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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. -2- .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." -3- 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. -4- An to A 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. -5- 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." M:� 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: --X� rx- CITY CLERK OF THE CITY OF ANAHEIM JL'W: kh 1507U 100484 -7- 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. ,--4, 2,g4, � C CITY CLERK