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HomeMy WebLinkAboutNS-1373REL:nr 6-23-?7 ORDINANCE NO. NS- 1373 AN ORDINANCE OF THE CITY OF SANTA ANA WAIVING THE FEE REQUIREMENTS PERTAINING TO APPLICATIONS FOR VARIANCES, CONDITIONAL USE PERMITS, AND MINOR EXCEPTIONS FILED BY NONPROFIT CHILD DAY CARE FACILITIES IN OPERATION PRIOR TO MARCH 1, 1976 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION l: Any child day care facility which is operated as a nonprofit association or nonprofit corporation at a location within the City of Santa Ana in nonconformity with the requirements of Chapter 41 of the Santa Ana Municipal Code, and which was so operated at such location prior to March l, 1976, may apply for any such variance, conditional use permit, or minor exception as may be necessary to allow the continued operation thereof at such location without payment of any application fee otherwise imposed by said chapter and the resolutions of the City Council adopted pursuant thereto, provided such application is filed within one hundred eighty (180) days after the date of final adoption of this ordinance. Any such facility which has paid such an application fee in the period since March l, 1976, shall be granted a refund of the amount paid. Any appeal taken by any party upon a decision on any such application shall likewise be processed without payment of any fee. SECTION 2: hereinabove set forth, as follows: In providing for the waiver of fees as the City Council finds and declares a. That, prior to the effectuation of a discretion.- ary fire inspection policy for care homes on or about March l, 1976, several nonprofit child day care facilities were initiated in nonconformity with the zoning laws of the City of Santa Aha due to the failure of State and County licens- ing procedures for care homes to give notice of City zoning requirements to operators of such facilities. b. That nonprofit child day care facilities perform an especially necessary service to the community by promoting employment opportunities for parents of low-income families who would otherwise be unable to afford substitute care for their children during normal working hours. c. That the established filing fees for applicat- ions for variances, conditional use permits, and minor exceptions impose a financial hardship upon those nonprofit child day care facilities initiated prior to March l, 1976, in that such costs were not anticipated or budgeted by such facilities, d. That it is fair and reasonable to allow those nonprofit child day care facilities which were initiated prior to March 1, 1976, in nonconformity with the City's zoning laws to apply for and obtain a decision as to their ability to continue in operation at the locations thereby established without imposition of a fee for the processing of such applications. ORDINANCE NO.NS-1373 PAGE TWO by the ATTEST: ADOPTED, this following vote: AYES: NOES: ABSENT: FLOR~-NCE ~. MALOI, E Sth COUNCILMEN: COUNCILMEN: day of July , 1977, Ward, Garthe, Bricken, Ortiz, Yamamoto, Evans, Brandt None COUNCILMEN: None MAYOR CL~I~( O'F THE COU~-CIL ~ ~ APPROVED AS TO FORM: KEITH L. GOW CITY ATTORNEY