HomeMy WebLinkAboutPublic Hearing #2 7-20-87/'-DA*rE: JULY 20' 1987
TO:
FROM:
SUBJECT:
~,~
HONORABLE HAYOR AND, MEHBERS OF CZTY COUNCTL
COMHUNI'TY DEVELOPMENT DEPARTMENT
LARGE: FAHTLY DAY CARE HOMES - ZONTNG ORDTNANCE
AHENDI'IENT NO. 87-02
RE:COIelENDATZON:
M.O,,
It is recommended that Ordinance No. 991 have 1ts first reading by title
only.
H.O. It is recommended that Ordinance 991 be introduced.
BACKGROUND:
On June 29, 1987 the Planning Commission held a public hearing and adopted
Resolution No. 2408 which recommends to the City Council adoption of proposed
changes to our current code. These proposed changes involve clarifying the
noticing requirements for Large Family Day Care Home permits and adding
regulations regarding the avatlabtltty for adequate drop-off sites. These
changes were initiated in respons~ to City Council discussions and direction.
Attached to this report ts a copy of the staff report to the Planning Commission
dated June 8, 1987 which includes all Justification for the proposed amendments.
The City Attorney's office 'has reviewed these changes and finds them to be in
conformance with State Law.
Also attached to this staff report is a draft ordinance with the recommended
amendments from Resolution NO. 2408.
MAC:pef
Attachments:
Christine Shingleton v~e1
Director of Community De opment
Planning Commission Report of June 8, 1987
Ordinance No. 991
Resolution No. 2408
Planning Commission
dUNE 8, 1987
LARGE FAHILY DAY CAPE HOHES
RECOIIIENDATION
It is recommended that the Planning Commission direct staff to. advertise a
public hearing as soon as possible and upon the completion of any necessary
environmental review for Zoning Ordinance Amendement No. 87-01.
WI~K~O~D
::ffecttve 3anuary 1, 1984 legislation went tnto effect regulating the placement
and operation of large famtly day care homes. Thts legtslatlon virtually
pre-empted local control of thts use, _however, it does allow local ordinances to
prescribe certain stan. dards. On Hay 21, 1984 the Ctty Counctl adopted Ordinance
911 (see copy attached) which allows large famtly day care homes .in the stngle
famtly residential districts. Thts ordinance established reasonable standards
for large famtly day care homes.
Attached to this memo is correspondence received from the City Attorney which
suggests that our present code be amended to better meet the provisions of. Stat~
Law. Zn response to their memorandum and other issues raised by the City
Counctl in their review of recent large famtly day care home applications,
proposed Zoning Code Amendments have been prepared.
ANALYSIS
The Tustin City Code states:
"Large Famtly Day Care Home" means a 'famtly ~elltng un!t, non-Institutional
in character, properly ltcensed by the County of Orange, which provides day
care only, for a maxtmum of ~elve (12) children ages eighteen (18) years or
younger, Including the licensee's own children under the age of twelve (12).
-The Health and Saftey Code Section 1597.46 mandates that permits be granted if
he large famtly day care home compltes with local ordinances which prescribe
standards or restrictions concerning spacing, concentration, traffic control,
parktng and notse control.
The Ctty's current code tncludes regulations regarding noise (to some extent)
and spacing but does not tnclude any criteria for traffic and parking.
Community D~velopment Department
Planning Commission Report
Large FaMly Day Care~ome
June 8, 1987
Page Two
Proposed code amendments would provide staff wtth the ability to better evaluate
the location of a proposed large family day care home. These amendments would
also provtde additional' protection and mitigation to the neighbors tn the
vicinity of day care homes ensurtng that approval, o~ large famtly day care
homes will not create a t~afftc problem for the neighborhood. Appropriately,
Staff recommends that amendments be made to Section 9223 of the Zontng Code as
follows:
1. Hodtfy Section 9223a6e of the Tusttn Code to read:
No heartng on the application for a permit shall be held by the
Planntng Commission unless a hearing ts requested by the
applicant or a property owner wtthtn 100 feet of the proposed
home. The permit shall be granted if the large famtly day care
home compltes wtth the provisions of this code.
2. Hodtfy Section 9223a6d to read:
All property owners Wtthtn a 100 foot radius of the exterior
boundaries of a proposed large family day care home as shown on.
the last equalized County assessment roll shall be nqtt~ied of.
the intent to establish such a home.
3. Hodtfy Sectton 9223a6b to read:
Large faadly day care homes shall be operated in a manner not
exceeding the noise levels in the Tusttn Noise Ordinances, 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 also by design, location and layout avoid any
potential noise which may constitute a nuisance to neighboring
properties.
4. Add the following additional standards to Section 92~3a6:
a)
Any day care home must comply with the provisions of the State
Uniform Building Code and .City of 'Tusttn butldtng requirements
which apply to stngle family residences,
Planntng Commission Report
Large Famt]y Day Care Home
dune 8, 1987
Page Three .
b) Any large.-day care home must provide.one (1) off-street parking
space for each employee who ts not a resident of the premises,
and provtde drop-off/pick-up facllttle£ on-stte or Immediately
adjacent to the stte as necessary to avotd Interference wtth
trafftc and to promote the safety of children.
c) An appltca,t for a large day care home shall be ltcensed or
deemed to be exempt from 11censure by the State of California as
a large.family day care home.
Attached for the Commission's revtew ts a draft resolution wtth the above
recommended amendments. Should the Comdsston agree wtth the proposed approach,
staff would be prepared to schedule the matter for a publlc hearing.
~Ch~tsttne A. Shtng~ton,
Dtrector of Community Development
Associate Planner
I~AC:CAS:ts
Attachments: Ordinance No. 911
Resolution No. 2408
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ORDINANCE HO. 911
AN ORDINANCE OF.THE CITY COUNCIL OF THE CITY OF
'I'U~IN, CALIFORNIA, AHENDING VARIOUS SECTIONS OF
THE 'rUSTIN CITY COO£ ALLOWING ~RG£ FAMILY DAY
CARL~HON[$ IN 'rH[ SINGL£-FAMILY RESIDENTIAL
DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1)
The City Council of the City of Tusttn does hereby ORDAIN as
follows:
III.
II.
Section g221a of the Tustin Ctty Code is hereby amended
by addtng the following:
6. Large FaMly Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-10tstrtct regulations (Section 9223a.6.)
Section 9222a of the Tustin City Code is hereby amended
by addtng the following:
4. Large Famtly Day Care Homes, caring for seven to
twelve children subject to the standards contained in
the R-I Otstrtct Regulations (Section 9223a.6.).
Section 9223a of the Tustin Ctty Code is hereby amended
by addtng the following:
6. Large Famtly Day Care Homes, caring for seven to
twelve children subject to the following regulations:
a. Prtor to commencement of operation of any Large
Famtl~ Day. Care Home, the applicant for a permit
shall complete and submit an application to the
Community Oevelopment Oepartment. 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 famtly day care homes shall he operated tn
a manner not exceeding the notse 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 he granted for a large day care
home that would be established within 300 feet of
any existing ltcensed large famtly 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 !00 feet
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Ordinance No. 91.
Page 2
IV.
of the proposed home, a heartng shall be conducted
by the Planntng Commission. Based on testimony
presented durtng the bearing pertaining to notse,
traffic, parking, concentration or spactng of such
homes, the Planntng Coa;lsston shall approve or
deny the request for a large faintly day care hone.
f. Any day care hone must coeply wtth a~l regula;ctons
adopted and enforced by the State Ftre Marshal and
Orange County Ftre Oepartment.
g. The rear yard of the hone rust be enclosed by a
Mntaum slx-foot (6') htgh fence.
h. The Planntng Coeetsslon shall not grant a per;tt
for a Large Fa~ly Day Care Home for any locatton
that has on the property a swtaelng pool as
deftned by Sectton 102 of the Untform Swtwtng
Pool Code, as adopted.
1. Ilothtng contained tn the provisions of thts
amendment shall preclude the revocation for cause
of any peratt granted for a large faatly day care
home following proceedings conducted by the
Planntng Coeetsston to deteratne tf satd use ts
operated !n a nenner detrtnental to the health,
safety or welfare of the coeeuntty or surrounding
property.
Section 9224b of the Tus.ttn Ctty Code ts hereby aaended
by addlng the roi. lowing:
12. Large Faintly Day Care Homes, cartng for seven to
lxelve chtldren subject to the standards contained tn
the R-1 0tstrtct regulations (Sectton 9223a.6.).
Sectton 9228a of the Tusttn Ctty Code ts hereby amended
by adding the following:
6. Large Famtly Day Care Hoees, cartng for seven to
t~elve children subject to the standards contained In
the R-1 01strict regulatiOns (Sectton 9223a.6.).
Section 92444 of the Tusttn Ctty Code ts hereby anended
by addtng the following:
5. Large Faintly Oa~ Care Homes, caring for seven to
txelve chtldren shall be allowed as perattted uses tn
those areas designated for stngle-famt]y residential
land uses, subject to the standards contained tn the
R-1 Dtstrtct regulations (Sectton 9223a.$.).
Ordinance No. 9.,.-
Page 3
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VII. Sectton 9297 Definitions of the ?ustln City Code is
2 hereby amended bY adding the following:
3 "Lar'ge Famtly Day Care Home" means a famtly dwelling
un~t, non-Institutional tn character, properly 11censed
4 by the County of Orange, whtch provtdes day care only,
for a maximum of twelve (12) chtldren ages 18 years'or
5 younger, Including the licensee's own chtl'dren under the
age of 12.
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VIII. A Negative Declaration for Zoning Ordinance Amendment
7 No. 84-1 ts hereby approved tn conformance with the
requirements of the California Environmental Qualtty
8 Act. ..
9 PASSED AND ADOPTED at a regular.meeting of the Tustin City
1_0 Council held on the 21st day of May , 1984.
12 . ACTING MAYOR
]3 ATTI~ST:
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STAT[ OF C~LIFORNIA
18 COUNlW O~ OR~N~ )§
CITY OF mSTIN )
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I~RY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the
20 City of Tustin, California, do~ ~hereby certify that the whole number of the
!)! embers of the City Council of the City of Tustin is five; that the above
and foregoing Ordinance No. gl! was duly and regularly introduced and read
at an adjourned regular meet~ of the City Council held on the 7th day of
~2 May, ~g84, and was given its second reading and duly passed and a~ed at a
23 regular nmeting held ~ thee 2lst day of Nm)% 1~41e by the following vote:
AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli
NO£S : COUNCILPERSONS: None
~.~ ABSENT: COUNCILPERSONS: Grei nke, Kennedy
~ .Z~MARY E. WYNN; City Crerk
~] ~Ctty of Tusttn, California
SU~4~ARY PUBLISHED IN TUSTIN N~WS:
May' 31, 1984
CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT
CITY 2%TTORNEY
iUSJEC:T: CITY REGULATION OF LARGE FAMILY-DAY CARE HOMES
We have prepared a draft ordinance amending Section 9223a(6)
of the Tustin City Code relating to large family day care homes.
This amendment is designed to more carefuIly tailor the City's
ordinance to the provisions of State law. As an example, the
City's ordinance currently requires that a hearing be conducted
if a written protest is received. According to State law, no
hearing shall be held unless it is specifically requested by the
~aPplicant or other affected person. In addition, the City's
ordinance currently would permit the Planning Commission to deny
the request for the permit based upon testimony relating to
noise, traffic, parking, concentration or spacing of such homes.
However, Health and Safety Code Section 1597.46 mandates that the
use pe&.~it be ~ranted if the large family day care home complies
with local ordinances that prescribe-standards or restrictions
conce&~ng spacing, concentration, traffic control, parking and
noise control. The Code does not authorize the Planning Commis-
sion to deny a permit based upon generalized comments about
noise, traffic, and parking.
While the City has adopted regulations regarding noise and
spacing (i.e. no' homes within 300 feet of another home), the City
has not adopted any particular regulations regarding traffic or
parking. Before th~s proposed amendment is presented to the
Planning Commission, you may wish to consider adding specific
regulations for traffic and parking.
In the interim, until the Code is amended, we recommend that
staff reports to the Planning Commission be modified as we have
provided in this mark-up of a prior staff report.
If you have any questions, please do not hesitate to contact
Lois Jeffrey.
C~tyAtto~ney
LEJ:lw:D:4/10/87(7)
cc: WilliamHuston /
Mar~Ann Chamberlain./
Deputy City Attorney
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RESOLUTION HO. 2408
A RESOLUTION OF THE PLANNING COMMISSI011 OF
THE CITY OF TUSTIH RECOMMEHDING AMEHDMENT OF
SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE
RELATING TO LARGE FAMILY DAY CARE HOMES.
The Planntng Commission of the City of Tusttn does hereby resolve.
I. The Planntng Commission ftn~s 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
requirements.
"b)
That to ensure that the integrity of the
Single-Family Residential zone is maintained,
the City my establish applicable standards
for spacing and concentration, traffic
control, parktng and notse control.
c)
That a Negative Declaration has been prepared
conforming with the California Environmental
Quality Act.
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
t~elve (12) children, are subject to the following regulations:
a)
Prior to commencement of operation of any
large fa~dly day care home, the applicant for
a permit shall complete and submtt an
application to the Community Development
Oepartment. Information provtded on the
permit shall tnclude: Name of operator;
address of the home; and a ltst of property
owners wtthtn 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)
c)
d)
e)
f)
g)
h)
Large family day care homes shall be operated
{na manner not exceeding the noise level ~n
the Tusttn Noise Ordinance, nor shall such
day care homes be allowed to operate In a
manner that would constitute a nuisance to
neighboring properttem. A day care home
shall by destgn, locatton and layout avoid
any potential notse which may constitute a
nut sance to net 9hbort ng properties.
A permit shall not be granted for a ]arge day
care home that would be established within
300 feet of the extertor property boundaries
of any extsttng ltcensed large family day
care home.
Al1 property owners wtthtn a 100 foot radtus
of the extertor property boundary of a
proposed large family day care home, as shown
on the last equalized County assessment ro11,
shall be nottfted of the tntent to establish
such a home.
No heartng on the application for a permtt
shall be held by the Planntng Commission
unless a ts by the
heartng requested
applicant or a property owner wtthtn a 100
foot redtus of the'exterior boundary of the
proposed home. If no heartng Is requested,
the permit shall be granted tf the large
family day care home complies with the
provisions of thts code.
Any day care home must comp]y wtth all
regulations adopted and enforced by the State
Ftre Harshal and Orange County Fire
Department.
The play yard of the home must be enclosed by
a minimum stx-foot high fence setback from
the required front yard.
The Planning Commission shall not grant a
permtt for a ]arge family day care home for
any ]ocatton that has on the property a
swimming pool as deftned by Sectton 102 of
the Uniform Swimming Poo] Code, as adopted.
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Resolution go. 2408
Page Three
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Any day care home ,mst comply wtth the
provisions of the Stere Untfon. Butldtng Code
end City of Tusttn Butldtng requirements
vhtch apply to stngle faintly re.stdences.
Any large day care ho~-must prevtde one (1)
off-street parking space for each e,~loyee
vho ts not a re$tdent of the premises, and
provtde adequate drop-off and/or ptck-up
facilities on-stte or Immediately adjacent to
the stte es necessary to avotd Interference
vtth trafftc end to pro"rote the safety of
ch1 ldren.
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An applicant for a large day care home shall
be 11censed or deemed to be exempt from
11censure by the State of California as a
large f~.tly day care home;
llothtng contained tn the provisions of this
amendment 'shall preclude the revocation for
cause of any per,rit granted for a large
fanrily day.care home following proceedings
conducted bY the Planntng Comtsston to
determine tf ~td use ts opera~d ~n a ~nner
~t~mnUl te ~e heal~, nfety or welfa~
of ~e 'c~nt~ or surrounding properties.
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PASSED AND ADOP'rE:D et a
19 held off the ~day of
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re. meeting of the
· 1987. Tusttn Planntng Comtsston,
Chalrmn
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STA~ OF CALIFORNIA )
COUNTY OF ORANGE * )
C%TY OF ~'i'IN )
%, P[NN! FOLEY, the undersigned, hereby
Recording
Secretary of the?~.a.uPtn9 Commission of t~e Ct~y of Tus~ln, ~allfornta; that
Resolution No. ~ was duly passed a~,.~d~dopted at a.~'egular meettng of
the T_.us~tn Pl&nnt~ii~ton, held on the~fA- day of _~,
._ Recording Secretary
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ORDINANCE NO. 991
AN ORDINANCE OFTHE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING SECTION 9223a6 OF THE
TUSTIN MUNICIPAL CODE RELATING TO LARGE
FAMILY DAY CARE HOMES.
The City'Council of the City of Tustin does hereby ordain:
I. The City Council 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
requirements.
b)
That to ensure that the integrity of the
Single-Family Residential zone is maintained,
the City may establish applicable standards
for spacing and concentration, traffic
control, parking and noise control.
c)
That a Negative Declaration has been prepared
conforming with the California Environmental
Quality Act and is hereby approved.
II. The City Council hereby amends Section 9223a6 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 within a 100 foot radius of the
exterior property boundary of the proposed
day care home.
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Ordinance No. 991
Page Two
b)
c)
d)
e)
f)
g)
h)
Large family day care homes shall be operated
in a manner not exceeding the notse level tn
the Tust~n Noise Ordinance, nor shall such
day care homes be allowed to operate 1n a
manner that would constitute a nuisance to
nefghbortng properties. A day' care home
shall by design, location and layout avoid
'any potential notse whtch may constitute a
nuisance to neighboring properties.
A permit shall not be granted for a large day
care home that would be established within
300 feet of the extertor property boundaries
of any existing 11censed large family day
c&re home.
All property owners wtthtn a 100 foot radius
of the extertor property boundary of a
proposed large famtly day Care home, as shown
on the last equalized County assessment ro11,
shall be nottfted of the tntent to establish
such a home.
No hearing on the application for a permit
shal~ be held by the Planntng Commission
unless a hearing Is requested by the
applicant or a property owner wtthtn a 100
foot radius of the exterior boundary of the
proposed home. If no heartng Is requested,
the permit shall be granted if the large
famtly day care home complies with the
provisions of this code.
Any day care home must comply wtth all
regulations adopted and enforced by the State
Ftre Marshal and Orange County Fire
Oepartment.
The play yard of the home must be enclosed by
a nd ntmum six-foot high fence setback from
the required front yard.
The Planntng Commission shall not grant a
permit for a large family day care home for
any locatton that has on the property a
swtmmlng pool as deftned by Section 102 of
the Untform Swlmmtng Pool Code~ as adopted.
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Ordinance No. 991
Page Three .
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Any day care home must comply wtth the
provisions of the State Uniform Butldtng Code
and City of Tusttn Building requirements
which apply to single family residences.
Any large day care home must provide one (1)
off-street parking 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
children.
An applicant for a large family day care home
shall be 11censed or deemed to be exempt from
11censure by the State of California as a
large family day care home.
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 regular meeting of the Tustin City Council, held on
the~day of , lg8,.,,,.
Richard B. Edgar
Mayor
Mary E. Wynn
City Clerk