HomeMy WebLinkAbout2a_Correspondence_Garrett_PA2012-127To: Zoning Administrator Hearing
Subject: Additonal Materials Received
Item No. 2a: Additional Materials Received
Zoning Administrator Hearing — November 28, 2012
Poppy Avenue Child Daycare MUP (PA2012 -127)
From: Elisa Garrett [mailto:elisa302(cZvahoo.com1
Sent: Sunday, November 25, 2012 5:14 PM
To: Henn, Michael; Rosansky, Steven; Hill, Rush; Daigle, Leslie; Selich, Edward; Gardner, Nancy; Curry, Keith;
Michael Toerge; Bradley Hillgren; Fred Ameri; Brown, Tim; Kory Kramer; Jay Myers; Larry Tucker; Kiff, Dave;
Whelan, Melinda; Brine, Tony; Brandt, Kim; Wisneski, Brenda
Subject: 613 Poppy Avenue Expansion Hearing on Wednesday, 11/28/12
Dear Receipients,
I have attached the Notice of Public Hearing on Wednesday 11/28, and Code Amendment established
in 2006 regarding the request of Kate Martin to expand her daycare center from a Small Day Care
Facility (8 or fewer children) to a Large Day Care Facility (9 to 14 children).
On November 16th 2006 a code amendment was passed that requires the applicant of a Large Day Care
facility to receive a Use Permit from the Planning Director, approval from the Traffic Engineer, and
meet Off Street Parking requirements of "2 per site" for drop off and pick up purposes (in addition to the
spaces required for the dwelling units).
There are two homes on the lot at 613 Poppy where the Small Day Care Facility is operating. They have
4 parking spaces (2 covered and two in a garages).
The applicant is purposing to consider the two homes as one, and therefore use the two spaces in "The
Alley" to provide drop off and pick up.
Please forward this to the Traffic Engineer, and Planning Director and ask them to PLEASE DO NOT
APPROVE THIS USE PERMIT!!
The intent of the Code Amendment established in 2006 was to provide "additional parking" for a Large
Day Care Facility. This is clearly a way to circumvent that.
If a Large Day facility is granted it will increase the number of children allowed from 8 to 14.
Even a samll increase in the number of children would place it in the Large Day Care Facility Use and
open up the possibility for future expansion.
There would also be an increase in the care takers /employees working in the home.
The additional 6 children is almost double the existing use approved, and will cause a major impact in
Noise and Congestion.
The Alley is already cramped, small, and unsafe. The day care facility is currently using the front of the
home on Poppy street for drop off and pick up.
The parents park in the red in front of the hydrant, on the wrong side of the street, and impact the
residents enough with traffic and noise.
Approval of this use permit would create 14 x 2 = 28 additional trips a day in and out of the alley
between Poinsettia and Poppy with cars backed up blocking resident use at prime use hours of morning
and evening.
Additionally, once approved, the State is left to enforce any infringements of "too many children ",
which they are not very effective at.
I see no way that the City can enforce the conditions of approval that it has placed either.
While collecting signatures I also found that none of the residents along Poinsettia received the notice,
yet would be impacted by the alley congestion.
I have a petition with 19 signatures of residents surrounding 613 Poppy opposing the expansion and
hope to have more by Wednesday to deliver to the Zoning Administrator.
Unfortunately many people were out of town this weekend and not around to sign or there would be
even more.
The staff report is inaccurate in its findings that there have been no complaints.
There have been complaints to both the City and State and Police by both myself and other neighbors.
The staff report is also inaccurate in that the rear home is routinely rented out.
Please do not allow this to happen and create an even larger problem than the one that exists now.
Epansion of this facility is unsafe, unwanted, and unneeded.
Thank you,
Joe Garrett
(949) 205 -9237
CITY OF NEWPORT BEACH - NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that on Wednesday, November 28 2012, at 3 :30 p.m., or soon thereafter as the matter shall be
heard, a public hearing will be conducted in the City Council Chambers (Building A) at 3300 Newport Boulevard, Newport Beach.
The Zoning Administrator of the City of Newport Beach will consider the following application:
Poppy Avenue Child Daycare - A request for a minor use permit to convert an existing at -home child daycare from a small
licensed facility (up to 8 children) to a large licensed facility (9 -14 children). The property is developed wrth two detached dwelling
units. The existing and proposed daycare is located in the front single -story cottage unit and front yard area adjacent to Poppy
Avenue, Parking for residents and the child daycare would be provided by the existing two -car garage and two existing carport
spaces (4 spaces total). Proposed hours of operation are from 7:30 a.m. to 6:00 p.m. Monday through Friday.
The project is categorically exempt under Section 15301 , of the California Environmental Quality Act (CEQA) Guidelines -
Class 1 (Existing Facilities)
All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you
may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at,
or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Section
20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of
the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the
Planning Division (Building C, 2nd Floor), 3300 Newport Boulevard, Newport Beach, California, 92663 or at the City of Newport
Beach website at www. neWportbeachca _qov /zoningadministrator. Individuals not able to attend the meeting may contact the
Planning Division or access the City's website after the meeting to review the action on this application.
For questions regarding this public hearing item please contact Melinda Whelan, Assistant Planner, at (949) 644 -3221,
mw helan (a)newpo rtbeachca. gov.
Project File No.: PA2012 -127
Zone: R2 (Two - Family Residential)
Activity No.: UP2012 -021
General Plan: RT (Two -Unit Residential)
Location: 613 Poppy Avenue Applicant: 'Kate Martin
RESOLUTION NO. "
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2006 -007 (PA
2006 -211)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
WHEREAS, on September 26, 2006, the City Council initiated amendments to
Title 20 of the City of Newport Beach Municipal Code to revise land use regulations for
day care centers; and
WHEREAS, public hearings were held on October 19, 2006 and November 16,
2006 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach,
California. A notice of time, place and purpose of the meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to, and
considered by, the Planning Commission at this meeting; and
WHEREAS, the Planning Commission finds as follows:
1. Current land use regulations for day care centers do not distinguish between
facilities for children and those for adults.
2. The California Child Day Care Facilities Act allows cities to adopt reasonable
standards, restrictions, and requirements for family day care homes concerning
spacing and concentration, traffic control, parking, and noise control.
3. The adoption of such regulations is necessary in order to protect the character
of the City's residential neighborhoods.
4. The proposed action is not defined as a project under the California
Environmental Quality Act (CEQA) because it involves general policy and
procedure making activities not associated with a project or a physical change
in the environment (Section 15378 of the CEQA Guidelines).
NOW, THEREFORE, BE IT RESOLVED that based on the aforementioned
findings, the Planning Commission hereby recommends that the City Council of the City
of Newport Beach adopt Code Amendment No. 2006 -007 to Title 20 of the Newport
Beach Municipal Code as provided in Exhibit A.
a
City of Newport Beach
Planning Commission Resolution No.
Paae 2 of 2
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF NOVEMBER 2006.
OY
W
Jeffrey Cole, Chairman
Robert Hawkins, Secretary
W
NOES:
6Y�i4[MIK1I4�11011
Revise the Off - Street Parking and Loading schedule as follows:
Off - Street Parking and Loading Spaces Required
Use Classification Off - Street Parking Spaces Off - Street
Loading Spaces
RESIDENTIAL
GROUP RESIDENTIAL
DAY CARE, LIMITED
-LARGE FAMILY CHILD CARE HOMES
1 covered per 2 guest rooms. - --
2 per site for drop -off and
pick -up purposes (in addition
to the spaces required for the
dwelling unit).
EXHIBIT A
CA 2006 -007
d.
L'
- EXHIBIT A
20.05.030 Residential Use Classifications
A. Day Care, Limited: "Day Care, Limited" means non - residential,
non - medical care and supervision of twelve -i7r2� fourteen or fewer
persons on a less than twenty -four hour basis. This classification
includes, but is not limited to, nursery schools, preschools, and day
care centers for children (large and small family day care homes)
and adults. --
1. Large Familv Child Care Homes. Day care facilities located
in single - family residences where an occupant of the
2. Small Family Child Care. Homes. Day care facilities located
Section 20.05.040 Public and' Semipublic Land Use Classifications
F. Day Care, General. Provision of non - medical care for 'h -4een
fifteen or more persons on a- less than -24 -hour basis. This
classification includes nursery ''schools, preschools, and day care
centers for children or adults.
Sections 20.10.020, 20.41.050, 20.43.060 (B), 20.44:035, 20.45.030 (B) -
n
Revise land use regulation schedules to add largefamily child care homes and
small family -child care homes, ,to permit large family child care homes with a use
permit approved by the Planning Director, to permit small family child care homes
by right, and add a cross reference to new Section 20.60.130 (Day Care
Facilities for Children).
EXHIBITA
CA 2006 -007
v.
M
20.60.130 Day Care Facilities For Children
C. Care Provider's Residence. Each family_ child care home shall be the
principal residence of the care provider and the use shall be clearly
residential..in character.. and be incidental, and secondary to the use of the
complies with Section 20.60.130 A -D and the following:
1. Separation Requirement. No large family child care home within a
on traffic and pedestrian safety considerations.
EXHIBIT A
CA 2006 -007
4
Im
Representative Parking Standards for Large Family Child Care Homes
Community
Standard
The city council may adopt general standards that may be applied to large family day care home
Costa Mesa
applications on a case -by -case basis. The final review authority may use these standards to impose
conditions upon the approval to achieve the purposes set forth in section 13 -31 and to maintain
neighborhood stability and cohesiveness.
Dana Point
1 stall /2 employees, plus 1 stall/5 children, based on facility capacity.
1 space for each staff member, plus, 1 space for each 5 children, or 1 space for each 10 children where a
Laguna Beach
circular driveway or its equivalent, designed for the continuous flow of passenger vehicles for the purpose
of loading and unloading children and capable of simultaneously accommodating at least 2 such
vehicles, is provided on the site.
San Clemente
A passenger loading plan shall be approved by the decision - making body having authority over the
permit for the large family day care home.
A minimum of two off - street parking spaces shall be provided in addition to those required by Section
17.36.040 (Number of Parking Spaces Required) for the single - family dwelling. The driveway may be
used to provide these spaces, if the driveway is of sufficient length to accommodate the parking of two
vehicles without either blocking any sidewalk or other pedestrian access.
Cotati
A home located on a site with no on- street parking immediately in front of the site shall provide two
offslreet parking spaces for drop -offs in addition to the spaces required by Subsection C.2.a.
A home located on a street with a speed limit of 30 miles per hour or greater shall provide two off- street
parking spaces for drop -offs in addition to the spaces required by Subsection C.2.a, that are designed to
'
prevent vehicles from backing onto the street (e.g., circular driveway).
3 spaces minimum; may include spaces provided to fulfill residential parking requirements and on- street
parking so long as it abuts the site.
At least two off - street parking spaces shall be provided exclusively for dropping off and picking up
children. The driveway may be used to provide the off - street parking required by Section 13.36.040, if the
Loomis
parking will not obstruct any required drop -off and pick up areas nor block any sidewalks or other public
access. Alternative parking and drop -off arrangements may be approved by the director based on traffic
and pedestrian safety considerations.
A home located on a street with a speed limit of thirty -five miles per hour or greater shall provide a drop -
off /pick -up area designed to prevent vehicles from backing onto the street (e.g. circular driveway).
1 space per employee, in addition to required residential spaces.
Off- street parking shall be as determined through use permit approval, but shall be a minimum of one
space per employee on the largest shift.
Novato
A safe area for picking up and dropping off children shall be provided. This activity shall only be allowed
in a driveway, in an approved parking area, or in an area with direct access to the facility.
The use shall not negatively impact on- street parking in the neighborhood.
All dwellings used for large family day care facilities shall provide at least three (3) automobile parking
Sonoma
spaces. These may include spaces already provided to fulfill residential parking requirements and on-
street parking so long as it abuts the site.
ATTACHMENT A
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
November 16, 2006
TO: PLANNING COMMISSION
FROM`. Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
,palford@city.newport-beach.ca.us
SUBJECT: Code Amendment 2006 -007
Day Care Regulations (PA 2006 -211)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach .Municipal Code be amended to
revise the land use regulations to distinguish day care centers -for children and those for
adults and establish spacing, concentration, and operational standards?
RECOMMENDATION:
Adopt the attached resolution recommending approval of Code Amendment No. 2006-
007 to the City Council.
DISCUSSION:
Background:
Large Family Child Care Homes are day care facilities located in residences where an
occupant of the residence provides care and supervision of no more than fourteen (14)
children; The California Child Day Care Facilities Act preempts local land,use, regulations,
;but allows cities and counties to adopt reasonable standards, restrictions; and
requirements for Large Family Child Care; Homes, including those concerning parking,
The proposed code amendment include a requirement that a drop- off /pick -up area must
be identified. and approved by the City's Traffic Engineer. This was the only parking
standard proposed.
The Planning Commission held a public hearing on the proposed code amendment on
October 1'9, 2006. The Commission continued the hearing and directed staff to return with
an off - street parking requirement.
Day Care Regulations
November 16, 2006
Page 2
Analysis:
A review of other communities that have adopted standards for Large Family Child Care
Homes require a drop- off /pick -up area or off - street parking spaces based on the number
of children and /or employees, or both. Some communities place additional restrictions on
drop -off /pick -up areas that require vehicles to back out onto arterial streets or streets with
speed limits of 30 or 35 miles per hour or higher. Representative standards from a
number of communities are provided in Attachment A.
The Institute of Transportation Engineers (ITE) publication Parking Generation contains
information on parking demand rates for various land uses. The ITE database includes an
analysis of 17 suburban and 21 urban day care locations, 75 percent of which were
located in Tennessee. This data is taken from large commercial day care facilities and not
the smaller, residentially -based Family Child Care Homes. These facilities averaged 85
children, 17 employees, and 4,200 square feet of gross floor area. Nevertheless, this data
can provide a benchmark to determine the appropriate off - street parking requirement.
The ITE analysis indicates an average peak period parking demand from 0.09 to 0.51
vehicles per child with an average of 0.24 vehicles per child. Vehicles per employee
ranged from 0.53 to 2.50 with an average of 1.35 vehicles per employee. Vehicles per
square foot ranged from 1.18 to 8.67 per 1,000 square feet of gross floor area with an
average of 3.16 vehicles per 1,000 square feet of gross floor area. Counts were taken
between 7:00 and 9:00 a.m. and between 4:00 and 6:00 p.m.
Basing the parking requirement on the number of children or employees would be
problematic since it would be difficult to verify and the numbers may vary over time.
Therefore, establishing a set minimum number of off - street parking spaces per site is
recommended.
After reviewing the requirements from other communities and the ITE analysis, staff
believes that two (2) off- street parking spaces should be sufficient to accommodate the
parking demand for a facility with fourteen (14) children or less. This requirement would
be in addition to the two 2) off- street parking 'spaces required for the dwellinq unit. A
driveway may effused for this purpose, provi ei `Qi "'s Traffic Engineer has approved
i at safe =for dropping off and picking up children.
Environmental Review:
The proposed action is not defined as a ,project under the California Environmental
Quality Act (CEQA) because it involves general policy' and procedure - making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Day Care Regulations
November 16, 2006
Page 3
Public Notice:
Notice of the October 19, 2006 hearing was published in the Daily Pilot a minimum of 10
days in advance of this hearing consistent with the Municipal Code. This included an
eighth page advertisement. Additionally, the item appeared upon the agenda for this
meeting, which was posted at City Hall and on the City website.
Prepared by:
Patrick J. Afford
Senior Planner
Attachments:
Submitted by:
David Lepo
Planning D ector
A. Representative parking standards for Large Family Child Care Homes.
B. Draft resolution.
C. October 19, 2006 Planning Commission staff report.
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 5
October 19, 2006
TO: PLANNING COMMISSION
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford(Dcitv.newport- beach.ca. us
SUBJECT: Code Amendment 2006 -007
Day Care Regulations,(PA 2006 -211)
ISSUE:
Should Title 20 (Zoning Code) of the Newport Beach Municipal Code, be amended to
revise the land use regulations to distinguish day care centers for children and those for
adults and establish spacing, concentration, and operational standards?
RECOMMENDATION:
Adopt the attached resolution recommending approval of Code Amendment No. 2006-
007 to the City Council,
DISCUSSION:
Background:
The City Council initiated the proposed amendment on September 26, 2006.
Introduction:
The proposed °amendment is intended to address the concern of potential over
concentration of day care centers in residential neighborhoods. Day care facilities
supervising twelve (12) or fewer persons (Day Care, Limited) are permitted by right in
'residential, commercial, and institutional zoning districts, while day care facilities
supervising thirteen (13) or more persons (Day Care, General) require a use, permit. The
concern is that large day care centers could be established on abutting single - family
residential lots or within dwelling units on a two- family or multifamily residential lot. Thus, a
residential neighborhood would be impacted by what is effectively a large day care facility,
but without the regulatory controls of a use permit.
411
Day Care Regulations
October 19, 2006
Page 2
The City's regulation of day care centers reflects the California Child Day Care Facilities
Act. This State law prohibits cities and counties from prohibiting "family day care homes"
for children on lots zoned for single - family dwellings. This preemption establishes two
types of family day care facilities: "small family day care homes for eight (8) children or
less and "large family day care homes" for seven (7) to fourteen (14) children'.
Furthermore, cities and counties are required to either permit large family day care homes
by right in residential zones or grant nondiscretionary permits for large family day care
homes in single - family zones. Reasonable standards, restrictions, and requirements
concerning spacing and concentration, traffic control, parking, and noise control are
permitted.
The Zoning Code does not incorporate all of the distinctions provided for under the State
law. Both small and large day care facilities for children are included in the Day Care,
Limited land use classification, which includes facilities for children or adults. Furthermore,
the Zoning Code contains no regulations regarding spacing and concentration, traffic
control, parking, and noise control.
Analysis:
The proposed amendment revises the land use regulations to distinguish day care centers
for children and those for adults, as provided for under State law. This involves adding two
new subgroups under the Day Care, Limited land use classification: Large Family Child
Care Homes for nine (9) to fourteen (14) children and Small Family Child Care Homes for
eight (8) or fewer children.
Small family child care homes must be permitted by right. However, State law allows the
City the option of requiring a use permit for large family child care homes. The use permit
must be nondiscretionary, meaning that is must be approved if the large family child care
home complies with all local regulations. Therefore, it is proposed that large family child
care homes require a use permit issued by the Planning Director.
The proposed amendment adds a new section to the Zoning Code (Section 20.60.130)
that requires all family child care homes (small and large) to be the principal residence of
the care provider, to be licensed by the State, and comply with applicable building and fire
codes and any standards adopted by the State. °These are all State requirements, but
referencing them in the Zoning Code allows for local enforcement.
As stated earlier, State-law allows the City to adopt reasonable standards, restrictions, and
requirements for large family child care homes concerning spacing and concentration,
traffic control, parking, and, noise control. Therefore, the proposed amendment adds a
mew section to the Zoning Code (Section 20.60.130), which includes the following
I The Zoning Code does currently not reflect the change in State law that increased the size of small
family day care homes from 6 to 8 children and large family day care homes from 12 to 14.
b
I
f
Day Care Regulations
October 19, 2006
Page 3
standards:
• Spacing /Concentration. A large family child care home must be located at least five
hundred (500) feet from an existing day care center.
• Drop- off/Pick -up. A drop- off /pick -up area must be identified and approved by the
City's Traffic Engineer.
• Noise. A large family child care home may only operate a maximum of fourteen
(14) hours for each day between the hours of 6:00 a.m. and 8:00 p.m. and may
only conduct outdoor activities between the hours of 7:00 a.m. and 7:00 p.m.
Environmental Review:
The proposed action is not defined as a project under the California Environmental
Quality Act (CEQA) because it involves general policy and procedure- making activities
not associated with a project or a physical change in the environment (Section 15378 of
the CEQA Guidelines).
Public Notice:
Notice of this hearing was published in the Daily Pilot a minimum of 10 days in advance
of this hearing consistent with the Municipal Code. This included an eighth page
advertisement. Additionally, the item appeared upon the agenda for this meeting, which
was posted at City Hall and on the City website.
Prepared by:
Patrick J. Alford
Senior Planner
Attachments:
1. Draft resolution.
Submitted by:
Patricia L. Temple
Planning Director
1-1