HomeMy WebLinkAboutOrd. for Adoption #1 8-03-87DATE: JULY 28, 1987
TO: · WILLIAM A. HUSTON, CITY.MRNRGER
FROM: MARY E. WYNN, CITY CLERK
SUBJECT: LARGE FAMILY DAY CARE HOMES - ORDXNANCE NO. 991 - 2ND READING &
ADOPTION
RECOMI~NDATION:
M. 0. - That Ordinance No. 991 have second reading by title only.
M. O. - That Ordinance No. 991 be passed and adopted.
{Roll Call Vote}
AGENDA ITEM:
ORDINANCE NO. 9gI - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN AMENDING SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELATING
TO LARGE FAMILY DAY CARE HOMES.
BACKGROU ND:
Ordinance No. 991 had first reading by title only and introduction
after closing the public hearing at the July 20, 1987, City Council
meeting.
MARY E. WYNN, CITY CLERK
1 ORDINANCE NO. 991
2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN AMENDING SECTION 9223a6 OF THE
3 TUSTIN MUNICIPAL CODE RELATING TO LARGE
FAMILY DAY CARE HOMES.
5 The City Council of the City of Tustin does hereby ordain:
6 I. The City Council finds and determines as follows:
? a) That the State of California Health and
Safety Code Section 1S97.46 mandates that a
8 permit be granted for large family day care
homes if they comply with local standards and
9 requirements.
10 b) That to ensure that the integrity of the
Single-Family Residential zone is maintained,
1] the City may establish applicable standards
for spacing and concentration, traffic
12 control, parking and noise control.
13 c) That a Negative Declaration has been prepared
conforming with the California Environmental
14 Quality Act and is hereby approved.
15 II. The City Council hereby amends Section 9223a6 as follows:
.10 "6. Large family day care homes", caring for seven (7) to
twelve (12) children, are subject to the following regulations:
17
18 a) Prior to commencement of operation of any
large family day care home, the applicant for
a permit shall complete and submit an
19 application to the Community Development
Department. Information provided on the
20 permit shall include: Name of operator;
address of the home; and a list of property
21 owners within a 100 foot radius of the
exterior property boundary of the proposed
22 day care home.
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25
26
2?
Ordinance No. 99[
! Page Two
2
3 b) Large family day care homes shall be operated
in a manner not exceeding the noise level in
4 the Tusttn Noise Ordinance, nor shall such
day care homes be allowed to operate in a
5 manner that would constitute a nuisance to
neighboring properties. A day' care home
6 shall by design, location and layout avoid
any potential noise which may constitute a
? nuisance to neighboring properties.
8 c) A permit shall not be granted for a large day
care home that would be established within
9 300 feet of the exterior property boundaries
of any existing licensed large family day
10 c~re home.
1] d) All property owners within a 100 foot radius
of the exterior property boundary of a
12 proposed large family day care home, as shown
on the last equalized County assessment roll,
13 shall be notified of the intent to establish
such a home.
14 e) No hearing on the application for a permit
]5 shall be held by the Planning Commission
unless a hearing is requested by the
]G applicant or a property owner within a 100
foot radius of the exterior boundary of the
17 proposed home. If no hearing is requested,
the permit shall be granted if the large
18 family day care home complies with the
provisions of this code.
19 f) Any day care home must comply with all
regulations adopted and enforced by the State
20 Fire Marshal and Orange County Fire
21 Department.
22 g) The play yard of the home must be enclosed by
a minimum six-foot high fence setback from
the required front yard.
23
24 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
25! swimming pool as defined by Section 102 of
26i the Uniform Swimming Pool Code~ as adopted.
27
1_ Ordinance No. 991
Page Three
1) Any day care home must comply with the
4 provlslons of the State Untform Butldlng Code
and Ctty of Tusttn Butldtng requirements
5 which apply to single family residences.
6 J) 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
9 with traffic and to promote the safety of
chi 1 dren.
10
k) An applicant for a large family day care home
II shall be licensed or deemed to be exempt from
ltcensure by the State of California as a
12 large family day care home.
!3 1) Nothing contained in the provisions of this
amendment shall preclude the revocation for
14 cause of any permit granted for a large
family day care home following proceedings
15 conducted by the Planning Commission to
determine if said use is operated in a manner
1G detrimental to the health, safety or welfare
of the community or surrounding properties.
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18
PASSED AND ADOPTED at a regular meeting of the Tusttn City Council, held on
1.9 the ~ day of , 198 .
2O
21
Richard B. Edgar
Mayor
24 Mary E. Wynn
City Clerk
25
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