisions of this
Development Code and the Municipal Code.
A Large Family Daycare Home is permitted within the NG3-Low
(Neighborhood General 3 -Low Density) zone with a Minor Use
Permit. The Development Code defines a large family daycare as:
"Large Family Daycare Home. As defined by the Health and
Safety Code Section 1596.78, a day care facility in a single-family
dwelling where an occupant of the residence provides family day
care for seven to 14 children, inclusive of children under the age of
10 years who reside in the home." The proposed site for the large
family daycare is a single family residence located on a street with
a majority of single family homes.
Based on new testimony provided at the July 7, 2009 City Council
Meeting regarding two required off-street parking spaces for
dropping off and picking up children; the City Council finds that
the issues previously identified by the Planning Commission in
regards to personal vehicle storage in the driveway area have been
mitigated, and the proposed daycare use now meets the
Development Code requirement for two off-street parking spaces
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intended to provide a safe child drop-off and pick-up area.
The City Council finds that the removal of personal and
recreational vehicles from the driveway area will solve the
previously identified parking, traffic, and operational issues that
were found by the Planning Commission to be grounds for denial
of the proposed daycare use.
The proposed site meets all of the land use standards of Chapter
88.42.060- Child Day Care Facilities of the City of Azusa
Development Code.
(b) The proposed use is consistent with the General Plan and any
applicable specific plan.
The General Plan Land Use designation of the subject property is
Low Density Residential; there is no specific plan applicable to the
subject property.
Public and Institutional Uses Goal #7: ENSURE THAT THE
PUBLIC AND INSTITUTIONAL USES SUCH AS
GOVERNMENT AND ADMINISTRATIVE OFFICES,
RECREATIONAL FACILITIES, CULTURAL CENTERS, AND
EDUCATIONAL USES ADEQUATELY SUPPORT THE
EXISTING AND FUTURE POPULATION.
Policy #7.4 calls for the development of new child-care facilities.
The proposed Large Family Daycare Home provides the
neighborhood and community with a service which supports the
existing and future population. This use directly provides a new
child-care home, which will help satisfy the General Plan's Public
and Institutional Uses Goal #7 and Policy #7.4.
(c) The design. Location, size, and operating characteristics of the
proposed activity are compatible with the existing and future
land uses in the vicinity.
The location of the proposed Large Family Daycare Home is
located across the street from an existing public park, which offers
a large outdoor area where children may play and also contributes
to the compatibility of the existing and future land uses within the
vicinity.
Based on new testimony provided at the July 7, 2009 City Council
meeting, the City Council finds that the proposed Large Family
Daycare Home meets the Development Code requirements for
location, size, and operating characteristics. The overwhelming
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amount of positive testimony given at the City Council meeting in
support of the proposed Large Family Daycare Home and its
current operating characteristics provide a reasonable amount of
evidence that the operation of the Daycare home does not
negatively impact the neighborhood or neighboring properties.
(d) The site is physically suitable for the type, density and intensity
of the use being proposed, including access, utilities, and the
absence of physical constraints.
The subject site is an existing single-family residence with a
fenced in yard and adequate room for the proposed use. The
existing driveway area provides adequate access to the single
family home and provides two off-street parking spaces, which are
required for providing a child drop-off and pick-up area.
(e) Granting the Minor Use Permit would not be detrimental to
the public interest, health, safety, convenience, or welfare, or
materially injurious to persons, property, or improvements in
the vicinity and zoning district in which the property is located.
Granting the Minor Use Permit to allow the proposed Large
Family Daycare Home would help support the neighborhood and
community. This use will contribute to the wellbeing and
sustainability of Azusa's growing population by providing a much
needed service to those in need of childcare.
Based on new testimony given at the July 7, 2009 City Council
meeting addressing the concerns of the Planning Commission
regarding a parolee being present at the home; the City Council
finds that the testimony given by the applicant and her family
members attesting to the fact that the individual on State Parole
would not be present at the home during the operation of the
daycare home, to be adequate and true. The City Council
considers Conditions of Approval A(5) & C(1); requiring the
applicant and the individual on State Parole to comply with H&S
1596.871(a), "That the individual on State Parole shall at no time
be present at the residence during operation of a child daycare
home", to be an acceptable precaution.
Section 2. Based on the aforementioned findings, the City Council does hereby
approve Minor Use Permit No. MUP 2008-18 for the property located at:
526 E. Russell Street, Azusa, California.
Section 3. The Mayor shall sign this Resolution and the City Clerk shall attest and
certify to the passage and adoption of this Resolution.
Foothill Center Mixed Use Prciec[RTM 68355/CC/ResoDR1006-f03
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ADOPTED AND APPROVED the 20th day of July, 2009.
r
e Rocha, Mayor
ATTEST:
Vera Mendoza, City Clerk
•
I HEREBY CERTIFY that the foregoing resolution no. 09-C64 was duly adopted by the
City Council of the City of Azusa at a regular meeting thereof, held on the 20th day of July, 2009
by the following vote of the Council:
AYES:
NOES:
ABSENT:
ABSTAIN
COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
Vera Mendoza, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, City Attorney
Foothill Center Mtxed Use Project//TM 683551CC/ResoDR2006-103
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Exhibit "A"
Conditions of Approval 7/20/09
Case No: MUP 2008-18 (Laura E. Diaz)
Address: 526 Russell Street
A.P.N.: 8613-007-039
Project: To allow a large -family daycare business, providing care for up to 14
children, at a single-family residence.
These conditions of approval shall be printed on or attached to working
drawings submitted to the Building Division for approval.
A. All requirements of the Planning Division shall be met, including but not
limited to the following:
1. The Minor Use Permit shall be exercised within six (6) months after its
approval, or said permit shall expire and be subject to revocation, unless an
extension of time is approved in compliance with Section 88.52.040 of the
Development Code. The permit shall not be deemed "exercised" until the
applicant has commenced operation of the use.
2. Within 10 calendar days from the date of approval the a pplicant/property
owner shall provide the following to the Planning Division:
1. Sign and return the Owners Acceptance form provided by the
Planning Division.
2. Submit a check for $75 payable to the Los Angeles County Clerk
for filing of a Notice of Exemption with the County of Los Angeles.
3. All uses shall comply with Section 88-1750 for Home Occupation
Performance Standards of the Azusa Municipal Code.
4. All necessary permits shall be obtained at the State and Local level.
5. Applicant shall comply with all State Department of Social Services
requirements and shall comply with H&S 1596.871(a). At no time may any
individual on State parole be present at the residence during operation of a
child day care home.
6. All uses shall be in substantial conformance with the approved plot plan.
7. At least two off-street parking spaces shall be provided exclusively for
dropping off and picking up children. The driveway shall be used to provide
this required off- street parking. The required drop off and pick up area shall
not obstruct any sidewalks or public access. The driveway area shall remain
clear of personal vehicles during daycare hours of operation in order to
ensure the use of the off-street drop-off and pick-up spaces.
8. No recreational vehicle, as defined in Article 6 of the Development Code,
or travel trailer shall be stored (parked for 24 hours or more) within a front
setback area in any neighborhood zone established by Article 2.
9. Parking of vehicles on areas other than paved surfaces or in garages is
prohibited.
10. Landscaping shall be adequately maintained at all times including, but not
limited to, irrigation, weeding, and/or replacement when necessary.
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MUP 2008-18
July 20, 2009
Page 2 of 3
11. The premises shall be maintained in a clean and acceptable condition at all
times. All buildings and walls shall be maintained in good repair at all times.
Any offensive markings shall be removed immediately. Any graffiti shall be
painted over within forty-eight (48) hours to match existing wall in color and
tone.
12. Noise generated from the large family day care home shall not exceed the
City's noise standards for interior and exterior noise within residential zones
per code section 88.31.030 Noise Standards. If Noise originating from the
business exceeds that permitted within neighborhood zones, this Minor Use
Permit may be subject to revocation.
13. Signs advertising the large family day care business shall not be displayed
on the premises unless a sign permit application for a residential sign is
submitted and approved by the Planning Division.
14. If it becomes necessary for the City to take any legal action or commence
any administrative proceedings against the applicantor any successor in
interest in order to enforce any of the conditions of approval set forth herein,
the City shall recover from the applicant or successor in interest reasonable
attorney's fees and other reasonable costs incurred in such action or
proceeding, provided that the City obtains a judgment in its favor in any
portion of such action or proceeding.
15. The applicant or successor in interest shall be the real party in interest and
shall assume primary responsibility for the defense of any legal action or
proceeding commenced against the City to challenge the City's approval of
Land Use Entitlements and/or the City's approval related to such land use
approval. The applicant or successor in interest shall reimburse the City for
all reasonable attorneys' fees and other reasonable costs incurred by the
City in defending such action or proceeding.
16. By accepting approval of the Land Use Entitlements subject to the conditions
set forth herein, the applicant or successor in interest shall be deemed to
have agreed to the terms and conditions set forth herein and the City shall
have the right to enforce in its sole discretion such terms and conditions by
pursuing any and all available legal and equitable remedies.
B. All requirements of the Building Division shall be met, including but not
limited to the following:
1. Project and plans shall comply with the 2007 California Building
Standards Code; including the 2007 California Building Code, 2007
California Electrical Code, 2007 California Plumbing Code, 2007
California Mechanical Code, 2007 California Energy Code, and the City of
Azusa Municipal Code.
2. All plan check fees shall be paid at the time of plan check submittal. Once
plan check is completed and approved, applicant shall be responsible to
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MUP 2008-18
July 20, 2009
Page 3 of 3
pay in full all other appropriate development fees (i.e. school district fees,
water reimbursement, and park fees) prior to issuance of any building
permit.
3. Applicant shall submit 2 copies of foundation, framing, floor and elevation
plans for plan check .
4. Prior to issuance of a permit, the applicant shall submit approval from the
Los Angeles County Fire Department.
5. Applicant recognizes that approval granted is for planning and zoning
only and the owner is obligated to meet all applicable Building Division
requirements.
6. Plans as submitted are not acceptable for Building Division submittal.
7. If building's occupancy is being changed, building must comply with all
provisions of new occupancy as required under the 2007 codes.
8. Building must comply with all 2007 C.B.C. + 2008 Los Angeles Fire Code
requirements for a Large Family Daycare Home.
C. All requirements of the Police Department shall be met, including but not
limited to the following:
1. Any individual on State parole shall not reside at the subject address 526
Russell Street at anytime during the operation of a family daycare home.
The presence of an individual on State parole at the home during the
operation of a family day care home is a violation of 1596.871 (a) H&S.
D. All requirements of the Business License Division shall be met, including
but not limited to the following:
1. A Business License shall be obtained for the home occupation use.
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