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HomeMy WebLinkAboutORD 0911 (1984) · ORDINANCE NO. 911 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF I TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE ALLOWING LARGE FAMILY DAY 9. CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1) The City Council of the City of Tustin does hereby ORDAIN as 4 follows: B I. Section 9221a of the Tustin City Code is hereby amended by adding the following: 6 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.) 8 II. Section 9222a of the Tustin City Code is hereby amended 9 by adding the following: 10 4. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained in 11 the R-1 District Regulations (Section 9223a.6.). 19. III. Section 9223a of the Tustin City Code is hereby amended by adding the following: 6. Large Family Day Care Homes, caring for seven to 14 twelve children subject to the following regulations: 15 a. Prior to commencement of operation of any Large Family Day Care Home, the applicant for a permit 10 shall complete and submit an application to the Community Development Department. Informati on 17 provided on the permit shall include: name of operator; address of the home; and a list of 18 property owners within 100 feet of the proposed day care home. 19 b. Large family day care homes shall be operated in 20 a manner not exceeding the noise levels in the Tustin Noise Ordinance, nor shall such day care 21 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 93 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 25 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 27 received from any property owner within 100 feet 28 Ordinance No. Page 2 of the proposed home, a hearing shall be conducted 2 by the Planning Commission. Based on testimony presented during the hearing pertaining to noise, 3 traffic, parking, concentration or spacing of such homes, the Planning Commission shall approve or I deny the request for a large family day care home. 5 f. Any day care home must comply with all regulations adopted and enforced by the State Fire Marshal and 6 Orange County Fire Department. 7 g. The rear yard of the home must be enclosed by a minimum six-foot (6') high fence. 8 h. The Planning Commission shall not grant a permit 9 for a Large Family Day Care Home for any location that has on the property a swimming pool as 10 defined by Section 102 of the Uniform Swimming 11 Pool Code, as adopted. i. Nothing contained in the provisions of this 12 amendment shall preclude the revocation for cause of any permit granted for a large family day care 13 home fol 1 owl ng proceedings conducted by the Planning Commission to determine if said use is 11 operated in a manner detrimental to the health, safety or welfare of the community or surrounding 15 property. 16 IV. Section 9224b of the Tustin City Code is hereby amended by adding the following: 12. Large Family Day Care Homes, caring for seven to 18 twelve children subject to the standards contained in the R-1 District regulations {Section 9223a.6.). 19 V. Section 9228a of the Tustin City Code is hereby amended 20 by adding the following: 2l 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.). I)3 VI. Section 9244d of the Tustin City Code is hereby amended by adding the following: ~Z5 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 26 land uses, subject to the standards contained in the R-1 District regulations {Section 9223a.6.). Ordinance No. 911 Page 3 I VII. Section 9297 Definitions of the Tustin City Code is 2 hereby amended by adding the following: 3 "Large Family Day Care Home" means a family dwelling' unit, non-institutional in character, properly licensed I by the County of Orange, which provides day care only, for a maximum of twelve (12) children ages 18 years or 5 younger, including the licensee's own children under the age of 12. 6 VIII. A Negative Declaration for Zoning Ordinance Amendment 7 No. 84-1 is hereby approved in conformance with the requirements of the California Environmental Quality 8 Act. 9 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 21st day of May , 1984. 10 12 . ACTING MAYOR' 13 ATTEST: 16 .' :.~..C~Y:'CLERK STATE OF CALIFORN[A) ]8 COUNTY OF ORANGE ) ~ CITY OF TUSTIN ) ]9 HARY E. ~YNN, Cit~ Clerk and ex-officio Clerk of the C~t~ Council of the 20 C~t~ of Tust~n, California, does hereb~ cert~f~ that the ~hole numbe~ of the 2] members of the C~t~ Council of the Cit~ of Tustin ~s five~ that the above and foregoing O~d~nance No. 911 ~as dul~ and regula~l~ ~nt~oduced and ~ead 22 at an ad3ou~ned regular ~et~ng of the C~t~ Council held on the 7th da~ of Na~, 1984, and was g~ven its second reading and dul~ passed and adopted at a 23 regula~ ~et~ng held on the Zlst da~ of Ha~,1984, b~ the following vote: 2~ AYES : COUNCILPERSONS: Edgar, Hoeste~e~, Salta~el 1 NOES : COUNC [LPERSONS: None 25 ABSENT: COUNCILPERSONS: 6re~ nke, Kenned~ City of TustinE Ca~l~{orn~a 28 SUMMARY PUBLISHED IN TUSTIN NEWS: May 31, 1984