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RESOLUTION NO. 2140
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING AMENDMENT OF
SECTION 9221a, 9222a, 9223a, 9224b, 9228a AND 9244d
OF TNE TUSTIN CITY CODE BY REQUIRING A SPECIAL PERMIT
FOR LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY
RESIDENTIAL DISTRICTS AND SECTION 9297 OF THE CITY
CODE TO INCLUDE THE DEFINITION OF LARGE FAMILY DAY
CARE HOMES
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That there is a growing need for properly licensed
care facilities within the Community.
B. That as an alternative by which to provide such day
care facilities, the State of California has authorized
local jurisdictions to permit day care facilities for a
maximum of twelve (12) children in Single-Family
Residential zones. Such homes shall be approved upon
findings that such facilities comply with all local
ordinances presribing reasonable standards, restrictions
and requirements concerning spacing and concentration,
traffic control, parking and noise control relating to
such facilities.
C. That to ensure that the integrity of the Single-
Family Residential zone is maintained, and to determine
if each application for a large family day care home
(defined as a home for seven to twelve children) is in
compliance with all applicable standards for spacing and
concentration, traffic control, parking and noise
control, Section 9223a of the Tustin City Code shall be
amended to include as a permitted use subject to a
permit issued by the Community Development Department:
Large Family Day Care Homes for up to a maximum of
twelve (12) children.
D.
A Negative Declaration has been filed in conformance
with the requirements of the California Environmental
Qual i ty Act.
II.
The Planning Commission hereby recommends to the City
Council of the City of Tustin, that Sections 9221a,
9222a, 9223a, 9224b, 9228a and g244d of the Tustin City
Code be amended to include the following:
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Resolution No~ ."1~' 40
Page 2
Secti on 9221a
6. Large Family Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-1 District regulations (Section 9223a.6.)
Section 9222a
4. Large Family, Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-1 District Regulations (Section 9223a.6.).
Section 9223a
6. Large Family Day Care Homes, caring for seven to
twelve children 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 within 100 feet of the proposed
day care home.
b. Large family day care homes shall be operated in
a manner not exceeding the noise levels 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.
c. A permit shall not be granted for a large day care
home that would be established within 300 feet of
any existing licensed large family day care home.
d. All property owners within 100 feet of a proposed
large family day care home shall be notified of
the intent to establish such a home.
e. If any written protest against permit issuance is
received from any property owner within 100 feet
of the proposed home, a hearing shall be conducted
by the Planning Commission. Based on testimony
presented during the hearing pertaining to noise,
traffic, parking, concentration or spacing of such
homes, the Planning Commission shall approve or
deny the request for a large family day care home.
f. Any day care home must comply with all regulations
adopted and enforced by the State Fire Marshal and
Orange County Fire Department.
g. The rear yard of the home and any pool area must
be enclosed by a minimum six-foot (6') high
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Resolution No.- ,~:140
Page 3
fence. Additionally, swimming pools must be
separated from all play areas by a'five-foot (5')
hi gh fence.
i. 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
property.
Secti on 9224b
12. Large Family Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-1 District regulations (Section 9223a.6.).
Secti on 9228a
6. Large Family Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-1 District regulations (Section 9223a.6.).
Section 9244d
5. Large Family Day Care Homes, caring for seven to
twelve children shall be allowed as permi:ted uses in
those areas designated for single-family residential
land uses, subject to the standards contained in the
R-1 District regulations (Section 9223a.6.).
III.
The Planning Commission further recommends to the City
Council that Section 9297 be amended to include the
following:
Section 9297 Definitions
"Large Family Day Care Home" means a family dwelling
unit, non-institutional in character, properly licensed
by the County of Orange, which provides day care only,
for a maximum of twelve (12) children ages 18 years or
younger, including the licensee's own children under the
age of 12.
PASSED AND ADOPTED at a regular~me~ eting of the, Tustin Planning
Commission held on the 23rd day of April, 1984.
/
Janet
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
1, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~G/j was duly
passed and adopted at a r~e~gula~r meeting/6~ the Tustin Plannipg../
Commission, held on the~?' ?~y~. day of {_~_~j~_~ , 19~T~.
Tustin Planning Commission