HomeMy WebLinkAboutPH 2 LG FAM DAY CARE 05-07-84 PUBLIC HEARING -
NO. 2 '
TO: Honorable Mayor & Members of the City Council
Community Development Department
Zoning Ordinance Amendment No. 84-1 Ordinance No, 911
Large Family Day Care Homes
SU~J (CT:
Background
Effective January 1, 1984, Senate Bill No. 163 became law, implementing new
legislatiqn to specifically regulate the placement and operation of large family
day care homes (seven to twelve children). . Similar in nature to previous
legislation pre-empting local control of small day care homes (six or fewer
children), SB 163 virtually pre-empts local control of large family day care
homes established in single-family residential neighborhoods. In summary, the
law requires cities to grant non-discretionary permits if large family day care
homes can meet established guidelines and regulations adopted by the city. The
City may only establish reasonable regulations for placement of large family
homes to avoid overconcentration or to prohibit adverse, impacts such as nofse
upon surrounding properties.
Di scussi on
Pursuant to State law, City staff prepared a proposed ordinance, in cooperation
with local day care home owners, and presented Resolution No. 2140 to the
Planning Commission on March 26, 1984. Unfortunately, due to the ambiguous
language of SB 163, there was considerable disagreement as to precisely what
authority a city has to regulate such homes. The Planning Commission continued
consideration of staff's proposal to their meeting on April 9, 1984 where
Resolution 2140 was significantly amended to satisfy both Commission, staff and
day care home owner concerns.
Ordinance No. 911, attached hereto, reflects final recommendations by the
Planning Commission in Resolution No. 2140. It amends all the residential
single-family zones, as required by State law, to permit large family day care
homes subject to specific provisions. In summary, to establish a large family
day care home the following requirements must be satisfied:
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.
Zoning Ordinance Amendment No. 84-1 - Large Family Day Care Homes
May 7, 1984
Page 2
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 family 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 t~stimony
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 ail 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-foo~ (6') high fence. 'Additionally, swimming pools
must be separated .from all play areas by a five-foot (5') high
fence.
h. 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.
In addition to the aforementioned criteria, the following specific definition is
proposed to be included within the City Code reflecting State law:
"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.
Community Development Department
Zoning Ordinance Amendment No. 84-i - Large Family Day Care Homes
May 7, 1984
Page 3
At this time, it appears owners of d~ care homes, Ci~ staff and the Planning
Commission are in agreement concerning regulation of large family day care
hems. Staff believes it has addressed the concerns of all parties yet proposed
adequate safeguards to protect the health, safe~, welfare and property values
of our single-family neighborhoods.
Reco~ndation
That the Ci~ Council, by Minute Order, take the following actions:
First reading of Ordinance No. 911 ~ title only.
Introduction of Ordinance No. 911.
Director of Community Development
Attachmnt: Ordinance No. 911
Community Development Department
1
3
4
5
6
7
8
9
~0
11
13
15
16
17
~18
19
20
25
26
27
28
The City
follows:
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
CAREHOMES 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:
ae
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.
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.
Ce
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.
de
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.
ee
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
Ordinance No ~11
Page 2
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
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 fence
Additionally, swimming pools must be separated
from all play areas by a five-foot (5') high
fence.
h. Nothing contained in the provisions of this
amendment shall pPeclude 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.
IV.
Section 9224b of the Tustln 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 9223a.6.).
Vo
Section 9228a 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.).
VI. 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.).
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.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
9.5
26
27
28
Ordinance No. 911
Page 3
VII.
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