HomeMy WebLinkAboutOrd 1999-2793ORDINANCE NO. 2793
AN ORDNANCE OF THE CITY OF CHULA VISTA CITY
COUNCIL AMENDiNG SECTION 19.58.147 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO REQUIRED
STANDARDS FOR LARGE FAMILY DAY CARE HOMES
WHEREAS, the City has initiated a proposal to amend the Municipal Code Section
19.58.147 relating to Large Family Daycare specifically, to revise the requirement for a 1200 square
foot play area, and to eliminate the potential requirement of a block wall to attenuate noise; and
WHEREAS, the current Zoning Ordinance standards for large family daycare facilities
regarding block wall and play area will be brought into conformance with State regulations by
approval of this amendment; and
WHEREAS, the City proposes creating policies and application procedures to streamline the
current large family daycare process; and
WHEREAS, this amendment to the Zoning Ordinance, will be compatible with the General
Plan; and
WHEREAS, the Environmental Review Coordinator has concluded that this proposal as a
procedural amendment, is exempt from the Califomia Environmental Quality Act (CEQA) under
the General Rule exemption Section 15061 (b)(3).
WHEREAS, on April 14, 1999 the City Planning Commission voted 7-0 recommending that
the City Council approve the Zoning Code text amendment to Section 19.58.147 in accordance with
Resolution No. PCA-99-01; and
WHEREAS, the City Clerk set time and place for a hearing on said Municipal Code
Amendment application and notice of said heating, together with its purpose, was given by its
publication in a newspaper of general circulation in the city least ten days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely July 20, 1999
at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council: and
WHEREAS, the Council elected to reinstate the 300 foot notice requirement and directed
staff to research the 1200 square foot play area requirement; and
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find,
determine, resolve and ordain as follows:
SECTION I: That Section 19.58.147 of the Chula Vista Municipal Code is hereby amended to read
as follows:
A large family daycare home shall be allowed in the R-E and R-1 zones, and within the PC
designated RE and RS zones, upon the issuance of large family daycare permit by the zoning
administrator and in compliance with the following standards:
Ordinance 2793
Page 2
H.
I.
J.
Notice shall be given to properties within 300 feet of the proposed large family daycare home
at least ten days prior to consideration of the permit.
The permit shall be considered without public hearing unless a heating is requested by the
applicant or other affected party by the hearing deadline date. The applicant or other affected
party may appeal the zoning administrator' s decision to the planning commission.
The family daycare function shall be incidental to the residential use of the property.
A large family daycare home shall not locate within:
Three hundred feet of another such facility with said measurement being defined as
the shortest distance between the property lines of any such facilities; and
Twelve hundred feet of another such facility along the same street with said
measurements being defined as the shortest distance between from property lines, as
measured along the same street, of any such facilities.
The owner must provide a double-wide driveway which shall be paved to meet City
standards and be a minimum of 16 feet wide and 19 feet in depth as measured from the edge
of sidewalk to any vertical obstruction. The driveway shall be available during all hours of
operation for the loading and unloading of children. If a garage exists on-site, it must be
utilized for parking of personal vehicle(s). In the event that less than a two-car garage exists
on-site, the owner must designate an area on-site other than on the driveway so that a total
of two personal vehicles can be parked on-site, including the garage. Notwithstanding the
foregoing, applicant must comply with all other Municipal Code provisions as to parking and
traffic.
If in the opinion of the zoning administrator there is a potential for significant traffic
problems, the zoning administrator shall request review of the application by the city traffic
engineer. The city traffic engineer may impose accessory requirements for the daycare
permit in these instances to insure maintenance of traffic safety levels within the vicinity of
the home.
Adequate outdoor play space shall be required and determined on a case by case basis.
Outdoor play activity shall not be allowed in the front or exterior side yards of the home.
Play areas shall be designed and located to reduce the impact of noise on surrounding
properties.
A business license will be obtained concurrently with the use permit.
At the City's discretion, an annual review of the permit may be done to determine
compliance with State and City requirements and the permits conditions of approval.
SECTION II; FINDiNGS
Ordinance 2793
Page 3
The City Council hereby finds that the text amendment will enhance the health, safety and
welfare of the citizens of Chula Vista, will bring the City Municipal Code in conformance with State
law and is consistent with the General Plan and is supported by public necessity, convenience,
general welfare and good zoning practice.
Presented by
Robert A. Leiter
Planning and Building Director
Approved as to form by
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
Califomia, this 5th day of October, 1999, by the following vote:
AYES:
Councilmembers:
Davis, Moot, Padilia, and Horton
NAYS:
Councilmembers: None
ABSENT: Councilmembers: Salas
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Ordinance No.2793 had its first reading at a regular meeting held on the 14th day of September, 1999
and its second reading and adoption at a regular meeting of said City Council held on the 54 day of
October, 1999.
Executed this 5th day of October, 1999.
Susan Bigelow, City Clerk