HomeMy WebLinkAboutAgenda Statement 1973/09/04 Item 13 Item No. 13
September 4, 1973
Ordinance No. 1494 AGENDA ITEPI \0. [ 13 ]
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CHULA VISTA CIT1' COW, CIL MEET NG OF: SEPTEMBER 4, 1973
ITEht TITLE: prdinance No. 1494 - Amending Sections 33.502, 33.503, 33.505, 33.506
and 33. 1401 of the City Code relating to foster homes, family
day care homes and day nurseries - Second reading and adoption
INITIATED BY: Director of Planning
BACKGROUND
After hearing� testimony at a public hearing held on August 28, 1973, this ordinance
was placed on first reading.
ATTACHED: Resolution [ ] Ordinance [ ] Agreement [ ] Plat [ ]
See EXHIBITS [ ] No.
Financial Statement:
Commission-Board Recommendation:
Department Head Recommendation: Approval
City Manager Recommendation: Approval
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AGENDA ITEAI N0. [ p �
CHULA VISTA CITY COlI�1CIL DiEETI\'G OF: '
a Public hearing - Consideration of amendment to Zoning Ordinance relating
ITEN TITLE: to foster homes, day care homes and day nurseries
--b Ordinance - Amending Sections 33.502, 33.503, 33.504, 33.505, 33.506
and 33. 1401 of the City Code relating to foster homes, family
day care homes and day nurseries
INITIATED BY: Director of Planning
BACKGROUND � , Contact from Count Uepartinent of Public llelfare. 1�ir. Bin Plumb,
Section Chief of t e Foster Home Licensing Section, County of San Dieyo Department
of Public Welfare, contacted the Planning Department and expressed concern over the
fact that the Chula Vista Zoning Ordinance provides for only three (3) foster children
in residential zones. There are currently 35 licensed foster homes operating within
the City and an additional 13 homes pending clearance from the Fire Department.
2. State Legislation. Assembly Bill 1856, March 15, 1972, provides that:
"A State authorized, certified, or licensed family care home, foster home serving
six (6) or fewer mentally disordered or otherwise handicapped persons or dependent
and neglected children, shall be considered a residential use of property for the
purposes of zoning if such homes provide care on a 24 hour-a-day basis." And further
that, "Such homes shall be a permitted use in all residential zones, including, but
not limited to, residential zones for single family d�•iellings. tdothing in this
paragraph s�iall be constr..ued to prohibit any city or county from requiring a conditional
use permit in order to maintain any home pursuant to the provisions of this paragraph;
provided that no conditions shall be imposed on such homes which are more restrictive
than those imposed on other similar dwellings in the same zones unless such additional
conditions are necessary to protect the health and safety of the residents."
(Amendment to Section 5116 of the 4Jelfare and Institutions Code relating to care
homes. )
The City attorney is of the opinion that AB 1856 requires that full time foster homes
serving six (6) or fewer children, including children of the foster family, shall
be a permitted or conditional use in all residential zones of the Chula Vista
Zoning Ordinance.
(continued on supplemental sheet)
ATTACHED: Resolution [ ] Ordinance [X] Agreement [ ] Plat [ ]
See EXHIBITS [X] No. 1-2
Financial Statement:
Commission-Board Recommendation:
The Planning Commission recommends adoption of amendments to the Zoning Ordinance
relating to Foster fiomes, Family Day Care homes and Day Nurseries, in accordance
with Resolution PCA-73-4.
Department Head Recommendation:
Concur
City Manager Recommendation:
Recommend approval so we conform with State law.
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Supplemental Page No. 2
3. Present Ordinance provisions.
"Foster homes and/or day nurseries, not exceeding three (3) children, not members
of the family," are now "accessory uses" in the R-E and R-1 zones, and "principle
perr.iitted uses" in the R-2 zone. There is no provision in the ordinance for foster
homes serving greater than three foster children in those zones. Day care• nurseries
are conditional uses in the R-3 and C-0 Districts.
4. State definition and standards.
A Full Time Foster Home is defined as "a family residence in which 24 hour care is
provided for not nore than six (6) children, including children of the foster
family." Minimum standards for these :homes are contained in Title 22 of theCa' ° -
California Administrative Code and include administration, personnel , reception,
care, safety, buildings, and grounds.
AIJALYSIS
1 . A survey of the Zoning Ordinances of other cities in the county indicates that
there is very little continuity or conformity in the regulation of foster homes.
It appears, however, that the general trend is toward a relaxation of previous
restrictive zoning regulations in some of the cities.
2. Assembly Bill 1856, of course, requires that foster homes serving six (6)
or fewer foster children be allowed in all residential zones (with or without the
issuance of a conditional use permit) . County personnel state that while State
law allows the local cormnunities to require the issuance of a conditional use permit
for foster homes, from experience it is found that most prospective foster parents
do not pursue the conditional use permit for a variety of reasons. Instead, they
drop out of the program. The intent behind AB 1856, is to have foster homes available
for a number of children who are members of the same family. It is highly desirable
that these children be kept together in their local communties. The provision allowing
six (6) foster children in residential zones has not substantially increased the
foster ch�i�dd .popailat�ionyinhotfie'r.lc.it'a'e'sfdue topthemf:actcthatf86 percentoofothecfoster. �
hortiesnlicerisedrbyntheaPubl,ic l+le�lf:ar,e Departinentrear.e for three to four children and
only 14 percent care for five or more children.
3. For Council 's information, the followin information about the Foster Home
Program is offere .
The vast majority of foster care homes (99%+) are in single family detached
residences.
The foster Home Licensing Section utilizes a worksheet to evaluate not only
the applicant's home as to adequacy for the number of children proposed,
but also the applicant's background and present suitability as a foster
parent. Among other standards, the Licensing Section normally requests that
a bedroom shall hold no more than two children, A "bedroom" is a room
which is not used for other uses. Thus, a family room, living room or den
would not be counted as a bedroom.
A number of requests have been denied outright or the number of children
permitted has been reduced. The license issued is for only that number
of children approved by the Licensing Section. Disapproval of a request
can be appealed to the State Department of Social Welfare.
A prospective foster home is visited at least twice before a license is
issued, and at least once annually by unannounced visit thereafter.
No� licenses have been revoked to date.
A license is good for one year.
In the processing of license applications no public hearings or similar
forums are held to permit neighbors to appear and comment. Most complaints
received regarding foster homes have concerned the quality of care being
provided, rather than concern over lack of publicity.
1� A license is not issued by the Licensing Section until necessary local
' clearances are obtained, including-a conditional use permit, if applicable,
� and a favorable fire marshall 's report.
` Supplemental Page IJo. 3
Based upon the requirements of both the fire Marshall and the Foster Home Licensing
Section in terms of regulation and review, it was staff's and Planning Commission's
conclusion that the health, safety, and welfare of not only the foster home residents,
but of their neighbors as well , is adequately protected. Accordingly, in response
to State legislation, it appears reasonable to allow full Time Foster Homes as a
principal permitted use in all residential zones .
PROPOSED ZONING ORDINANCE AMENDMENTS
1 . Zone Classifications
Add - Sections 33.502 C. 4; 33.503 C. 4; 33.504 C. 5; 33.505 C. 5;
Full time foster homes and
Family day care homes, as defined in Section 33.1401
Delete - Sections 33.502 C. 4; 33.503 C. 4; 33.504 B. 6;
Revise - Section 33.505 D. 3:
Except in R-3-T, day nurseries,
Section 33,506 D. 3:
Day nurseries, schools , and studios for arts and
crafts, photography, music, dance and art galleries,
in accordance with the provisions of Section 33.901 B,
paragraph 22.
2. Definitions
Add - Section 33.1401
"Full Time Foster Home" shall mean a family residence in which
our care is provi ed for not more than six (6) children,
including children of the foster family.
"Family Day Care Home" shall mean a family residence in which non-
residential day care only is provided for not more than three (3)
children, excluding children of the day care family.
"Day Nursery" shall mean day nurseries for working mothers; nursery
schools for children under the minimum age of admission to public
schools; parent-cooperative nursery schools; playygr,oupsfforppr.e=chooi:
school children; programs giving after-school care to school children;
all other types of group day care programs. The term "day nursery"
does not include: family day care homes; facilities offering 24-hour care;
regular elementary schools which offer educational programs only.
Delete - Section 33:1401
(Definition amendments concerning "Family Day Care" and "Day Nurseries" are included
to bring our definitions into conformance with definitions used by State licensing
agencies and to clarify their meaning in the Zoning Ordinance. The existing provisions
for day nurseries have not be altered. )
FURTHER STUDY ON FAMILY DAY CARE HOMES
At their meeting of August 8, 1973 the Planning Commission, in response to concerns
expressed by residents, directed staff to initiate a study on Family Day Care Homes
for possible relaxation of present restrictions on this form of care.
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