HomeMy WebLinkAboutNB 2 CUP FEES NURSERIES 2-20-90~1
DATE:
TO:
FROM:
SUBJECT:
+ao - /
FEBRUARY 20, 199
WILLIAM HUSTON, CITY MANAGER
COMMUNITY DEVELOPMENT DEPARTMENT
NEW BUSINESS N0. 2
2-20-90
Inter - Com
WAIVER OF CONDITIONAL USE PERMIT FEES FOR NURSERIES OR
NURSERY SCHOOL (CHILD CARE CENTERS)
RECOMMENDATION
It is recommended that the City Council adopt Resolution No. 90-
35 exempting Day Nurseries or Nursery Schools from a Conditional
Use Permit Fee.
BACKGROUND
At the meeting of February 5, 1990 Councilman Prescott requested
that staff investigate the feasibility of waiving conditional use
permit fees associated with child care centers. Mayor Edgar also
directed staff to investigate ways for the City to be aggressive
in attracting child care operators to the City.
ANALYSIS
The Municipal Code addresses three types of Child Care centers:
day care homes for children, large family day care homes and day
nurseries or nursery schools.
Day care homes for children (Family Day Care) are regulated by the
State which allow the use of a single family residence as a small
family day care home. A small family day care home allows six or
fewer children. Due to State law and Municipal Code provisions
the City cannot and does not regulate these uses. There is no
permit fee or business license fee associated with these uses.
This use is allowed in the R-1 Single Family District.
Large Family Care Homes address the caring for seven to twelve
children. Both State law and the Municipal Code outline parameters
for large family day care facilities. The Municipal Code allows
for Large Family Day Care homes in the R-1 Single Family District
subject to a set of minimum regulations authorized by State law.
If minimum standards can be met and there is no protest after
noticing of the proposed use, the City must approve the use and has
no discretion to deny the use.
There are no fees associated with the large family care home
applications. The processing of these applications takes
approximately 30 days providing there is no protest and
City Council Report
Day Care Fee Exemption
February 20, 1990
Page 2
consequently no Planning Commission hearing. If a protest were
filed the processing time (including the Planning Commission
hearing) would be approximately 45 days.
Day Nurseries or Nursery Schools are subject to a Conditional Use
Permit in any district in which they are allowed. Day Nursery
Schools are commercial in nature and are reviewed as such.
Development standards for nursery schools vary dependent upon which.
zoning district they are located. All facilities must however
conform to assembly requirements of the Unified Building Code and
the State Department of Social Welfare.
If there are no outstanding issues associated with a nursery school
request the processing of the Conditional Use Permit would take
approximately six to eight weeks. The permit fee for a minor
Conditional Use Permit is $525 which covers the staff time
associated with processing a standard nursery school request.
Given the need for day care and nursery school facilities within
the community, the Council could exempt nursery schools from the
application fee of $525 providing an incentive for additional day
care and nursery school facilities to locate in the community.
The exemption does require amendment of the city's existing fee
schedule (an amendment is attached).
The Community Development Department will also continue to work
with the Community Services Department and the Parks and Recreation
Commission in investigating other available incentives for
provisions of child care facilities.
Susan Tebo Christine Shingleton
Senior Planner Director of community Development
SKT : pef
Attachments: Resolution No. 90-35
Exhibit A
Community Development Department
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RESOLUTION NO. 90-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA MODIFYING THE CITY'S PLANNING FEES TO EXEMPT
DAY NURSERIES/NURSERY SCHOOLS FROM PAYMENT OF CONDITIONAL
USE PERMIT FEES
The City Council of the City of Tustin does hereby resolve as
follows:
Section 1. Resolution No. 87-27 establishing Planning Related Fees
and Service Charges attached as Exhibit A is modified to exempt Day
Nurseries/Nursery Schools from Conditional Use Permit fees.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council
on the 20th day of February, 1990.
Mary E. Wynn
City Clerk
Richard B. Edgar
Mayor
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RESOLUTION NO. 87-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA ESTABLISHING PLANNING
RELATED FEES AND SERVICE CHARGES
The City Council of the City of Tustin, California does hereby resolve as
follows:
Section 1. Planning Fees and Service Charges are hereby established as
shown in Exhibit A and supersede any existing fee and shall be applied
uniformly except where, in the discretion of the City Manager, reduced fees
are justified by special circumstances.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin, California, held on the 2nd day of March, 1987.
Attest:
- (-J
MARY E. WY ,
City C1 er
RICHARD B. EDGAR
Mayor
EXHIBIT A
EXHIBIT A
CITY OF TUSTIN
COMMUNITY DEVELOPMENT DEPARTMENT
FEE SCHEDULE
EFFECTIVE March 2, 1987
TYPE OF
ACTION
Zoning Administrator
actions
Temporary Use Permit
Use Interpretation
Variance
Mi nor
Major
Conditional Use
ABC license
Minor
Major
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Zone Change
i --.,ng Code Amendment
Design Review
Signs
Minor remodel
Major remodel
Minor new
Major new
General Plan Revisions
Minor textural
Major textural
Land Use map
Tract Maps
Tentative ET -per sector
Tentative ET -per project
Tentative Standard
Final map
Parcel Maps
Tentative
Final
RECOMMENDED
FEE W
75
75
100
300
525
200
525
1000
750
750
50
275
500
400
775
575
1500 min.dep(2)
775
4500
2150
950
1050
950
875
page two
TYPE OF
ACTION
Vesting map
Reversion to Acreage
Lot line adjustment
Lot merger
Certificate of Compliance
CC&R review
Environmental
Initial study
Negative Declaration
EIR
Minor
Major
Other Miscellaneous (4)
document preparation
Appeals
RECOMMENDED
r -t -r- I &.
base map fee
+ 50
base map fee
+ 50
200
150
75
150
75
100
1750
3100 min.dep(3)
150
1/2 of filing fee
(1) includes cursory review of applications by building staff.
(2) additional actual production costs to be reimbursed at hourly rate of $39.10
(3) minimum deposit is for city review only - additional actual time spent by sta
be reimbursed on an hourly rate of $39.10. Applicant to also deposit actual
for consultant preparation of EIR, when required.
(4) examples are parking agreements
CAS 2/10/87
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex -officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of
the_ City Council of the City of Tustin is five; that the above and foregoing
Resolution No. 87-27 was duly and regularly introduced, passed and adopted at a
-- regular meetingo-the City Council held on the 2nd day of March, 1987, by the
following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Kelly, Kennedy, Saltarelli
NOES : COUNCILPERSONS: None
ABSENT: COUNCILPERSONS: None
MAR—T-7.7 WY NeKC i ty er
City of Tus , Californ a