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HomeMy WebLinkAboutAgenda Statement 1985/05/14 Item 11 COUNCIL AGENDA STATEMENT Item // Meeting Date 6/7/65-- -$-- ITEM TITLE: Public Hearing: PCA-85-2, Consideration of amendments to Title 19 of the Municipal Code to establish standards for large family day care homes in single family zones Ordinance -1j/ Amending Title 19 of the Municipal Code to establish standards for large family day care homes in single family zones SECOND NLtDlivu Ai'ID F.DOFTIC4 SUBMITTED BY: Planning Director (4/5ths Vote: Yes No X ) REVIEWED BY: City Manager fge /,#) The State recently enacted Senate Bill 163, which prohibits cities from excluding large family day care homes (those serving from 7 to 12 children) from single family zones. A City may either allow such homes as a matter of right, or may adopt and apply certain local standards via a permit process. RECOMMENDATION: That Council concur with the Planning Commission recommendation. BOARDS/COMMISSIONS RECOMMENDATION: On March 27, 1985, the Planning Commission, by a vote of 6-1 , recommended that Council enact an ordinance amending Title 19 in accordance with Resolution PCA-85-2 establishing standards for large family day care homes in single family zones. DISCUSSION: The State defines family day care as 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. The number of children residing at the home are included in determining the total number allowed. The City presently limits family day care homes to six children. These homes are allowed by right in the R-E and R-1 zones, and by conditional use permit in the R-2 and R-3 zones. Commercial day care centers are allowed by conditional use permit in the R-3 and C-0 zones. SB 163 provides that the establishment of large family day care homes may be subject to reasonable local standards concerning spacing and concentration, traffic control , parking and noise control. These standards must be applied uniformly by way of a permit acted upon by the Zoning Administrator. Notice must be given to properties within 100 feet of the proposed care home ten days prior to consideration of the permit, and the applicant or other affected person may appeal the Zoning Administrator' s decision. Page 2, Item -{r' Meeting Date - ANALYSIS: The establishment of large family day care homes in single family neighborhoods has the potential to create traffic and parking problems during the morning drop-off and late afternoon pick-up periods. The outdoor play activities of seven to 12 youngsters could also be a continuing source of noise irritation to neighbors throughout the day. The State law is clear, however, that local standards must be "reasonable" in relation to the goal of providing larger family day care homes in single family neighborhoods. Thus, such homes cannot be restricted to large-lot single family zones, nor can larger lots be required in standard single family zones unless this would be an indirect consequence of the application of reasonable standards related to traffic, parking and/or noise. An undue increase in traffic or serious parking/congestion problems could ordinarily occur where two or more large family day care homes are located in close proximity to one another. Although any figure may appear arbitrary, we believe it would not be unreasonable to require a 500 foot separation between such facilities. This would not only address the traffic and parking problems, but would also avoid one home backing-up to another on an adjacent street and thus compounding the potential for adverse noise impacts. There should also be provided on or adjacent to the site a convenient area for the temporary parking of at least two vehicles for the safe loading and unloading of children. The ability to provide such an area will depend on the nature of the site and neighborhood and should thus be evaluated on a case-by-case basis. In the absence of extenuating circumstances, however, we believe the driveway in front of a two-car garage would normally be adequate to meet this requirement. The County licensing agency for family day care homes does not prescribe minimum requirements for outdoor play space, but evaluates each home on an individual basis. An adequate area for outdoor activities relates not only to proper child development, but also helps alleviate the adverse impacts of noise which could occur on an inordinately small lot. A standard of 100 sq. ft. per child, or 1 ,200 sq. ft. for a large family day care home, would seem to be a minimal but reasonable figure in light of the average lot width and required rear yard setback of the standard single family parcel (65'x20' = 1 ,300 sq. ft. ) In terms of additional requirements to ameliorate noise, the size of the lot, the location of the play area and the existence of dense landscaping and/or fencing should be evaluated on a case-by-case basis. If it is deemed necessary, we believe the Zoning Administrator should be given the authority to require the installation of a 6-foot high block wall around the perimeter of the rear yard play area. Outdoor play activity should not be allowed in the front yard, and normally should be restricted from the side yard as well . Page 3, Item Meeting Date _. In their deliberations, the Planning Commission further recommended that the area to be noticed concerning a proposed family care home be increased from the 100 ft. radius referred to in the State law, to the standard 300 ft. radius required of other City applications. Procedurally, we have recommended that large family day care homes be processed by a Zoning Administrator conditional use permit. This permit currently carries a fee of $175.00, with appeal to the Planning Commission for a fee of $125.00. The amendment also includes revised definitions to conform with those of the State. To our knowledge, three other jurisdictions within the region have adopted local standards for large family day care homes. These standards are summarized below: Traffic/ Separation Parking Play Area Noise Notice County None One for None-- Adequate 100 ft. assistant based on provision-- if not licensing landscaping/ resident; agency fencing. "safe" area evaluation. for loading/ unloading Carlsbad 1200 lineal "safe" area Same as above May 300 ft. ft. on same for loading/ street unloading National City 330 ft. (avg. two-car Same as above above normally as 100 ft. city block) driveway normally adequate. Chula Vista 500 ft. Same as above 1 ,200 sq. ft. above.m s 300 ft. (proposed) FISCAL IMPACT: Not applicable. .. WPC 1855P , Dated , de „4,(e7 ,