ORD-25-84 PERMITS LARGE FAMILY DAY CARE HOMES AS DEFINED BY CA HEALTH AND SAFETY CODE TO PERMIT CONDITIONAL USE PERMITSL_
ORDINANCE NO. 25-
84 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING THE ORANGE
MUNI-CIPAL CODE BY ADDING SUBSECTION G
TO SECTION 17.10.040 TO PERMIT LARGE
FAMILY DAY CARE HOMES AS DEFINED BY
CALIFORNIA HEALTH AND SAFETY CODE SECTION 1597.
35 IN THE Rl-6
SINGLE-FAMILY RESIDENTIAL DISTRICT THROUGH
APPROVAL BY CONDITIONAL USE PERMIT AND BY ADDING
SUBSECTION H TO SECTION 17.94.050 TO
PERMIT THE ZONING ADMINISTRATOR TO HEAR
AND DETERMINE SUCH
CONDITIONAL
USE PERMITS.RECITALS:After due public hearings as required by law,
the City Council of the City of Orange duly considered a resolution
of the Planning Commission, Resolution PC 23-84 and,
with the modifications described herein, approved said Planning
Commission Resolution permitting large family day care homes in residential districts
subject to approval by Conditional Use Permit. During the public
hearing before the City Council, the Council
found the following facts:1. That Senate Bill 163 amended sections of
the California Health and Safety Code requiring municipalities to provide
for large family day care homes on lots zoned to single-family
residences as of January 1,1984, by adopting one
of the following procedural options:A. Classify such homes as
permitted uses of residential property.B. Grant a non-discretionary
permit for such
homes based upon specific, reasonable standards.C. Require a potential operator of
any large family day care home to apply for a use
permit based upon specific, reasonable standards and subject to a hearing, if
requested (Health
and Safety Code Section 1597.46).2. That large family day care homes
are residences where 7 to 12 children are cared for on a
less than 24-hour per day basis.3. That the intent of
the legislation is to provide home settings for day care
located in neighborhoods close to family residences.The legislature has found
that the increase in working parents has increased the need for regulated
day care homes and that the licensing program should be
cost effective, streamlined, and simple to admin-ister in order to
ensure adequate care while
4. That on March19,
1984, the Planning commission recommended to the City Council that
the non-discretionary permit option be implemented into the Orange
Municipal Code.5. That on April
10, 1984, the City Council moved to require a use permit to be
granted by the Zoning Administrator including a process for a formal
hearing and appeal, if requested.6. That Senate Bill
163 allows only consideration of "reasonable standards, restrictions, and requirements
concerning spacing and concentration, traffic control, parking,
and noise control"relating to use permits
for large family day care homes (Health and Safety Code Section
1597.46(a)(3)).7. That Senate Bill
163 does not allow a hearing before a decision is made by the
Zoning Administrator unless "requested by the applicant or other affected
person" -- property owners within 100 feet of the exterior boundaries
of the proposed home must be notified by the Zoning Administrator
at least ten days prior to the decision date.8. That
staff has received
three neighborhood complaints regarding small day care homes
exceeding the maximum of six children That the City Council
has considered the foregoing facts and proposals by the
City staff and hereby proposes the hereinafter described amendments to Section
17.10.040 and 17.94.050 of the
Orange Municipal Code.9. That the County of
Orange licenses and monitors the child care of small and large family
day care homes under contract to the State.10. That all adults
residing
or working at any small or large family day care home are
investigated under state licensing pro-cedures for possible criminal records
and for health backgrounds.11. That approximately 75 licensed
small family day care homes (6 or less children) currently exist
in the City of Orange.12. That the City Council
has considered the foregoing facts and proposals by the City staff
and hereby proposes the hereinafter described amendments to Section 17.
10.040 and 17.94.050 of the Orange Municipal Code.NOW, THEREFORE,
THE CITY COUNCIL
OF THE CITY OF ORANGE DOES HEREBY ORDAIN AS FOLLOWS:SECTION
I:Section 17.10.
040 of
the Orange Municipal Code is hereby amended to add SUbsection G
to read as follows:G. Large day care homes,
as defined by California Health and Safety Code Section 1597.35,
if in compliance with all of the following standards:ORD. 25-84
2 -
1. No other licensed and permitted large family day care home
shall exist within 300 feet of the exterior property boundaries of
the proposed facility.
2. The Noise Ordinance of the Orange Municipal Code (Chapter 8)
shall be complied with at all times, and hours of outdoor play or
activities shall only be permitted between the hours of 8:00 a.m.
and 8:00 p.m.
3. TWo enclosed parking spaces must be maintained for parking
purposes only.
4. All owners of real property within 300 feet of the exterior
property boundaries of the proposed use, as indicated on the last
equalized assessment roll and the City Council, shall be notified
by the Zoning Administrator not less than 10 days prior to the
date on which the decision will be made on the application.
5. No hearing on the application for a permit issued pursuant to
this Section shall be held before a decision is made unless re-
quested by the applicant or other affected person, in writing,
prior to 3 p.m. of the decision date.
6. The applicant or other affected person may appeal the decision
on the application within fifteen (15) days of the decision. The
appellant shall pay the appeal cost at the time of the request.
SECTION II:
Section 17.94.050 of the Orange Municipal Code shall be
amended to add subsection H to read as follows:
H. Permit for large family day care homes subject to special
criteria and procedures set forth in Section 17.10.040 Subsection G.
SECTION III:
A summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted in the
Office of the City Clerk at least five (5) days prior to the City
Council meeting at which this Ordinance is to be adopted. A
summary of this Ordinance shall also be published once within
fifteen (15) days after this Ordinanceos passage in the Orange
City News, a newspaper of general circulation, published and
circulated in the City of Orange. The City Clerk shall post in
the Office of the City Clerk a certified copy of the full text of
such adopted Ordinance along with the names of those City Council
members voting for and against the Ordinance in accordance with
3 -ORD. 25-84
I
Government
Code Section 36933. This Ordinance shall take effect thirty (
30) days from and after the date of its final passage.ADOPTED
this 24th Attest:
City
Clerk of t e C' y of Orange STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange,California,
do hereby certify that the foregoing ordinance was introduced
at the regular meeting of the City Council held on the
17th day of July, 1984, and thereafter at a regular
meeting of said City Council duly held on the 24th day
of July ,1984 was duly passed and adopted by the following
vote, to wit:AYES:
COUNCILMEN: SMITH, BARRERA, MAYOR BEAM, PEREZ, BEYER NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: NONE WITNESS
my hand and seal this 25th day of July , 1984.lJlA/
I;~~ ~ ~O-H.J
Marilyn J. Jens
City Clerk of the City of Orange
ORD. 25-84 4 -I