The URL can be used to link to this page

Home My Public Portal AboutOrd. 1383,. ~ _ ~ _ _ ORDINANCE NO. 1383 - - - - AN ORDINANCE OF THE. CITY COUNCIL OF THE CITY OF - LYNWOOD, CALIFORNIA,, .AMENDING CHAPTER.4_AND _ ..~..~ . ` CHAPTER 25, OF THE LYNWOOD MUNICIPAL CODE AND ZONING REGULATIONS WITH RESPECT TO REGULATING _ FAMILY DAY CARE .HOME STANDARDS. THE. CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY .FIND, DETERMINE AND ORDAIN AS FOLLOWS: SECTION 1. Chapter 4, Section 4-8.8h.2 is added to the Lynwood Municipal Code to read as follows: 2. The regulatory filing fee for a Large Family Day Care center. shall cover the costs_of review and administrative - - ~--proce~s-sing--but-s°h=a-1-1-not--exce-ed--an--amount"~~o'f~0n-e~~'Hundred~ - --~"`~ Dollars _.0100.00) . SECTION 2. Chapter 4, Section 4-22 of the Lynwood Municipal Code is hereby amended to read as follows: 4-22 HOME OCCUPATIONS 4-22.1 Scope. The provisions of this section shall govern the procedure for obtaining, suspending and revoking a home occupation permit required by subsection 4-8.8h. (Code 1972 §17-91) 4-22..2 Permit Application. Any person proposing to manage, conduct or-carry on any business within the home at any location shall file a written application for a license with the City. License Collector on forms prepared and provided the applicant by the License Collector. The applicant shall answer fully 'and freely all questions contained in the form on-the - application stating fully the type of business.to be conducted, __ _.,.-;~.-^-tY1,.eC. C_Y:rO~L1nC~ ~fer~-then-..~ -L ~ .' - La~ 3!n".=~3I2Ci-g-al::t::~-...` ci 1eC1 ~3 it :~",~ (- - OCIe ^ --_ _.._ _" y 1972.§17-92) 4-22.3 Filinq Fee. The filing fee for a home occupation permit shall be as prescribed in subsect-ion 4-8.8h. (Code 1972 §17-93) 4-22..4 Notice of Filing of Application to Surrounding Property Owners. The License Collected shall mail a notice of a .pending home occupation application to the residents or property owners within a radius of one hundred and fifty (150') feet.of the location of the proposed business, except that for a family da care home the License Collector shall mail a notice. of a pending home occupation application to the residents or property n~anars ~.~i th i n a earl i nc of nnc hnnr7rcrl f 1 !ln ~ 1 food- ~.~ ~H~ a. The type of business proposed to be conducted; , and the following: . - , -- -.~,~"~~~ W.V:..<--~_. - ~ - '--'~"` b : "-- -"Unless wrtteri~V obj ection is filed . at my off ice within ten (10) calendar days from the date this notice was mailed, provided the applicant is otherwise qualified by law and ordinance, I shall issue a home occupation permit to the - applicant." An answer by you on the reply notice i.e., postcard attached sha-11 state: -"I ** object to the proposed business, ** and 3 recognize that the receipt of this card within the ten . (10) day period ~ the License Collector's office shall constitute sufficient notice of objection." (Code 197.2 §17-94 and H&S Code.§1597.46(a).) f:\planning\ordnance\zoal8cc 1 _. ~~._ .~_. ~e~. __. ~~ ... n . .. ,. S SECTION 3. Chapter 4, Section 4-22.5 shall be amended to read follows: 4.22.5 Planning Commission Hearing on Application _ [ipon Objection~of Property Owners. a. If an objection has been filed in the office of the License Collector pursuant to paragraph b. of subsection 4- 22.4, the License Collector shall notify the Secretary of the Planning Commission in writing. The application for a home occupation permit shall then be set for. public hearing by the secretary of the Planning Commission, the date. of the first of which hearing shall not be less than fifteen {15) days not more than fifty (50) days from the date of the filing of the notice by the License Collector with the Secretary of the Planning Commission that an objection has been filed. b. Notice of the time and place of the hearing pursuant to .paragraph a. shall be given to the applicant and to the objector by the. secretary of the Planning Commission by registered or certified mail at least ten (10) days prior to the date set for the hearing. No other or additional notice shall be required unless otherwise directed by the Planning Commission. c. .The decision of the Planning Commission after a hearing as .provided in paragraph a. shall be final, except that family day care homes. shall have the right to appeal a home occupation permit denial by the Planning Commission. to the City Council. SECTION 4. Chapter 4, section 4-22.7(g) of the Lynwood Municipal Code shall be amended to read as follows: 4-22.7 q. No use will be permitted which by reason of color, design, materials, construction, lighting, .signs, sounds, noises_vor vi.b?-a_ti._or~-~i_ncv.=..ci~:er~t -=~,;,~t° h- Svc-~se-=E-1-~ement=o`=f='~he=`~ `~`~=~"~= General Plan alters the residential character of the premises or which unreasonably disturbs the peace and quite of any neighbor. SECTION 5. Lynwood Municipal 4-22.7 1 not be applicable SECTION 6. Zoning code shall Chapter 4, Section 4-22.7(1) is added to the Code to read as follows: Sections 4-22.7(b), (c), (f) and (h) shall to Family Day Care Homes. Chapter 25, Section 25-4.2 C.12 of the Lynwood be amended to read as follows: Zones R-1 R-2 R-3 12. Large family day care homes. P P P Large family day care homes shall be allowed in all residential zones as accessory uses provided that.: _ _ _ {a) The use complies with the home occupation provisions of Section 4-22, et seq., of the Lynwood Municipal Code, except that employees shall be allowed, if required by state law for the age of children cared for; and the use-may not occupy less than four. hundred (400) square feet of floor space. (b) The applicant shall take. steps to mitigate any adverse effect on the. neighborhood due to pedestrian or vehicular traffic, such as staggering children's drop-offs, maintaining driveways unobstructed, and turning off idle engines. f:\planning~ordnance~zoal8cc 2 __ o . _..- a... _ _ (d) prevent adverse effects upon. the neighborhood. , (e) The applicant is duly licensed by the State of California. to conduct this use. ' (f) No advertisincs or signs shall be displayed on the_ preen-ses- SECTION 7. Chapter 25, Section 25-4.2 C.13 of the Lynwood " Municipal code shall be amended to read as follows: 13. "Large family day care home" shall mean a home which provides family day care to seven (7) to twelve (12) children, inclusive., including children under. the ..age of 10 vaarc Cahn. racir7a at t-ha hnma_ ~'~mal l fami lv t9av rare hnma~~ children, including children under the age of 10 years. who. reside at the home. In the multiple-family dwelling .units, a maximum of six (6Z children shall be permitted, including children under ten 10 years of age who reside on the premises. SECTION 8. SEVERABILITY. Lf any section, subsection subdivision, sentence, clause, phrase or portion of this ordinance, or the application thereof, to any person or place, is for any reason held to be invalid or unconstitutional by the decision of any court or competent jurisdiction, such decision shall not affect the~_vali;di.ty~~c~,f. _the.~remai.n;i-ng -For--ti:.:-is,---of--~u:z~s-.- .-~ ---~--= -- ..~.~ -- - -- -_ ~- - .~.~ ._ .~.._._ _ ._... ~. e ordinance or its application to other persons or places, The City Council hereby declares that it would have adopted this ordinance, and each section, subsection,. subdivision, sentence, K clause, phase,"or portion thereof, irrespective of the fact that. any one or more sections, subsection, sentences, clauses, phrases or portions or the application thereof to any person or place, be declared invalid or unconstitutional. SECTION 9. The City Clerk is hereby ordered and directed to certify to.the passage of this ordinance and to cause the same to be published in the Lynwood Press, a newspaper of general circulation printed, published, and circulated in .the City of Lynwood. _ ._ - _. _ __ Y_r -- -~-1-i~TkO,ti'c;C-E`D~'t`h'is.._~~ 15th _..~,..,~-day.~of`~ December -~.---- _ ._ ~ .~_ ~--- _ 1992: PASSED, APPROVED and ADOPTED this __5th day of :January , 1993~"~. ---- r._--- ~ ~- P_~UL.~RICH~'-r~C ", MAYOR City~of-Lynwood f:\planning~ordnance\zoa18cc 3 ._ _/~f~= ~,/ ~ - ., ' •' .. .~ ATTEST: ~~~ ANDREA-L. HOOPER, City Clerk City of Lynwood STATE OF .CALIFORNIA ) )' ss. COUNTY OF LOS ANGELES ) I, ANDREA HOOPER, City Clerk of the City of Lynwood, California, do hereby certify that the foregoing ORDINANCE NO. ~,~._~~. _.~-._,~~:~g~ .~-__._-~was__dul.v_~pasasedr and_..adont_ed,_by _the- 'sai.d.~Cay~Council,_~~~.:T.._..,u, ,~~,.~. approved and signed by the mayor of said City, and attested by ", the City Clerk of said City, all at a regular meeting.of,the said Council held on the ~.~ day of Janiaar~ 199`_3 and that the, same was~so passed and adopted by the fog blowing vote: AYES: COUNCILMEMBER BYRD, HEINE, REA, RICHARDS NOES : NONE ABSENT: COUNC'ILMEMBER WELLS ' NOT VOTING: Witness myi.hand and the. seal of said City the 5th day of January , 199,`3?. ~a, _ . _._ _ . . Andrea Hooper, City Clerk City of Lynwood f:\planning\ordnance\zoa18cc APPROVED AS TO FORM: ~~/ H S. Barbosa 'Attorney 4 APPROVED AS TO CONTENT: