01-DIR-99CITY OF CJPERTINO �
10300 Torre Avenue, Cupertino, California 95011
DEPARTMENT OF COMMUNITY DE'VEL®PNIENT
Applications 1-DIR-99 Agenda Date: February 8, 2000
Applicant: Rita,& Alfredo Cruz
Property Owner. Rodrigo Laguisma
Property Location: 10203 Miller Avenue
Application Summary: Director's Use Permit to allow a large -family day care honk in
an existing duplex in a R-3 zoning district.
Project Data -
General Plan Designation. Low Density Res. 1-5 D.U./ Gr. Acre
Zoning (Designation: R-3, Multiple -Family Residential Zone
Lot Area: 0.178 acre
Building Type: _ Duplex
Off -Street Parkin- Provided: 2, one in garage and one on driveway apron
Environmental Assessment: Categorically Exempt
BACKGROUND:
:The applicant is requesting use permit approval to open a large Family day carp home in
the duplex unit she is renting. The duplex is zoned R-3 zoning district which allows such
muse contingent upon the issuance of a use permit by the Director of Community .
ordinance language states: "The condlionul irse her•rnil shall. he
Development. The R-3
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Code "`(Exhibit A). A large family day care home provides care for 7 to 12 chiich-en with
the possibility of going up to 14 children if the caregiver meets certain conditions.
DISCUSSIION:
State law prescribes the rules regulating large family day care homes. There is a
presumption on the part of the State that such facilities are in short supply and a growing
need for them exists, so the State has enacted regulations biased in favor of such`
facilities. The State says they are be treated like single-family residences From a planning `
and building code viewpoint. A use permit shall be granted if the large family day care
home complies with local ordinances, if any, prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration, traffic control,
parking, and noisecontrolrelating to such homes, and complies with any regulations
adopted by the State Fire Marshal pursuant to these regulations. When the City reviews
such proposals in single-family zoning districts, the primary concerns are over -
concentration (not closer than 300 feet to each other) and adequacy of parking.
Fire Code
A representative of the Fire Departmeiit of Santa Clara County indicated in writing that
the proposal can comply with fire code regulations for such a use.
Concentration
This area is not over -concentrated with large family day care homes. There is no other
such day care home within 300 feet of this duplex.
Parking Adequacy
The parking ordinance provides for miiin-ium levels of parking for a duplex and large
family day care homes. The City parking requirement the existing parking SLIPPIYAS
described below.
Fk?�gType:
Tflty ][�equirerent
lEisting
For Unit in Duplex
3 spaces
2 spaces
For Employees
1 spaces
0 spaces
Child Drop -Off
1 space
1 space; 01 sircct okay
')Total
5 spaces
3 spaces
There is a total deficient of 2 parking spaces with this proposal. While the parking
ordinance allows street parking to meet the employee and drop-off parking space
requirements, there is only one street parking space in front Of tile duplex Thcreal-C no
options for additional parking oisite. Widening the driveway will preclude the street
parking space.
NeighborhoodConcerns
One property owner called staff in response to the legal notice.. I-Ic owned the rental
property next door. He was concerned about the change in character ol'the area,
introducing what he felt was a nonresidential use to the area. In addition, lie was
concerned about the noise generated by the large number of children aiid how that wOuld
affect the renting of the adjacent duplex. The noise may be somewhat mitigated by
limiting the hours of operation during the evening hours. The applicaiit has proposed
6:00 a.m. to 6:00 p.m. Monday to Sunday. To staff the hours are appropriate for
lessening the noise during the quieter evening hours and clay care could also be PI-0111111I.Cd
on the weekends.
RECOMMENDATION:
Staff is recommending denial of this application based on lack of parking supply tip meet
the City's minimum parking requirements per the model resolution..
(_A (.odes (hsc:l-)yi.3U-1�9i.b21)
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(c) The licensee notifies each parent 'that the facility is caring
for two additional schoolage children and that there may be up to
seven or eight children in the home at one time.
(d) The licensee obtains the written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
1597.45. All of the following shall apply to small family day care
homes:
(a) The use of single-family residence as a small family day care
home shall be considered a residential use of property for the
purposes of all local ordinances.
(b) No local jurisdiction shall impose any business license, fee,
or tax for the privilege of operating,a small family day care home.
(c). Use of a single-family dwelling for purposes of a small.family
day care home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law) or for purposes of local building codes.
(d) A small family day care home shall not be subject to Article 1
(commencing with Section 13100) or Article 2 (commencing with
Section 1314.0) of Chapter 1 of Part 2, except that a small family day
care home shall contain a fire extinguisher and smoke detector
device that meet standards established by the State Fire Marshal.
1597.46. All of the following shall apply to large family day care
homes:
(a) A city, county, or city and county shall not prohibit large
family daycare homes on lots zoned for single-family dwellings, but
shall do one of the following:
(1) Classify these homes as a permitted use of residential
property for zoning purposes.
(2) Grant a nondiscretionary permit to use a lot zoned for a
single-family dwelling to any large family day care home that
complies with local ordinances prescribing reasonable standards,
restrictions, and requirements concerning spacing and concentration, -
traffic control, parking, and noise control relating to such homes,
and complies with subdivision (d) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision Any noise standards
�.':. shall be.consistent.with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise level generated by children. The permit.issued pursuart,,to
this paragraph shall be granted by the zoning administrator, if any,
or if there is no zoning administrator by the person or persons
designated by the planning agency to grant such permits, upon the
certification without a hearing.
(3) Require any large family day care home to apply for a permit
to use a lot zoned for single-family dwellings. The zoning
administrator, if any, or if there is no zoning administrator, the
person or persons designated by the planning agency to handle the use
permits shall review and decide the applications. The use per
shall be granted if the large family day care home complies with
local ordinances, if any, prescribing reasonable standards,
restrictions, and requirements concerning spy c�Ag and concentration,:
traffic control, parking, and noise control relating to such homes.,
and complies with subdivision (d) and any regulations adopted by the
State Fire Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinances implementing the
noise element of the general plan and shall take into consideration
the noise levels generated by children. The local government shall
process any required permit as economically as possible, and fees
charged for review shall not exceed the costs of the review and
3 of 10 12/17/99 4:02 PM
CA Codes (hsc:1597.30-1597.621)
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permit process. Not less than 10 days prior to the date on which the
decision will be mad ica ion, e administrator
or person desi o an e c use perma s sha give no ice of
the proposed use by mail or delivery to an owners shown on the last
equalize .ass ssment ro as owning real property within a o0
r dim us of the exterior boundaries of the••proposed large family day
care —me. No hearing on the application for a permit issued
pursuant to this paragraph shall be held before a decision is made
unless a hearing is requested by the applicant or other affected
person. The applicant or other affected person may appeal the
decision. The appellant shall pay the cost, if any of the appeal.
(b) A large family day care home shall not be subject to the
provisions of Division 13 ,(commencing with Section 21000) of the
Public gesources Code.
(c) Use of a single-family dwelling for the purposes of a large
family daycare home shall not constitute a change of occupancy for
purposes of Part 1.5 (commencing with Section 17910) of Division 13
(State Housing Law), or for purposes of local building and fire
codes.
(d) Large family daycare homes shall be considered as
single-family residences for the purposes of the State Uniform
Building Standards Code and local building and fire codes, except
with respect to any additional standards specifically designed to.
promote the fire and life safety .of the children in.these homes
adopted by the State Fire Marshalpursuant to this subdivision. The
State Fire Marshal shall adopt separate building standards
specifically relating to the subject of fire and life safety in large
family day care homes which shall be published in Title 24 of the
California Administrative Code. These standards shall apply
uniformly throughout the state and shall include, but not be limited
to: (1) the'requirement that a large family day care home contain a
fire extinguisher or smoke detector device, or both, which meets
standards established by the State Fire Marshal; (2) specification as.
to the number of required exits from the home; and (3) specification
as to the floor or floors on which day care may be provided.
Enforcement of these provisions shall 'be in accordance with Sections
13145 and 13146. No city, county, city and county, or district shall
adopt or enforce any building ordinance or local rule,or`regulation
relating to the subject of fire and life safety in large family day
care homes which is inconsistent with those standards adopted by the
State Fire Marshal, except to the extent the building ordinance or
local rule or regulation'applies,to single-family residences in which
( day care is not provided.
(e) No later than April 1, 1984,'the State Fire Marshal shall
adopt the building standards required in subdivision (d) and any
other regulations necessary to implement the provisions of this
section.
1597.465. A large family day care home may provide care for more
than 12 children and up to and including 14`children, if all of the
following conditions are met;
(a) At least two of the children are at least six years of age.
(b) No more than three infants are cared for during any time when
more than 12 children are being cared for.
(c) The licensee notifies a parent that the facility is caring for
two additional schoolage children and that there may be up to 13 or
14 children in the home at one time.
(d) The licensee obtains the -,written consent of the property owner
when the family day care home is operated on property that is leased
or rented.
4 of 10 12/17/99 4:02 PM
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