HomeMy WebLinkAboutAgenda Statement 1987/10/27 Item 12COUNCIL AGENDA STATEMENT
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Item 12
Meeting Date 10/27/87
ITEM TITLE; Ordinance o2~ 3 7 - Amending Section 19.26.040 of the Chula
Vista Municipal Code relating to Small Family Day Care Centers
in Single Family Dwellings
SUBMITTED BY: Deputy City Attorney Q.~~
(4/5ths Vote: Yes No X)
Section 19.26.040 of the Chula Vista Municipal Code currently requires small
day care centers but not single family residences to obtain a conditional use
permit prior to locating in an R-2 zone. State legislation prohibits cities
from distinguishing family day care facilities from other single family
dwellings. Therefore, this section should be amended to reflect thise state
requirement.
RECOMMENDATION: That Council approve an amendment to Section 19.26.040 of
the Chula Vista Municipal Code to reflect changes in
current state law regarding day care centers.
BOARDS/COMMISSIONS RECOMMENDATION: After a public hearing on October 14,
1987, the Planning Commission unanimously voted to approve said amendment to
~e Municipal Code.
DISCUSSION:
The State of California declared the regulation of small family day care homes
to be of statewide concern preempting local municipalities from regulating
this type of use, except as specifically allowed under state law. Cities may
place restrictions on the building heights, setback and lot dimensions of
family day care facilities as long as these restrictions are identical to
those applied to other single family residences. State law strictly prohibits
distinguishing family day care facilities from other single family dwellings.
Under the current Chula Vista Municipal Code, a small family day care home
operating from a single family residence would be required to obtain a
conditional use permit, site plan and architectural approval prior to
operating in an R-2 zone. However, other types of single family dwellings
located in an R-2 zone would not be required to obtain a conditional use
permit, or site plan and architectural approvals.
Section 19.26.040D could be read to distinguish small day care centers from
single family residences which is strictly prohibited under state law and
therefore should be amended. However, we would still be able to regulate
small family day care centers who operate out of other types of residences
which may require more detailed regulations because of the close proximity to
adjoining neighbors.
~SCAL IMPACT: N/A
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