HomeMy WebLinkAboutAgenda Statement 1988/05/17 Item 17~ ~,
' COUNCIL AGENDA STATEMENT
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Item
Meeting Date~8-5=~~•~g
ITEM TITLE: PUBLIC HEARING: PCA-88-6; Proposed amendments to Title 19
(Zoning) of the Municipal Code pertaining to large family
daycare permits
Ordinance ~~ ~, Amend ing Title 19 (Zoning) of the
Municipal Code p taining to Large Family Daycare Permits
SUBMITTED BY: Director of Planning , ~ ~~ _ R~Dt1V~ AND A®OPTIO;
REVIEWED BY: City Manager~64~ (4/5ths Vote: Yes No X )
Large family daycare homes within the City (with the exception of Montgomery)
are required to obtain a conditional use permit and are subject to standards
for this type of daycare home contained in 19.58.147 of the Zoning Ordinance.
The standards and requirement for a CUP within the R-E and R-1 residential
zones has been in effect since 1985.
Large family daycare homes in Montgomery are subject to the requirements of
Section 6156(y) of the County Zoning Ordinance, which was adopted by the City
for an interim period pending implementation of the Montgomery Specific Plan.
That ordinance requires approval of an administrative permit and outlines
requirements governing parking, noise control, spacing, outdoor lighting, and
notice to surrounding property owners (Reference Exhibit "C").
Under Section 1597.46 of the California Health and Safety Code, local
jurisdictions are given limited discretion when considering such permits, and
are required to grant those permits if they comply with reasonable standards
or requirements concerning spacing and concentration, traffic control, parking
and noise control. The local ordinance currently in effect for the City omits
traffic control issues in meeting the conditions of approval for obtaining a
permit. In addition, portions of the Pontgomery ordinance are too general or
do not address all the potential impacts to surrounding properties.
In response to these issues, the City Council directed staff to redraft the
ordinance for large family day care homes, and to add traffic as a
consideration to grant or deny a permit for this use.
RECOMMENDATION: Adopt the ordinance to amend Title 19 of the Municipal Code
revising evaluation of large family daycare homes as contained in Exhibit A &
B attached.
BOARDS/COMMISSIONS RECOMMENDATION:
1. The Montgomery Planning Committee at their meeting of April 16, 1988 voted
6-1 to recommend approval of proposed changes to the large family daycare
ordinance as contained in the recommendation section of this report.
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Page 2, Item 14 r '~ ~y, r
Meeting Date 0/88 -~~ ~ ~~ ~ ~ '~
2. The Planning Commission, at their meeting of April 13, 1988, voted 7-0 to
recommend adoption of revisions to the ordinance related to large family
daycare permits as contained in Exhibit A and B.
DISCUSSION:
Licensing for large family daycare homes for 7 to 12 children has been
mandated by the State Health and Safety Code and administered by the County
Department of Social Services for more than 15 years. The code was amended in
1981 to restrict local jurisdictions from regulating large family daycare
homes, but was amended again in 1983 to allow local governments to impose
limited standards for the placement and operation of these facilities
(Reference Exhibit "D").
Given this limited discretion, the City may require a use permit for large
family daycare homes, but is required to grant the permit if the applicant
meets certain specified responsible standards outlined by the City. A recent
application for a large family daycare home within Montgomery which was
appealed to the City Council and subsequently granted on March 8, 1988,
highlighted certain deficiencies in the standards which are currently in
effect for Montgomery.
The standards applicable to Montgomery permit large family daycare homes as an
• accessory use with issuance of an administrative permit, but does not impose
traffic control standards in the conditions for granting the permit (see
Exhibit C). In addition, spacing regulations are worded so that large family
daycare homes could be clustered on one street or directly adjacent one ~-
another as long as the homes are owned, operated, managed or leased by
separate individuals; which could result in cumulative noise and traffic
impacts.
Other requirements outlined by the ordinance appear too general, referring to
"adequate provision" to be made to reduce noise impacts and temporary parking,
without specifying any required capacity for parking, or specific locations
for play areas.
Title 19 of the Municipal Code allows large family daycare homes within R-1
and R-E zones subject to approval of a conditional use permit. In the PC
planned community zones, the development standards for RE and RS single family
areas defer to the R-1 regulations. These standards appear to be more in
compliance with the intent of State Codes, however, here too, there is no
reference to traffic control standards. The City Attorney's office has also
indicated that the findings which must be made for granting a conditional use
permit are not appropriate for large family daycare homes, since the State
Codes state that the permit must be granted if the applicant meets required
regulations. "~
Staff is recommending that the regulations for large family daycare homes
required by Title 19 of the Municipal Code be amended to add traffic control
• standards and apply them citywide. In addition', the requirement for a
conditional use permit would be replaced with a requirement for a large family e
daycare permit process similar in nature to the administrative permit used by
the County.
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Meeting Date4 r i~~8
A large family daycare permit would be granted by the Zoning Administrator
with an appeal process to the Planning Commission and City Council. The
findings to be made for the permit would be different in scope, however,
simply affirming that the application complies with the standards required by
the City for large family daycare homes as well as all other applicable
regulations specified in the Municipal Code for the use, and that the
application complies with all applicable requirements mandated by the State
Health and Safety Code governing licensing of daycare facilities. The
appropriate fee to be charged for processing a large family daycare permit has
not been determined.
The proposed traffic control standard suggested by staff in Exhibit A would
require applications to be reviewed for additional traffic control measures if
the estimated traffic volumes for the project plus existing volumes exceed 60%
of the design ADT of roadways adjacent to the project.
The Health and Safety Codes limit local government permit discretion only for
single family zones. Single family homes within multiple family zones can and
should be required to obtain a conditional use permit with standard
discretionary findings, since there is the potential for land use conflicts,
such as noise and traffic which would require more careful regulation on a
case-by-case basis.
• FISCAL IMPACT:
WPC 5107P
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by the City Council
Chula Vista, Califor is
Dated
oG=L=~-
by the itY Ccunci) of
Chula Vista, California
Dated
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• EXHIBIT A
Montgomery
19.70.013 Large Family Daycare Homes
Notwithstanding the provisions of Section 6156(y), large family daycare
homes shall be permitted for a single family dwelling within an RS zone
subject to approval of a large family daycare permit by the Zoning
Administrator, and in compliance with the following standards:
A. Notice shall be given to properties within 300 feet of the proposed
large family daycare home at least 10 days prior to consideration of
the permit.
B. The permit shall be considered without public hearing unless a
hearing is requested by the applicant or other affected party. The
applicant or other affected party may appeal the Zoning
Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential
use of the property.
D. A large family daycare home shall not locate within 1200 feet of
another large family daycare facility on the same street as measured
from the exterior boundaries of the property.
• E. An area shall be provided for the temporary parking of at least two
vehicles for the safe loading and unloading of children. In most
cases the driveway in front of a two-car garage will satisfy this
requirement.
F. The City Traffic Engineer shall review permits for large family
daycare homes if the estimated traffic volumes for the daycare home,
in conjunction with volumes on the street or streets adjacent to the
home exceed 60q of the design capacity of those roadways. 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.
G. A usable rear yard play area of 1,2.00 sq. ft. shall be provided.
Outdoor play activity shall not be allowed in the front or exterior
side yard of the home.
H. Play areas shall be designed and located to reduce the impact of
noise on surrounding properties. The Zoning Administrator may
require the installation of a 6 ft. high block wall around the
perimeter of the rear yard to minimize noise impacts.
19.70.014 Large Family Daycare Homes Within Multiple Family Zones
notwithstanding the provisions of Sections 6156(y), 2104, and 2144, large
family daycare homes may be permitted for a single family dwelling within the
RV, RD, RM, and RU residential zones upon issuance of a minor use permit
granted by the Zoning Administrator.
WPC 4928P
• EXHIBIT B
Title 19 Zoning
19.58.147 Family Daycare Homes, Large
A large family daycare home shall be allowed in the R-E and R-1 zones, and
within the PC desi Hated RE and RS zones, upon issuance of a lar a family
a~c_a~re perms y t e oning minis ra or, an in comp lance wi e
following stan ar s•
A. Notice shall be given to properties within 300 feet of the proposed
large family daycare home at least 10 days prior to consideration of
the permit.
B. The permit shall be considered without public hearing unless a
hearing is requested by the applicant or other affected party. The
applicant or other affected party may appeal the Zoning
Administrator's decision to the Planning Commission.
C. The family daycare function shall be incidental to the residential
use of the property.
D. A large family daycare home shall not locate within 1200 feet of
another large family daycare facility on the same street as measured
from the exterior boundaries of the property.
• E. An area shall be provided for the temporary parking of at least two
vehicles for the safe loading and unloading of children. In most
cases the driveway in front of a two-car garage will satisfy this
requirement.
F. The City Traffic Engineer shall review ermits for lar a family
daycare homes i the estimate tra is vo umes or the daycare ome,
in conjunction wit vo umes on t e street or streets a ~acent to t e
ome excee q o t o esign capacity o f ose roa ways. e City
Traffic Engineer may impose accessory requirements for the daycare
permit in these instances to insu e a ntenance o tra tic safety
levels within the vicinity of the home.
9l G. A usable rear yard play area of 1,200 sq. ft. shall be
provided. Outdoor play activity shall not be allowed in the
front or exterior side yard of the home.
~l H. Play areas shall be designed and located to reduce the impact of
noise on surrounding properties. The Zoning Administrator may
require the installation of a 6 ft. high block wall around the
perimeter of the rear yard to minimize noise impacts.
R-E ZONE - ACCESSORY USES
9.22.030 G Lar~e_family daycare homes subject to the provisions of Section
9 47
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R-E ZONE - CONDITIONAL USES
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R-1 ZONE - ACCESSORY USES
19.24.030 J Large family daycare homes subject to the provisions of Section
19.58.147
R-1 ZONE - CONDITIONAL USES
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R-2 ZONE - CONDITIONAL USES
19.26.040 E Large family daycare homes as defined in Section 19.04.094,
within a single family dwelling
R-3 ZONE - CONDITIONAL USES
19.28.040 K Large family daycare homes as defined in Section 19.04.094,
• within a single family dwelling.
WPC 4989P
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EXHIBIT C 6156
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x. (Deleted by Ord. No. 6924 (N.S.) adopted 2-2A-85)
y. Family Day Care Home for Children. A family day care home for
children is a permitted accessory use upon issuance of an
administrative permit provided the following conditions are complied
with:
1. No such day care home may be owned, operated, managed or leased
by any person, as defined by these regulations, within one mile
of any other such f ac it ,ty owned, operated, managed or leased
by the same person.
2. The plot pl an for a f am i 1 y day care home for chi 1 dr en sh al 1
show sufficient information to determine the following:
i. At least one on-site parking space will be available for
any assistant provider or caregiver not a resident of the
subject family day care home.
i i . Adequate prov ~ s ion wi 11 be made to reduce noise impacts on
surrounding properties such as dense landscaping, solid
fencing six feet in height around outside activity areas
or location of such areas a suitable distance away from
adjacent dwellings.
• iii. There exists an adequate area for temporary parking of an
automobile where children may be safely loaded and
unloaded, or such area w~ 11 be provided.
iv. Property owners within 100 feet of subject property shall
be notified of the receipt of the appl ication not less
than 10 days prior to the date on which the decision will
be made. No hearing shall be held before a decision is
made unless a hear~nq is requested by the appl scant or
other affected person. The decision may be appealed as
provided by the Administrative Appeal Procedure commencing
at Section 7200.
v. Every administrative permit approved pursuant t0 this
Section Shall contain a condition Chat any outdoor
1 ight~ng co'nDly with Sections 6324 and 637.6 and that no
sound arnpl ificat~on device be r~ermitted in outdoor
activity areas.
z. Wind Turbine Systems. One wind turbine system shall be permitted
on a bu~ldinq site ~n cornpl Dance with the following conditions:
1. Setback. The system shall be. set back fran property 1 fines and
roads at 1 east 1 .25 t Ames the he ~qht of the wind system (to the
• top of the blade ~n vertical position).
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EXHIBIT D
HEALTH AND SAFETY CODE
§ 1597.10,(Opcratirc until July 1, 1989) Lcgislatlrc findings and dcclaratians
The Legislature finds and dcclara:
(a) It has a responsibility to ensure the health and safety of children in family homes that provide day
cart
(b) That there arc insufficient numbers of rcgulatcd family day care homes in California.
(c) There will be a growing need for child day care facilities due to the increase in working parents.
(J) Many parents prefer child day care located in their neighborhoods iu family homes.
(e) Thctc should be a variety of child care settings, including rcgulatcd family day care homes, as
suitable altcrnativa for parents.
(f) That the program to be operated by llte state sltoulJ be cost clfcctive, streamlined, and simple to
administer in order to ensure adequate cart for children placed in family day care homes, while not
placing undue burdens on the providers.
(g) That the state should maintain an cll'icicnt program of regulating family day care homes that ensures
the provision of adequate protection, supervision, and guidance to children in their homes.
§ 1397.30 Amended and Renumbered Suts 1983 ch 1233 § 1.
Amendments:
1983 Amendment: (I) Added "regulated" before "family day care" in subd (b) and in subd (e); (2) deleted "small"
before "family homes" in subd (d);,and (J) substituted sutxls (Q and (g) for former subds (Q and (g).
§ 1597.46. (Opcratlrc until July 1, 1989) Large family day care home
All of the following shall apply to large family day cart Roma:
(a) A city, county, or city attJ county shall not prohibit large frntily Jay care Roma on lots zoned for
single-family dwellings, but shall do one of the following:
(1) Classify these homy as a Dermitted use of reidential nropcrty for zoning nurnose.
(2) Grant a nondtscrcuonary pcrmu to use a lot zoned for a single-family dwelling to any large family
day care home that complies with local ordinances prescribing rcasonabtc standards, restrictions, and
requirements concerning spacing and concentration, tra(Ge control, parking, and Hoist control relating to
such homes, and complies with subdivision (d) and any regulations adopted by the Slrtc fire Marshal
pursuant to that subdivision. Any noise standards shall be consistent with local noise ordinance
implcmcnting the noise clement of the general plan and shall take into consideration the Hoist Icvcl
gcncratcd by children. The permit icsucJ pursuant to this paragraph shall be granted by the zoning
administrator, if any, or if there is ^o zoning administrotur by the ncrson or ncrsous dcsicnatcJ by the
agency to grant such permits, upon the certification without a hcarin
t~) recqutrc any targe tarnuy day tart home to apply for a pcrrnh to use a lot zoned for single-family
dwellings. Tltc zoning administrator, if any, or if there is no zoning administrator, ttlc pcrsott or persons
designated by the planning agency to handle the use permits shall rcvicw and decide tltc applications.
The use-Rcrmit~shall be granted, if the )arge family,day..care.hoymc,complics-with. local ordinance, if any,'
prescribing rcasonabtc standards, restrictions, and, rcquarcmcnts .concerning spacing and conccnttalitiri,
tragic control, parking; and noise control relating fb such homes, end complies with subdivision (d) and
any regulations adopted by the State Firc Marshal pursuant to that subdivision. Any noise standards
shall be consistent with local noise ordinance implcmcnting the noise clement of the general plan and
shall take into consideration the noise levels gcncratcd by children. Tltc local government shall process
any required permit as ceortontieally as possible, and ices ehargcJ for rcvicw shall not exceed the costs of
the rcvicw and permit process. Not less than 10 days prior to the date un which the decision will be
made on the application, the zoning administrator or person designatcJ to handle such use permits shall
give ttotiec of the proposed use by mad or delivery to all owners sltoss•n on the last equalized assessment
roll as owning real property within a 100 foot radius of tltc exterior boundaries of tltc proposcJ large
family day care home. No heating on the application for a permit issued pursuant to this paragraph shall
be held before a decision is made unless a hearing is requested by the applicant or other affected person.
Thc applicant or other afI'eelcd person may appeal the decision. The appellant shall pay the cost, if any
of the anneal.
urge family day cart home shall not be subject to the provtstons of Division IJ (commencing whh
21fXY11 of ILr Puhlir 17 K..,..~... !`.., L.
(c) Use of asingle-family dwelling for the purposes of a large family Jay cart home shall not constitute
a change of occupancy for purposes of fart I.S (commencing wuh Section 17710) of Division I) (Slate
housing Law), or fur purposes of local bwlJing and fire axles.
(d) Large family day care homy shall be considered a.s single-family residences for the purposes of tfre
State Uniform lluilding $landards CtxJe anJ Ivcal buJding and fire cod u, c:tccpt with repect to any
additional standards specifically Jeigncd to promote the fire and hfe safety of the children in that
homes adopted by the State fire Marshal pursuant to this subJiviston. Tltc State Firc Marshal shall
adopt separate building standards specifically rclaung to the subject of Grc and lift safety in large family
day care homy which shall be publishcJ in title 2•i of the California Administrative Cole. Thcsc
standards shall apply uniformly throughout the state anJ shall include, but not be IimucJ to: (1) the
rcyutremcnt that a lark faintly Jay rare home cont~~n a lire c.~uncuuher ur stnuke detector device, ur
both, which meets standards e~tabltshcd by the Slate I~tre Marshal; (.) spcctticauon as to the number of
rcquircJ czus from the homy, anJ (J) spcct6cahon as to the Iluur or (lours on which Jay care may he
provtdcJ, lnfurccmcnt of thec prnvtsions shall be m accuruancc wuh Sccuons IJ143 anJ 0146. No
coy, county, sty anJ county, or distract shall aJupt or enforce any butlJutg ordurance or local rule or
regulauun rclaunR to the sub)ect of Grc and hfc safety ut lart;c faintly Jay care hume~ wluch is
incouststtnt wnh those standarJs aJoptcJ by the State I•tre Marshal, cacept to the extent the bwlJutg
nrdtnaucc or local rule or rc~ulauon applte to stnFlc-fanuly rcatJcnccs rn winch Jay care is nut provulcJ.
(c) Nn later Ihan Apnl I, I'134, the State I~irc Marshal shall aJupt the butlJiuc standards required in
wlrltvtswn (J) and any oilier rcgulauuus ucccss~ry to unplcntau the pruvnwns of Ihts scawn.
.Waal .liars 1761 ch 1111 9 1.
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