ATTACHMENT B: CONDITIONAL USE PERMIT

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1 Quality Time Child Care Center Case No. 10CUP Hearing Date: May 2, 2011 ATTACHMENT B: CONDITIONAL USE PERMIT SANTA BARBARA COUNTY CONDITIONAL USE PERMIT County Land Use & Development Code Section 35-1 of Chapter 35 of the County Code I. A Conditional Use Permit is Hereby Granted: CASE NO. 10CUP TO: Quality Time Child Care Center/ Turquoise Inc. APN: PROJECT ADDRESS: 4545 Hollister Ave. ZONE: 10-R-1 AREA/SUPERVISORIAL DISTRICT: 2nd FOR: Child Care Center II. This permit is subject to compliance with the following conditions: 1. Proj Des-01 Project Description. This Conditional Use Permit is based upon and limited to compliance with the project description, plans dated May 2, 2011 and conditions of approval set forth below. Any deviations from the project description, exhibits or conditions must be reviewed and approved by the County for conformity with this approval. Deviations may require modification to the permit and/or further environmental review. Deviations without the above described approval will constitute a violation of permit approval. The project description is as follows: The proposed project is a Minor Conditional Use Permit to allow expansion of an existing Large Family Day Care Home serving 14 children into a Residential Child Care Center serving 30 children, conversion of an existing 372 square foot garage structure into a classroom, construction of two patio covers of 250 square feet and 206 square feet each, and approval a modification to setback requirements to allow 7 parking spaces to be located partly within the side yard setback (pursuant to Land Use and Development Code Section I). Portions of the existing 2,233 square foot residence (including a 221 square foot class-room) would continue to be used for educational purposes as necessary. The majority of the 23,038 square foot lot would be used for educational purposes such as gardens and play areas. Seven existing parking spaces (including one van-accessible space) would be maintained on-site. The Child Care Center would operate from 7:30 a.m. to 6:00 p.m., Monday through Friday and would employ three full-time employees. A total of ten special events would take place each year. Special events would include Summer Celebration, Pre-School Graduation, Halloween

2 Quality Time Child Care Center Case No. 10CUP Hearing Date: May 2, 2011 Celebration, Winter Gathering, Family Workshop, Open House, Back-to-School Night and two parent education workshops. Four events would occur on the weekend and six events would occur on a weekday. The maximum attendance at any event would be 100 people (30 children and 70 adults). The maximum duration of any event would be 4 ½ hours. Events would run no later than 8:30 p.m. No amplified sound would occur at any of the events. In order to accommodate overflow parking during special events, attendees would park across the street from the Child Care Center at the Page Youth Center. Special event parking at the Page Youth Center shall comply with the Overflow Parking Agreement between Quality Time Child Care Center and the Page Youth Center and with the requirements of Condition No. 3 of this permit (Event Parking). Attendees would be shuttled from Page Youth Center to the Child Care Center during special events. The property is currently, and would continue to be, served by the La Cumbre Mutual Water District, Goleta Sanitary District, and Santa Barbara County Fire. 2. Proj Des-02 Project Conformity. The grading, development, use, and maintenance of the property, the size, shape, arrangement, and location of the structures, parking areas and landscape areas, and the protection and preservation of resources shall conform to the project description above and the hearing exhibits and conditions of approval below. The property and any portions thereof shall be sold, leased or financed in compliance with this project description and the approved hearing exhibits and conditions of approval thereto. All plans (such as Landscape and Tree Protection Plans) must be submitted for review and approval and shall be implemented as approved by the County 3. Special-Overflow Parking. During special events, overflow parking shall be accommodated at the Page Youth Center (4540 Hollister Ave.) pursuant to the Overflow Parking Agreement between the Page Youth Center and Quality Time Child Care Center, which states, This Agreement may be reviewed annually by the Page Youth Center. Renewal of the agreement is subject to approval of the Page Youth Center. In the event that the agreement will not be renewed, the Page Youth Center will give Quality Time (60) days written notice so that Quality Time may make other arrangements. In the event that the Page Youth Center does not renew the Parking Agreement the applicant shall suspend all special events with attendees in excess of 15 people (children and adults total) until new overflow parking arrangements, acceptable to P&D, have been made. The applicant shall submit annual compliance reports to Planning and Development by the end of February of each year documenting renewal of the Overflow Parking Agreement, and any suspensions or changes in the agreement. 4. Special-Event Monitoring. The applicant shall submit annual compliance reports to Planning and Development by the end of February of each year documenting the volume of attendance at special events held the previous calendar year. The report shall indicate the number of special events, their dates of occurrence, their type (i.e. Family Workshop, Open House, Back-to-School), number of guests, and start and stop times. The report shall also include a log of complaints received by neighbors during the year and measures taken to respond to the complaints. P&D shall review the report each year for a compliance determination and conduct site visits as appropriate. 5. Special-State License. Prior to Zoning Clearance approval, the applicant shall provide a copy of the California Department of Social Services license application for a 30-child facility to Planning and Development staff. Prior to final occupancy for the remodeled garage/new classroom structure, the applicant shall provide proof of a current California Department of Social Services license for a 30- child facility to Permit Compliance and Building and Safety staff.

3 Quality Time Child Care Center Case No. 10CUP Hearing Date: May 2, DIMF-24g DIMF Fees-Transportation. In compliance with the provisions of ordinances and resolutions adopted by the County, the Owner/Applicant shall be required to pay development impact mitigation fees to finance the development of facilities for transportation. Required mitigation fees shall be as determined by adopted mitigation fee resolutions and ordinances and applicable law. The total DIMF amount for Transportation is assessed at $9,600 ($600/per child x 16 added children). This is based on a project type of a Minor Conditional Use Permit to convert a Large Family Day Care Home into a Residential Child Care Center, and an increase of 16 additional children served. TIMING: Transportation DIMFs shall be paid to the County Public Works Department-Transportation Division prior to Zoning Clearance Approval. 7. Bio-01b Tree Protection Plan Construction Component. The Owner Applicant shall comply with and specify the following as notes on and Grading and Building Plans: 1. Fencing of all trees to be protected at least six feet outside the dripline with chain-link (or other material satisfactory to P&D) fencing at least 3 ft high, staked to prevent any collapse, and with signs identifying the protection area placed in 15-ft intervals on the fencing. 2. Fencing/staking/signage shall be maintained throughout all grading and construction activities. 3. All trees located within 25 ft of buildings shall be protected from stucco and/or paint during construction. 4. No irrigation is permitted within 6 ft of the dripline of any protected tree unless specifically authorized. 5. The following shall be completed only by hand: a. Any trenching required within the dripline or sensitive root zone of any specimen. b. Cleanly cutting any roots of one inch in diameter or greater, encountered during grading or construction. c. Tree trimming. 6. The following are not permitted: a. Any trenching within the dripline or sensitive root zone of any specimen. b. Cutting any roots of one inch in diameter or greater. c. Tree removal and trimming. 7. Grading shall be designed to avoid ponding and ensure proper drainage within driplines of oak trees. PLAN REQUIREMENTS: The Owner/Applicant shall include all applicable components in Tree on Grading and Building Plans TIMING: The Owner/Applicant shall comply with this measure prior to Zoning Clearance Approval. The Owner/Applicant shall install tree protection measures onsite prior to issuance of grading/building permits and pre-construction meeting. MONITORING: The Owner/Applicant shall demonstrate to P&D compliance monitoring staff that trees identified for protection were not damaged or removed or, if damage or removal occurred, that correction is completed 8. Bio-01c Tree Protection-Unexpected Damage and Mitigation. In the event of unexpected damage or removal, this mitigation shall include but is not limited to posting of a performance security and hiring an outside consulting biologist or arborist to assess damage and recommend mitigation. The required mitigation shall be done under the direction of P&D prior to any further work occurring on site. Any performance securities required for installation and maintenance of replacement trees will be released by P&D after its inspection and approval of such installation and maintenance. Damaged trees shall be mitigated on a minimum 10:1 ratio. If it becomes necessary to remove a tree not planned for removal, if feasible, the tree shall be boxed and replanted. If a P&D approved arborist certifies that it is not feasible to replant the tree, it shall be replaced on a 10:1 basis (15:1 for Blue or Valley Oaks) with trees with 10-gallon or larger size saplings grown from locally obtained seed.

4 Quality Time Child Care Center Case No. 10CUP Hearing Date: May 2, Rules-03 Additional Permits Required. The use and/or construction of any structures or improvements authorized by this approval shall not commence until the all necessary planning and building permits are obtained. Before any Permit will be issued by Planning and Development, the Owner/Applicant must obtain written clearance from all departments having conditions; such clearance shall indicate that the Owner/Applicant has satisfied all pre-construction conditions. A form for such clearance is available from Planning and Development. For Conditional Use Permits approved for property located in the Inland area, issuance a Zoning Clearance in compliance with Section (Zoning Clearances) is required prior to the commencement of the development and/or authorized use allowed by the Conditional Use Permit. 10. Rules-12 CUP Expiration. The Owner/Applicant shall obtain the required Zoning Clearance within the 18 months following the effective date of this Conditional Use Permit. If the required Zoning Clearance is not issued within the 18 months following the effective date of this Conditional Use Permit, or within such extended period of time as may be authorized in compliance with the County Land Use and Development Code, and an application for an extension has not been submitted to the Planning and Development Department, then Conditional Use Permit shall be considered void and of no further effect. (18 months is measured from expiration of a 10 day appeal period, or the date after the matter is heard and approved on appeal to the Board of Supervisors.) 11. Rules-17 CUP-Void. This Conditional Use Permit shall become void and be automatically revoked if the development and/or authorized use allowed by this Conditional Use Permit is discontinued for a period of more than 12 months, or within such extended period of time as may be authorized in compliance with the County Land Use and Development Code. Any use authorized by this Conditional Use Permit shall immediately cease upon expiration or revocation of this Conditional Use Permit. Any Zoning Clearance approved or issued pursuant to this Conditional Use Permit shall expire upon expiration or revocation of the Conditional Use Permit. Conditional Use Permit renewals must be applied for prior to expiration of the Conditional Use Permit. (LUDC & ) 12. Rules-29 Other Dept Conditions. Compliance with Departmental/Division letters required as follows: 1. Air Pollution Control District dated October 26, 2010; 2. Fire Department dated November 10, 2010; 3. Public Works Transportation Division dated March 31, Rules-31 Mitigation Monitoring Required. The Owner/Applicant shall ensure that the project complies with all approved plans and all project conditions including those which must be monitored after the project is built and occupied. To accomplish this, the Owner/Applicant shall: 1. Contact P&D compliance staff as soon as possible after project approval to provide the name and phone number of the future contact person for the project and give estimated dates for future project activities; 2. Contact P&D planning staff, submit an extra set of final plans, and pay Permit Compliance fees prior to Zoning Clearance approval as authorized by ordinance and fee schedules to cover full costs of monitoring as described above, including costs for P&D to hire and manage outside consultants when deemed necessary by P&D staff (e.g. non-compliance situations, special monitoring needed for sensitive areas including but not limited to biologists, archaeologists) to assess damage and/or ensure compliance. In such cases, the Owner/Applicant shall comply with

5 Quality Time Child Care Center Case No. 10CUP Hearing Date: May 2, 2011 P&D recommendations to bring the project into compliance. The decision of the Director of P&D shall be final in the event of a dispute; 3. Note the following on each page of grading and building plans This project is subject to Condition Compliance Monitoring and Reporting. All aspects of project construction shall adhere to the approved plans, notes, and conditions of approval. 4. Contact P&D compliance staff at least two weeks prior to commencement of construction activities to schedule an on-site pre-construction meeting to be led by P&D Compliance Monitoring staff and attended by all parties deemed necessary by P&D, including the permit issuing planner, grading and/or building inspectors, other agency staff, and key construction personnel: contractors, sub-contractors and contracted monitors among others. 14. Rules-33 Indemnity and Separation. The Owner/Applicant shall defend, indemnify and hold harmless the County or its agents or officers and employees from any claim, action or proceeding against the County or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the County's approval of this project. In the event that the County fails promptly to notify the Owner / Applicant of any such claim, action or proceeding, or that the County fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect. 15. Rules-34 Legal Challenge. In the event that any condition imposing a fee, exaction, dedication or other measure is challenged by the project sponsors in an action filed in a court of law or threatened to be filed therein which action is brought in the time period provided for by law, this approval shall be suspended pending dismissal of such action, the expiration of the limitation period applicable to such action, or final resolution of such action. If any condition is invalidated by a court of law, the entire project shall be reviewed by the review authority and no approval shall be issued unless substitute feasible conditions/measures are imposed.

APPROVAL/INTENT TO ISSUE A DISCRETIONARY APPEALABLE COASTAL DEVELOPMENT PERMIT (CDP)

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