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RESOLUTION NO. 2408
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN RECOMMENDING AMENDMENT OF
SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE
RELATING TO LARGE FAMILY DAY CARE HOMES.
The Planning Commission of the City of Tusttn does hereby resolve.
I. The Planntng Commission finds and determines as follows:
a) That the State of California Health and
Safety Code Section 1597.46 mandates that a
permit be granted for large family day care
homes if they comply with local standards and
requtrements.
b) That to ensure that the integrity of the
Single-Family Residential zone is maintained,
the City may establish applicable standards
for spacing and concentratt on, traffi c
control, parking and noise control.
c) That a Negative Declaration has been prepared
conforming with the California Environmental
Qual i ty Act.
II. The Planning Commission hereby recommends to the City Council
that Section 9223a6 be amended as follows:
"6. Large family day care homes", caring for seven (7) to
twelve {12) children, are subject to the following regulations'
a) Prior to commencement, of operation of any
large family day care home, the applicant for
a permit shall complete and submit an
application to the Community Development
Department. Information provided on the
permit shall include: Name of operator;
address of the home; and a list of property
owners wlthin a 100 foot radius of the
exterior property boundary of the proposed
day care home.
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Resolution No. 2408
Page Two
b)
Large family day care homes shall be operated
in a manner not exceeding the noise level in
the Tustin Noise Ordinance, nor shall such
day care homes be allowed to operate in a
manner that would constitute a nuisance to
neighboring properties. A day care home
shall by design, location and layout avoid
any potential noise which may constitute a
nuisance to neighboring properties.
c)
A permit shall not be granted for a large day
care home that would be established within
300 feet of the exterior property boundaries
of any existing licensed large family day
care home.
d) All property owners within a 100 foot radius
of the exterior property boundary of a
proposed large family day care home, as shown
on the last equalized County assessment roll,
shall be notified of the intent to establish
such a home.
e) No hearing on the app.ltcation for a permit
shall be held by the Planning Commission
unless a hearing is requested by the
applicant or a property owner within a 100
foot radius of the exterior boundary of the
proposed home. If no hearing is requested,
the permit shall be granted if the large
family day care home complies wi th the
provisions of this code.
f) Any day care home must comply wi th all
regulations adopted and enforced by the State
Fi re Marshal and Orange County Fi re
Department.
g) The play yard of the home must be enclosed by
a minimum six-foot high fence setback from
the required front yard.
h) The Planning Commission shall not grant a
permit for a large family day care home for
any location that has on the property a
swimming pool as defined by Section 102 of
the Uniform Swimming Pool Code, as adopted.
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Resolution No. 2408
Page Three
1) Any day care home must comply wlth the
provisions of the State Untform Butldtng Code
and Ctty of Tusttn BuJldtng requirements
whtch apply to single family residences.
j) Any large day care home must provide one (1)
off-street parktng space for each employee
who is not a resident of the premises, and
provide adequate drop-off and/or pick-up
facilities on-site or immediately adjacent to
the site as necessary to avoid interference
with traffic and to promote the safety of
chi 1 dren.
k) An applicant for a large day care home shall
be licensed or deemed to be exempt from
licensure by the State of California as a
large family day care home.
l) Nothing contained in the provisions of this
amendment shall preclude the revocation for
cause of any permit granted for a large
family day care home following proceedings
conducted by the Planning Commission to
determine if said use is operated in a manner
detrimental to the health, safety or welfare
of the community or surrounding properties.
PASSED AND ADOPTED at a re~qJ~lar meeting of the Tusttn Planning Commission,
held on the 29th day of June, 1987.
Charles E. Puckett,
Chat rma n
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planming Commission of the City of Tustin, California; that
Resolution No. ~//9~ was duly passed and.~dopted at a~egular meeting of
the Tustin Planning Commission, held on the~~x- day of ---y~.~~ ,
PENNI FOLEY ~/7
Recording Secretary