HomeMy WebLinkAboutORD 0991 (1987)8
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ORDINANCE NO. 991
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.
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)
c)
That to ensure that the integrity of the
Single-Family Residential zone is maintained,
the City may establilsh applicable standards
for spacing and concentration, traffic
control, parking and noise control.
That a Negative Declaration has been prepared
conforming wi th the Calt fornia Environmental
Quality Act and is hereby approved.
II.
The City Council hereby amends Section 9223a6 as follows'
"6. Large
twelve (12)
family day care homes", caring for seven (7) to
children, are subject to the following regulations'
a)
Prior to commencement of operation of any
large famtly day care home, the appl i cant 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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Oral1 nance No.
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b)
c)
d)
e)
f)
g)
h)
991
Large family day care homes shall be operated'
in a manner not exceeding the notse level 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. A day care home
shall by design, location and layout avoid
any potential noise which 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 exterior property boundaries
of any existing licensed large family day
c~re home.
All property owners within a 100 foot radius
of the exterior property boundary of a
proposed large family day care home, aso shown
on the last equalized County assessment roll,
shall be notified of the intent to establish
such a home.
No hearing on the application for a permit
shall be held by the Planning Commission
unless a hearing is requested by the
applicant or a property owner within a 100
foot radius of the exterior boundary of the
proposed home. If no hearing is requested,
the permit shall be granted if the large
family day care home complies with the
provistons of this code-.
Any day care home must comply with all
regulations adopted and enforced by the State
Fire Marshal and Orange County Fire
Department.
The play yard of the home must be enclosed by
a minimum six-foot high fence setback from
the required front yard.
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.
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Ordinance No. ~99].
Page Three
t)
Any day care home must comply wi th the
provisions of the State Uniform Building Code
and City of Tustin Building requirements
which apply to single family residences.
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
with traffic and to promote the safety of
chi 1 dren.
An applicant for a large family day care home
shall be licensed or deemed to be exempt from
ltcensure by the State of California as a
large family day care home.
l) Nothing contained in the provisions of this
· amendment shall preclude the revocation for
cause of any permit granted for a la'rge
family day care home following proceedings
conducted by the Planning Commission to
determine tf said use ts operated in a manner
detrimental to the health, safety or welfare
of the community or surrounding properties.
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PASSED AND ADOPTED at a regular meeting of the Tustin City Council,
the 3rd day of August, 1987
Mary E. W,,~Jn ~
City Clerq~
·
held on
l~ichard B. Edgar
Mayor
..
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §
CITY OF TUSTIN )
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number ol= the members of
the City Council of the City of Tustin is five; that the above and foregoing
Ordinance No. 991 was duly and regularly introduced and read at a regular meeting
of the City Council held on the 20~h day of J..u]x, 1987_, and was given -its second
reading and duly passed and adopted-at a regular meeting held on-the 3rd day of
, ~
August, 198/, by the fol lowing vote'
AYES · COUNCILPERSONS' Edgar, Hoesterey, Kelly, Kennedy, Prescott
NOES · COUNCILPERSONS' None
ABSENT' COUNCILPERSONS' None
MARY E. WYNNr~City Cler~(.~
City of Tusti~, California
Published Ordinance' August 13, 1987
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