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REL:nr <br />6-23-?7 <br /> <br />ORDINANCE NO. NS- 1373 <br /> <br />AN ORDINANCE OF THE CITY OF SANTA ANA WAIVING <br />THE FEE REQUIREMENTS PERTAINING TO APPLICATIONS <br />FOR VARIANCES, CONDITIONAL USE PERMITS, AND MINOR <br />EXCEPTIONS FILED BY NONPROFIT CHILD DAY CARE <br />FACILITIES IN OPERATION PRIOR TO MARCH 1, 1976 <br /> <br /> THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES <br />ORDAIN AS FOLLOWS: <br /> <br /> SECTION l: Any child day care facility which is <br />operated as a nonprofit association or nonprofit corporation <br />at a location within the City of Santa Ana in nonconformity <br />with the requirements of Chapter 41 of the Santa Ana Municipal <br />Code, and which was so operated at such location prior to <br />March l, 1976, may apply for any such variance, conditional <br />use permit, or minor exception as may be necessary to allow <br />the continued operation thereof at such location without <br />payment of any application fee otherwise imposed by said <br />chapter and the resolutions of the City Council adopted <br />pursuant thereto, provided such application is filed within <br />one hundred eighty (180) days after the date of final adoption <br />of this ordinance. Any such facility which has paid such an <br />application fee in the period since March l, 1976, shall be <br />granted a refund of the amount paid. Any appeal taken by <br />any party upon a decision on any such application shall <br />likewise be processed without payment of any fee. <br /> <br /> SECTION 2: <br />hereinabove set forth, <br />as follows: <br /> <br />In providing for the waiver of fees as <br />the City Council finds and declares <br /> <br /> a. That, prior to the effectuation of a discretion.- <br />ary fire inspection policy for care homes on or about March <br />l, 1976, several nonprofit child day care facilities were <br />initiated in nonconformity with the zoning laws of the City <br />of Santa Aha due to the failure of State and County licens- <br />ing procedures for care homes to give notice of City zoning <br />requirements to operators of such facilities. <br /> <br /> b. That nonprofit child day care facilities <br />perform an especially necessary service to the community by <br />promoting employment opportunities for parents of low-income <br />families who would otherwise be unable to afford substitute <br />care for their children during normal working hours. <br /> <br /> c. That the established filing fees for applicat- <br />ions for variances, conditional use permits, and minor <br />exceptions impose a financial hardship upon those nonprofit <br />child day care facilities initiated prior to March l, 1976, <br />in that such costs were not anticipated or budgeted by such <br />facilities, <br /> <br /> d. That it is fair and reasonable to allow those <br />nonprofit child day care facilities which were initiated <br />prior to March 1, 1976, in nonconformity with the City's <br />zoning laws to apply for and obtain a decision as to their <br />ability to continue in operation at the locations thereby <br />established without imposition of a fee for the processing <br />of such applications. <br /> <br /> <br />