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HomeMy WebLinkAboutORD FOR ADOPTION 05-21-84 (3)ORDIN .CES FOR ADOPTION NO. 3 5-21-84 AGENDA ITEM: ORDINANCE NO. 91! - An Ordinance of the City Council of the City of Tustin, California, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1) BACKGROUND: Ordinance No. 911 had first reading by titly only and introduction at the May 7, 1984, City Council meeting. RECO)~4ENDATION: M. O. - That Ordinance No. 911 have second reading by title only. M. O. - That Ordinance No. 911 be passed and adopted. (Roll Call Vote) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 The City fol lows: II. III. ORDINANCE NO. 911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1) Council of the City of Tustin does hereby ORDAIN as Section 9221a of the Tustin City Code is hereby amended by adding the following: 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 of the Tustin City Code is hereby amended by adding the following: 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 of the Tustin City Code is hereby amended by adding the following: 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 Co,,,,unity 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 proper~ owner within 100 feet 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Ordinance No. 9. Page 2 IV. Ve VI. 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 must be enclosed by a minimum six-foot (6') high fence. 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. 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. Section g224b of the Tustin City Code is hereby amended by adding the following: 12. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained in the R-1 District regulations (Section g223a.6.). Section 9228a of the Tusttn City Code is hereby amended by adding the following: 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 of the Tustin City Code is hereby amended by adding the following: 5. Large Family Day Care Homes, caring for seven to twelve children shall be allowed as permitted 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.). 1 2 3 '4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. ~ Page 3 VII. Section 9297 Definitions of the Tustin City Code is hereby amended by adding the following: "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. VIII. A Negative Declaration for Zoning Ordinance Amendment No. 84-1 is hereby approved in conformance with the requirements of the California Environmental Quality Act. PASSED .AND ADOPTED at a regular meeting of the Tustin City Council held on the day of , 1984. ATTEST: Ursula E. Kennedy, Mayor Mary E. Wynn City Clerk