4559ORDINANCE NO. 4559
AN ORDINANCE OF THE CITY OF ANAHEIM
ADDING AND AMENDING VARIOUS SUBSECTIONS,
SECTIONS AND CHAPTERS, AND ADDING NEW
CHAPTER 18.10, ALL TO TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE RELATING TO ZONING
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS
FOLLOWS:
SECTION 1.
That Section 18.01.070 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
adding new definitions of "Family Day Care," "Large Family Day
Care Home" and "Small Family Day Care Home" thereto, to be
inserted in proper alphabetical sequence and to read as follows:
"'Family Day Care.' Regularly provided care, protection
and supervision of 12 or fewer children, in the provider's
own home, for periods of less than 24 hours per day, while
the parents or guardians of such children are away. The term
'provider' as used herein means a person who operates a
family day care home and is licensed or registered pursuant
to the provisions of Chapter 3.6 of Division 2 (commencing
with Section 1597.30) of the Health and Safety Code of the
State of California.
'Family Day Care Home, Large.' A home, located in a
single-family dwelling in a residential zone, which provides
family day care to seven to 12 children, inclusive, including
children who reside at the home, as defined in regulations of
the State Department of Social Services, and meeting the
criteria and standards set forth in Section 18.04.140 of this
Code.
'Family Day Care Home, Small.' A home, located in a
single-family dwelling in a residential zone, which provides
family day care to six or fewer children, including children
who reside at the home, as defined in regulations of the
State Department of Social Services."
SECTION 2.
That Section 18.01.040 of Chapter 18.01 of Title 18 of
the Anaheim Municipal Code be, and the same is hereby, amended by
adding a new definition of "Child Day Care Centers, Preschools
and Nurseries" thereto, to be inserted in proper alphabetical
sequence and to read as follows:
"'Child Day Care Centers, Preschools and Nurseries.' An
establishment or home other than a Large Family Day Care
Home or Small Family Day Care Home as defined in this Code)
which provides care, protection and supervision to children,
for periods of less than 24 hours per day, while the parents
or guardians of such children are away."
SECTION 3.
That new Section 18.04.140 be, and the same is hereby,
added to Chapter 18.04 of Title 18 of the Anaheim Municipal Code
to read as follows:
"18.04.140 LARGE FAMILY DAY CARE HOME CRITERIA AND
STANDARDS
No Large Family Day Care Home shall be
located, operated or maintained by any person or entity
within the City of Anaheim except in compliance with all
of the following provisions:
.010 Such use is conducted within a
single-family dwelling located in a residential zone of
the City.
.020 An Administrative Use Permit
has been obtained and is in effect for such use as
provided in Chapter 18.10 of this Code.
.030 Such use and dwelling unit
shall comply with all site development standards,
including sign limitations, for the residential zone in
which located. No signs advertising or identifying the
day care use shall be permitted.
.040 Such use shall be located not
closer than 600 feet from any other Large Family Day
Care Home, Child Day Care Center, Preschool or Nursery
as measured at the closest points of the parcels whereon
said uses are conducted.
.050 If the use is located on a
parcel abutting, or having access upon, an arterial
highway as designated on the Circulation Element of the
Anaheim General Plan, an on-site vehicle loading and
unloading area for children shall be provided; if the
proposed location is not on a parcel abutting, or having
access upon an arterial highway, at least one on -street
or off-street loading space shall be provided. Any
off-street loading space so provided shall conform to
the requirements of Chapter 18.06 of this Code. Any
on -street loading space so provided shall be designated
and maintained as such by such means as approved or
required by the City Traffic Engineer.
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.060 One (1) off-street parking
space shall be provided for each employee or worker.
Off-street parking spaces provided for the dwelling unit
may be counted toward satisfaction of this requirement.
.-- .070 Such use shall be limited to
between the hours of 6:00 A.M. and 7:00 P.M. daily.
.080 All children shall be kept
inside the home before 8:00 A.M. of each day."
.090 A business license from the
City of Anaheim is obtained and maintained in effect for
such use.
SECTION 4.
That Section 18.21.030.035 of Chapter 18.21; Section
18.22.030.035 of Chapter 18.22; Section 18.23.030.035 of Chapter
18.23; Section 18.24.030.35 of Chapter 18.24; Section
18.25.030.025 of Chapter 18.25; Section 18.26.030.035 of Chapter
18.26; Section 18.27.030.025 of Chapter 18.27; Section
18.31.030.025 of Chapter 18.31; Section 18.32.030.025 of Chapter
18.32; and Section 18.34.030.025 of Chapter 18.34, all of Title
18 of the Anaheim Municipal Code, be, and the same are hereby,
amended to read as follows:
"Small Family Day Care Homes as defined in Section
18.01.070 of this Code."
SECTION 5.
That new Section 18.21.030.036 of Chapter 18.21; Section
18.22.030.036 of Chapter 18.22; Section 18.23.030.036 of Chapter
18.23; Section 18.24.030.036 of Chapter 18.24; Section
18.25.030.026 of Chapter 18.25; Section 18.26.030.036 of Chapter
"- 18.26; Section 18.27.030.026 of Chapter 18.27; Section
18.31.030.026 of Chapter 18.31; Section 18.32.030.026 of Chapter
18.32; and Section 18.34.030.026 of Chapter 18.34 be, and the
same are hereby, added to Title 18 of the Anaheim Municipal Code
to read as follows:
"Large Family Day Care Homes as defined in Section
18.01.070 of this Code provided an Administrative Use Permit
is obtained as provided in Chapter 18.10 hereof."
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SECTION 6.
That Section 18.21.050.105 of Chapter 18.21; Section
18.22.050.030 of Chapter 18.22; Section 18.23.050.020 of Chapter
18.23; Section 18.24.050.020 of Chapter 18.24; Section
18.25.050.020 of Chapter 18.25; Section 18.26.050.020 of Chapter
18.26; Section 18.27.050.020 of Chapter 18.27; Section
18.31.050.020 of Chapter 18.31; Section 18.32.050.020 of Chapter
18.32; and Section 18.34.050.030 of Chapter 18.34, all of Title
18 of the Anaheim Municipal Code, be, and the same are hereby,
amended to read as follows:
"Child Day Care Centers, Preschools and Nurseries as
defined in Section 18.01.040 of this Code."
SECTION 7.
That new Chapter 18.10 be, and the same is hereby, added
to Title 18 of the Anaheim Municipal Code to read as follows:
"CHAPTER 18.10
ADMINISTRATIVE USE PERMITS
18.10.010 PURPOSE.
It is the purpose of this Chapter to establish a
procedure for the issuance of administrative use permits by the
Planning Director, or his authorized designee, for certain use of
property for which criteria and standards have been established
by this Code and where applicable provisions of State law require
the nondiscretionary issuance of a use permit for any such use of
property which complies with the criteria and standards
established therefor.
18.10.020 APPLICATION.
The right to apply for an administrative use permit
shall be limited to property owners or their authorized agents
for property located in a zone and for a use for which an
administrative use permit is expressly required by this Code.
application for an administrative use permit shall be limited
those certain uses for which an administrative use permit is
required by the zoning regulations for the zone in which said
property is located. Said application shall be accompanied by
filing fee in such amount as established by Resolution of the
City Council.
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18.10.030 JURISDICTION.
"An application for an administrative use permit shall
be considered and acted upon by the Planning Director. The
Planning Director shall give notice of said application as
provided in Section 18.10.040 hereof within twenty (20) days
following the date said application is accepted by the City as
complete. Any act required to be performed by the Planning
Director by any provision of this Chapter may be performed by the
Planning Director or his authorized designee if any.
18.10.040 PUBLIC NOTICE.
.010 "Not less than ten (10) days
prior to the date on which the decision will be made on
the application, notice of the proposed use shall be
given by mail or delivery to all owners shown on the
latest equalized assessment roll as owning real property
within a 300 foot radius of the exterior boundaries of
the property upon which the use is proposed. Said
notice shall be deemed given upon the date of deposit in
the course of transmission with the United States Postal
Service, postage prepaid, or the date of personal
delivery.
.020 Upon expiration of the notice
period the Planning Director shall first determine if a
hearing has been requested. If no hearing has been
requested, the Planning Director shall take action upon
said application without hearing. If such a hearing is
requested by the applicant or other affected person,
notice of the time and place of such hearing shall be
given by mail or personal service to those persons to
whom public notice was required to be given pursuant to
Subsection .010 above. Such notice shall be deposited
in the course of transmission with the United States
Postal Service, postage prepaid, or personally served
not less than ten (10) days prior to the date of such
hearing.
.030 Failure of any person to
receive any notice required by any provision of this
Chapter shall not affect the validity of any action
taken pursuant to this Chapter.
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18.10.050 NOTICE OF DECISION AND APPEALS.
Notice of the decision of the Planning Director shall be
given in writing, by mail or personal service, to the applicant
and any other persons to whom notice of the proposed use was
required to be given pursuant to Subsection .020 of Section
18.10.040 hereof. The applicant or any affected person may
appeal the decision of the Planning Director by filing a written
notice of appeal with the City Clerk, or a member of the City
Council may request review of such decision, within twenty-two
(22) days following the date of such decision. Any such appeal
(other than a request for review by a member of the City Council)
shall be accepted for filing only if accompanied by a filing fee
in an amount as established by Resolution of the City Council.
Upon the filing of a timely appeal or request for review as
herein provided, such application shall be set for hearing before
the City Council and thereafter processed in the same time and
manner as established for appeals of conditional use permits
pursuant to Chapter 18.03 of this Code.
18.10.060 FINDINGS.
The Planning Director, or the City Council on appeal,
shall grant an administrative use permit if it is found that:
.010 The use and building comply
with the applicable site development standards of the
zone in which the property is located; and
.020 The use complies with all of
the criteria and standards established for such use
pursuant to any applicable provisions of this Code.
An administrative use permit shall be denied only if it
is found that the proposed use does not meet the criteria set
forth in either subsections .010 or .020 above.
18.10.070 REVOCATION.
Any permit issued pursuant to the provisions of this
Chapter may be revoked by the City Council in accordance with the
procedures set forth in Section 18.03.091 of this Code if it is
found that:
.010 The use is being conducted in
violation of any applicable site development standards
of the zone in which the property is located; or
.020 The use is being conducted in
violation of any criteria or standards established for
such use pursuant to any applicable provisions of this
Code."
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SECTION 8. SEVERABILITY
The City Council of the City of Anaheim hereby declares that
should any section, paragraph, sentence or word of this
Ordinance, hereby adopted, be declared for any reason to be
invalid, it is the intent of the Council that it would have
passed all other portions of this ordinance independent of the
elimination herefrom of any such portion as may be declared
invalid.
SECTION 9.
SAVINGS CLAUSE.
Neither the adoption of this ordinance nor the repeal of
any other ordinance of this City shall in any manner affect the
prosecution for violations of ordinances, which violations were
committed prior to the effective date hereof, nor be construed as
a waiver of any license or penalty or the penal provisions
applicable to any violation thereof. The provisions of this
ordinance, insofar as they are substantially the same as
ordinance provisions previously adopted by the City relating to
the same subject matter, shall be construed as restatements and
continuations, and not as new enactments.
SECTION 10. CERTIFICATION.
The City Clerk shall certify to the passage of this
ordinance and shall cause the same to be printed once within
fifteen (15) days after its adoption in the Anaheim Bulletin, a
newspaper of general circulation, published and circulated in
said City, and Thirty (30) days from and after its final passage,
it shall take effect and be in full force.
THE FOREGOING ORDINANCE is approved and adopted by the
City Council of the City of Anaheim this 11th day of December, 1984.
MAYOR OF THE CITY F ANA IM
ATTEST:
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CITY CLERK OF THE CITY OF ANAHEIM
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing Ordinance No. 4559 was introduced at a regular meeting of the
City Council of the City of Anaheim, held on the 4th day of December, 1984,
and that the same was duly passed and adopted at a regular meeting of said
City Council held on the 11th day of December, 1984, by the following vote of
the members thereof:
AYES: COUNCIL MEMBERS: Kaywood, Bay, Pickler, Overholt, and Roth
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said
Ordinance No. 4559 on the 11th day of December, 1984.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal
of the City of Anaheim this 11th day of December, 1984.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original Ordinance No. 4559 and was published once in the
Anaheim Bulletin on the 21st day of December, 1984.
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CITY CLERK