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HomeMy WebLinkAboutItem 3 - SPEC-0209-2021 (Day Care Facilities Amendments)PLANNING COMMISSION AGENDA REPORT SUBJECT: Review of proposed specific plan amendments allowing day care facilities within the Margarita Area and Airport Area Specific Plans. PROJECT ADDRESS: Margarita/Airport Areas BY: John Rickenbach, Contract Planner Phone Number: 805-610-1109 Email: JFRickenbach@aol.com FILE NUMBER: SPEC-0209-2021 FROM: Tyler Corey, Deputy Director RECOMMENDATION Adopt the Draft Resolution (Attachment 1) recommending the City Council introduce an Ordinance (Attachment 2) to amend the Airport Area and Margarita Area Specific Plans to allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code. SITE DATA Applicant General Plan and Zoning Site Area Environmental Status City of San Luis Obispo Multiple, covering the entirety of the Margarita Area and Airport Area Specific Plans Margarita Area SP – 420 acres Airport Area SP – 1,255 acres Categorically Exempt under CEQA. BACKGROUND AND SUMMARY The Community Development Department is proposing specific plan amendments allowing day care facilities within the Margarita Area and Airport Area Specific Plans consistent with restrictions that apply citywide under the Municipal Code. Currently, there are restrictions in the City’s Airport Area Specific Plan that limit day care facilities to 14 children of on-site employees and such facilities are prohibited in the Margarita Area Specific Plan Area. In 2018, the City updated its Zoning Regulations to allow day care facilities in all zones. However, this amendment did not apply to the Margarita Area or Airport Area Specific Plans. Given the great need for childcare in the community, as identified as part of the City’s Major City Goal efforts, and the fact that the need for day care has been exacerbated by the Covid-19 pandemic, City Council directed to amend these specific plans to expand areas where day care facilities could be located within the City. In October 2020, the City Council authorized Community Development Department staff to undertake the necessary specific plan amendments. Meeting Date: April 14, 2021 Item Number: 3 Estimated Time: 30 Minutes Item 3 Packet Page 81 SPEC-0209-2021– Margarita and Airport Area SP Amendments (day care facilities) Planning Commission Report – April 14, 2021 Page 2 The proposed project is a specific plan amendment that applies to two specific plans in the southern portion of the City. This action would amend the text of both the Margarita Area and Airport Area specific plans to allow for day care centers and family day care as defined in Sections 17.156.010 and 17.156.014 of the Municipal Code, subject to the requirements set forth in Section 17.86.100 of the Municipal Code. The specific changes to these plans are included in the Draft Resolution (Attachment 1). 1.0 PLANNING COMMISSION’S PURVIEW The Planning Commission’s role is to review the proposed specific plan amendments for consistency with the City’s General Plan and make a recommendation to the City Council with respect to the proposed specific plan amendments that allow day care facilities within the Margarita Area and Airport Area Specific Plans consistent with restrictions that apply citywide under the Municipal Code. 2.0 PROJECT ANALYSIS 2.1 Existing Municipal Code Regulations Day Care Centers1 and Family Day Cares2 are subject to the requirements set forth in Section 17.86.100 of the Municipal Code. Small Family Day Cares and Large Family Day Cares are considered residential uses and may be established in all zones where dwellings are allowed. Large family day cares require written approval by the director as a director’s action. Day Care Centers (per Table 2-1: Uses Allowed by Zone of the Municipal Code) are considered by-right uses in commercial and office zones, except in the C-D, C-T and C-S zones, where a Minor Use Permit is required (in the case of the C-D zone, they are allowed without a Minor Use Permit if they are not on the ground floor). Day Care Centers are also allowed with a Minor Use Permit in all residential, manufacturing and business park zones. 2.2 Existing Specific Plan Regulations Currently, Day Care Centers are prohibited in the Margarita Area Specific Plan (MASP). The Airport Area Specific Plan (AASP) allows Day Care Centers on a very limited basis in the C-S, M and BP land use designations, subject to restrictions set forth in Table 4-3 of that document. These restrictions within the AASP limit Day Care Centers to 14 children of on-site employees. 1 Day Care Center (SLOMC Section 17.156.010). Establishments providing non-medical care for persons on a less than 24-hour basis other than “Family Day Care.” This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State. 2 Family Day Care (Small and Large) (SLOMC Section 17.156.014). A day-care facility licensed by the State that is located in a single-unit residence or other dwelling unit where a resident of the dwelling provides care and supervision for children under the age of 18 for periods of fewer than 24 hours a day. Small. A facility that provides care for eight or fewer children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78. Large. A facility that provides care for nine to 14 children, including children who reside at the home and are under the age of 10. See Health and Safety Code Section 1596.78. Item 3 Packet Page 82 SPEC-0209-2021– Margarita and Airport Area SP Amendments (day care facilities) Planning Commission Report – April 14, 2021 Page 3 2.3 Consistency with the Airport Land Use Plan The San Luis Obispo County Airport Land Use Plan (ALUP) regulates safety and noise-related issues for development within the airport’s area of influence. The Airport Land Use Commission (ALUC) is currently reviewing a Draft Amended and Restated ALUP that is anticipated to be adopted in May 2021. As such, amendments to the MASP and the AASP have been structured to comply with the existing ALUP and the Draft Amended and Restated ALUP. The proposed amendments to the MASP and AASP would allow for day care facilities only on sites that are located within Safety Area S-2 (see Attachment 3) of the current ALUP and Safety Zone 6 (see Attachment 4) of the Draft Amended and Restated ALUP. Day care facilities, under the current ALUP, are identified as a “Special Function” use and per Policy S-4, may be allowed in Aviation Safety Area S-2. The Draft Amended and Restated ALUP includes revised safety zones and outlines the various land uses that are compatible with each zone. Per Table 4-5, day care facilities are deemed to be a compatible use within Safety Zone 6. The proposed amendments have been referred to the ALUC for their consideration on April 21, 2021. The ALUC will review and make a determination of consistency regarding the proposed amendments to allow day care facilities on sites located within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft Amended and Restated ALUP. 2.4 Proposed Changes to the MASP and AASP The proposed amendments to the MASP and the AASP are provided in detail as a part of the Draft Ordinance (see Attachment 2). The amendments allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code. 3.0 ENVIRONMENTAL REVIEW The project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule” exemption, because the proposed action will have no possibility of a significant effect on the environment and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the MASP. In this case, allowing day care facilities in these specific plans is consistent with the General Plan, are subject to restrictions set forth in the Municipal Code to ensure public health, safety and welfare, and project specific environmental review will be required. 4.0 OTHER DEPARTMENT COMMENTS No additional feedback was required from other City departments on the proposed amendments. 5.0 ALTERNATIVES 1. Continue project. An action to continue the item should include a detailed list of additional information or analysis required. 2. Deny the project. An action recommending denial should include findings that cite the basis for denial and should reference inconsistency with the General Plan, Zoning Regulations, or other policy documents. Item 3 Packet Page 83 SPEC-0209-2021– Margarita and Airport Area SP Amendments (day care facilities) Planning Commission Report – April 14, 2021 Page 4 6.0 ATTACHMENTS 1. Draft Resolution 2. Draft Ordinance 3. Map of Safety Area S-2 of the current ALUP 4. Map Safety Zone 6 of the Draft Amended and Restated ALUP Item 3 Packet Page 84 RESOLUTION NO. PC-XXXX-21 A RESOLUTION OF THE SAN LUIS OBISPO PLANNING COMMISSION RECOMMENDING THE CITY COUNCIL INTRODUCE AN ORDINANCE TO AMEND THE AIRPORT AREA AND MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR DAY CARE FACILITIES CONSISTENT WITH RESTRICTIONS THAT APPLY CITYWIDE UNDER THE MUNICIPAL CODE, WITH A DETERMINATION THAT THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) AS REPRESENTED IN THE PLANNING COMMISSION AGENDA REPORT AND ATTACHMENTS DATED APRIL 14, 2021 (SPEC-0209- 2021) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing on April 14, 2021, pursuant to a proceeding instituted under SPEC-0209- 2021; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Planning Commission of the City of San Luis Obispo has duly considered all evidence, including the testimony of the applicant, interested parties, and evaluation and recommendations by staff, presented at said hearing; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of San Luis Obispo as follows: SECTION 1. Findings. The Planning Commission hereby recommends the City Council introduce an ordinance to amend the Airport Area Specific Plan (AASP) and the Margarita Area Specific Plan (MASP) to allow day care facilities consistent with the restrictions that apply under the Municipal Code (SPEC-0209-2021), based on the following findings: 1.The proposed amendments to both the Margarita Area Specific Plan (MASP) and Airport Area Specific Plan (AASP) are consistent with the General Plan because it implements Land Use Element (LUE) Community Goals to create a balanced community and provides opportunities for child care within the City consistent with LUE Policy 3.8.2. 2.The specific plan amendments are intended to ensure consistency with zoning requirements with respect to childcare facilities as applied elsewhere in the City, as set forth in the Municipal Code. 3.Day care facilities that may be proposed as a result of the specific plan amendments would be subject to the same health and safety regulations as set forth in both applicable state law and within the Municipal Code Section 17.86.100. ATTACHMENT 1Item 3 Packet Page 85 Resolution No. PC-XXXX-21 Margarita and Airport Area SP Amendments (day care facilities), SPEC-0209-2021 Page 2 4. The specific plan amendments do not change the underlying policy framework or overall land use or circulation pattern envisioned in either Specific Plan. 5. The specific plan amendment will not be detrimental to the health, safety, and welfare of persons living or working within the MASP or the AASP or in the vicinity because the proposed day care uses will be compatible with the other uses allowed within the MASP and the AASP and will not cause impacts beyond those identified in the Final EIR for either the Specific Plans. 6. The specific plan amendments to the MASP and the AASP have been structured to comply with the existing San Luis Obispo County Airport Land Use Plan (ALUP) and the Draft Amended and Restated ALUP and would allow for day care facilities only on sites that are located within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft Amended and Restated ALUP. SECTION 2. Environmental Review. The project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule” exemption, because the proposed action will have no possibility of a significant effect on the environment and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the MASP. In this case, allowing day care facilities in these specific plans is consistent with the General Plan, are subject to restrictions set forth in the Municipal Code to ensure public health, safety and welfare and project specific environmental review will be required. SECTION 3. Action. The Planning Commission hereby recommends the City Council introduce an ordinance to amend the Airport Area and the Margarita Area Specific Plans as shown in the Draft Ordinance (Attachments 1) to this Resolution in order to allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code. Upon motion of Commissioner _________, seconded by Commissioner ___________, and on the following roll call vote: AYES: NOES: ABSENT: RECUSED: The foregoing resolution was adopted this 14th day of April 2021. ____________________________________ Tyler Corey, Secretary Planning Commission ATTACHMENT 1Item 3 Packet Page 86 O ______ ORDINANCE NO. ______ (2021 SERIES) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, AMENDING THE AIRPORT AREA AND MARGARITA AREA SPECIFIC PLANS TO ALLOW FOR DAY CARE FACILITIES CONSISTENT WITH RESTRICTIONS THAT APPLY CITYWIDE UNDER THE MUNICIPAL CODE (SPEC-0209- 2021) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a web based public hearing, on April 14, 2020, and recommended text amendments (Exhibits A and B, attached) to the Airport Area Specific Plan (AASP) and the Margarita Area Specific Plan (MASP) to allow day care facilities (SPEC-0209-2021); and WHEREAS, the City Council of the City of San Luis Obispo conducted a web based public hearing, on May 18,2021, for the purpose of approving the text amendments to the AASP and MASP; and WHEREAS, the City Council finds that the proposed amendments are consistent with the General Plan as amended, Zoning Regulations, and other applicable City ordinances; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties , and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT ORDAINED , by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule” exemption, because the proposed action will have no possibility of a significant effect on the environment and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the MASP. In this case, allowing day care facilities in these specific plans is consistent with the General Plan, are subject to restrictions set forth in the Municipal Code to ensure public health, safety and welfare, and project specific environmental review will be required. SECTION 2. Findings. Based upon all evidence, the City Council makes the following findings: a)The proposed amendments to both the Margarita Area Specific Plan (MASP) and Airport Area Specific Plan (AASP) are consistent with the General Plan ATTACHMENT 2 DRAFTItem 3 Packet Page 87 DRAFT Ordinance No. ______ (2021 Series) Page 2 O ______ because it implements Land Use Element (LUE) Community Goals to create a balanced community and provide opportunities for child care within the city consistent with LUE Policy 3.8.2. b) The specific plan amendments are intended to ensure consistency with zoning requirements with respect to childcare facilities as applied elsewhere in the City, as set forth in the Municipal Code. c) Day care facilities that may be proposed as a result of the specific plan amendments would be subject to the same health and safety regulations as set forth in both applicable state law and within the Municipal Code Section 17.86.100. d) The specific plan amendments do not change the underlying policy framework or overall land use or circulation pattern envisioned in either Specific Plan. e) The specific plan amendment will not be detrimental to the health, safety, and welfare of persons living or working within the MASP or the AASP or in the vicinity because the proposed day care uses will be compatible with the other uses allowed within the MASP and the AASP and will not cause impacts beyond those identified in the Final EIR for either the Specific Plans. f) The specific plan amendments to the MASP and the AASP have been structured to comply with the existing San Luis Obispo County Airport Land Use Plan (ALUP) and the Draft Amended and Restated ALUP and would allow for day care facilities only on sites that are located within Safety Area S-2 of the current ALUP and Safety Zone 6 of the Draft Amended and Restated ALUP. SECTION 3 . Action. The City Council of San Luis Obispo hereby 1) approves the text amendments to the MASP attached as “Exhibit A,” removing language prohibiting day care facilities within the specific plan and adding language allowing day care facilities subject to the regulations set forth in the Municipal Code, and 2) approves text amendments to the Airport Area Specific Plan attached as “Exhibit B,” removing language limiting the size of day care facilities and the requirements for a day care facility to connected to an employer and adding language allowing day care facilities subject to the regulations set forth in the Municipal Code. SECTION 4 . Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. ATTACHMENT 2 DRAFTItem 3 Packet Page 88 DRAFT Ordinance No. ______ (2021 Series) Page 3 O ______ SECTION 5. A summary of this ordinance, together with the names of Council members voting for and against, shall be published at least five (5) days prior to its final passage, in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at the expiration of thirty (30) days after its final passage. INTRODUCED on the 18th day of May, 2021, AND FINALLY ADOPTED by the Council of the City of San Luis Obispo on ____ day of _____________, 2021, on the following vote: AYES: NOES: ABSENT: ______________________________ Mayor Heidi Harmon ATTEST: Teresa Purrington City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this ____ day of _________________, 2019. Teresa Purrington City Clerk ATTACHMENT 2 DRAFTItem 3 Packet Page 89 DRAFT Ordinance No. ______ (2021 Series) Page 4 O ______ Exhibit A. Proposed Changes to the Margarita Area Specific Plan The following sections of the existing Margarita Area Specific Plan would be modified to allow for day care facilities in the specific plan area. General direction is shown in italicized brackets; specific proposed changes in text are shown in strikeout or underline: Pages 13-14. Section 2.1. Low-Density Residential (R-1-SP). Section 2.1.1. Uses. Low Density Residential areas are primarily for detached, single-family houses only. To maintain residential capacity and airport compatibility, uses such as churches, schools, and secondary dwellings are not allowed. However, day care centers and family day cares are allowed subject to regulations set forth in the Municipal Code. Page 16. Section 2.2. Medium-Density Residential (R-2-SP). Section 2.2.1. Uses. Medium-Density Residential areas are for individual detached houses on relatively small lots or groups of detached dwellings on larger parcels, and for attached dwellings where each is clearly identifiable by its form and relationship to yards and gardens. Figure 5 shows where dwellings must be detached. To maintain residential capacity and airport compatibility, uses such as churches, schools, and secondary dwellings are not allowed. However, day care centers and family day cares are allowed subject to regulations set forth in the Municipal Code. Page 20. Section 2.3. Medium-High Density Residential (R-3-SP). Section 2.3.1. Uses. Medium- high Density Residential areas are for attached dwellings, where each dwelling is identifiable by its form, or for detached dwellings on small lots created through a condominium or planned-development process. To maintain residential capacity and airport compatibility, uses such as churches a nd schools are not allowed. However, day care centers and family day cares are allowed subject to regulations set forth in the Municipal Code. Page 22. Section 2.4. High-Density Residential (R-4-SP). Section 2.4.1. Uses. A mix of housing densities, ownership patterns, cost and building types is desirable in the Margarita Area Specific Plan. High-Density Residential areas are intended for attached dwellings in close proximity to the core area. To maintain residential capacity and airport compatibility uses such as churches and schools are not allowed. However, day care centers and family day cares are allowed subject to regulations set forth in the Municipal Code. Page 23. Section 2.5. Neighborhood Commercial. Section 2.5.1. Uses. [Third paragraph in this section to be modified as follows.] Uses shall be as provided in the Zoning Regulations for the C-N zone, except that the following are prohibited: • Any commercial establishment occupying more than 465 square-meters (5,000 square- feet) gross floor area; • Schools, day-care centers, or public-assembly facilities; and • Service stations, car washes, or auto repair Page 26. Section 2.6. Business Park. Section 2.6.1.B. Allowed Uses Subject to Approval by Administrative Use Permit. [Add day-care centers to the list of allowed uses subject to an Administrative Use Permit.] ATTACHMENT 2 DRAFTItem 3 Packet Page 90 DRAFT Ordinance No. ______ (2021 Series) Page 5 O ______ Page 27. Section 2.6. Business Park. Section 2.6.1.D. Prohibited Uses. The following are prohibited: • Circuses, carnivals, fairs, festivals • Convalescent hospitals • Dwellings, except as provided in Business Park/Office • Homeless shelters • Hospitals • Schools, day-care centers, or public-assembly facilities Page 41. Section 4.1. Airport Compatibility. Types and Intensities of Land Use. The types and intensities of land uses described in Part 2 of this plan are intended to be consistent with the County Airport Land Use Plan. Several types of uses such as schools, and churches, and day-care centers that are typically allowed in residential and commercial zones in other parts of the city are not allowed in the Margarita Area. (However, because State law prevents the City from regulating state- licensed “family day care homes” and “residential care facilities” differently from single-family dwellings, there is a possibility that they may occur in the area.) The residential densities and their locations are meant to concentrate residential development in locations where it will have the least problems w ith Airport compatibility. ATTACHMENT 2 DRAFTItem 3 Packet Page 91 DRAFT Ordinance No. ______ (2021 Series) Page 6 O ______ Exhibit B. Proposed Changes to the Airport Area Specific Plan The following sections of the existing Airport Area Specific Plan would be modified to allow for day care centers in the specific plan area. General direction is shown in italicized brackets; specific proposed changes in text are shown in strikeout or underline: Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference to Note 1 attached to “Day care—Adult, Child Day Care Center” in the BP designation that restricts their development as a secondary use to business parks.] Pages 4-25 and 4-27. Table 4-3. Allowed Uses. SERVICES - GENERAL. [Remove the reference to Note 5 in the line item attached to “Day care—Adult, Child Day Care Center” in the CS and M designations, and eliminate Note 5 itself at the end of the table that refers to airport compatibility restrictions on day care centers.] 5. Allowed by right only in the S-1c and S-2 aviation safety areas (as defined in the ALUP), where an employer provides on-site childcare to 14 or fewer children for the exclusive benefit of employees. Larger facilities for employees may be approved by the Planning Commission, if allowed by the Airport Land Use Commission. Pages 4-22 and 4-27. Table 4-3. Allowed Uses. [Add new Note 5 to replace the previous Note 5 with the following text:] 5. Day care centers and family day cares are allowed within the Avila Ranch portion of the Specific Plan subject to regulations set forth in the Municipal Code. [A reference to Note 5 should be added to the following statement at the outset of Table 4-3:] NOTE: PLEASE REFER TO THE APPROVED AVILA RANCH DEVELOPMENT PLAN FOR ALLOWED USES IN THAT AREA (CITY COUNCIL RESOLUTION 10832) ATTACHMENT 2 DRAFTItem 3 Packet Page 92 AIRPORT LAND USE COMMISSIONOF SAN LUIS OBISPO COUNTYAIRPORT LAND USE PLANSAN LUIS OBISPO COUNTY REGIONAL AIRPORTPage 24-ALaguna LakeLaguna Lake ParkSan LuisMtn.Righetti HillIslay HillSouth HillsAirport Safety AreasRunway protection zonesSafety Area S-1b – Areas within gliding distance of prescribed flightpaths for aircraft operations at less than 500 feet above ground level,plus sideline safety areas, and inner turning zones and outer safetyzones for each runwaySafety Area S-1c – Areas not included in Safety Areas S-1a or S-1b, butadjacent (within 0.5 nm) to aircraft operations at less than 500 feet aboveground levelSafety Area S-2 – Areas with aircraft operations at 501 to 1000 feet above ground levelSafety Area S-1a – Areas with frequent or low-visibility aircraft operations at less than 500 feetabove ground level which are located within250 feet of extended runway centerlines andwithin 3000 feet of a runway end.AIRPORT LAND USE PLANSAN LUIS OBISPO COUNTY REGIONAL AIRPORTFigure 3AVIATION SAFETY AREASDistance Scale (feet)01000 3000 5000ATTACHMENT 3Item 3Packet Page 93 &KDSWHU²6FRSHRIWKH$LUSRUW/DQG8VH3ODQ6DQ/XLV2ELVSR&RXQW\5HJLRQDO$LUSRUW²$LUSRUW/DQG8VH3ODQ)LJXUH6DQ/XLV2ELVSR&RXQW\$LUSRUW6DIHW\=RQHV6RXUFH56 +ATTACHMENT 4Item 3Packet Page 94 Specific Plan Amendments Margarita Area and Airport Area Specific Plans – SPA to allow Day Care Facilities SPEC-0209-2021 Planning Commission Hearing April 14, 2021 Recommendation 2 Adopt the Draft Resolution recommending the City Council introduce an Ordinance to amend the Airport Area and Margarita Area Specific Plans to allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code. Project Location (Margarita and Airport Area SP) 3 Margarita Area Specific Plan Airport Area Specific Plan Background ◼The need for increased childcare opportunities is identified as a Major City Goal ◼In October 2020,City Council authorized staff to amend the MASP and AASP to allow for day care facilities consistent with the Municipal Code ◼Currently,day care facilities are prohibited in the MASP,and restricted to 14 children of onsite employees in the AASP 4 Project Description ◼The proposed action would amend the text of both the Margarita Area and Airport Area specific plans to allow for day care centers and family day care as defined in Sections 17.156.010 and 17.156.014 of the Municipal Code,subject to the requirements set forth in Section 17.86.100 of the Municipal Code ◼Proposed amendment language is included in the Draft Ordinance (Attachment 2) 5 Planning Commission Purview ◼Review the proposed Specific Plan Amendments ◼Make a recommendation to the City Council regarding the proposed amendments and whether to introduce an Ordinance to enact the amendments for the Airport Area and Margarita Area Specific Plans. 6 Analysis –Municipal Code Requirements ◼Section 17.86.100 of the Municipal Code allows for “Family Day Care”and “Day Care Centers” ◼Family Day Care (childcare within a residence,less than 24 hours) ◼“Small Family Day Care”means 8 or fewer children ◼“Large Family Day Care”means 9-14 children ◼“Small Family Day Care”and “Large Family Day Care”are considered residential uses,and allowed in any zone that allows residences 7 Analysis –Municipal Code Requirements ◼Day Care Centers (non-medical facilities,less than 24-hour care) ◼Day Care Centers also include preschools and nursery schools ◼Day Care Centers are allowed by right in office zones and most commercial zones–and with a Minor Use Permit in C-D, C-T and C-S zones ◼Day Care Centers are also allowed in residential, manufacturing and business park zones with a Minor Use Permit 8 Analysis –Existing SP Regulations ◼Margarita Area Specific Plan ◼Day Care Centers are prohibited ◼Family Day Care is not clearly addressed ◼Airport Area Specific Plan ◼Day Care Centers are allowed on a very limited basis in C-S, M and BP zones:no more than 14 children of onsite employees ◼Day Care Centers not allowed in other zones ◼Family Day Care is not addressed,because the AASP does not describe residential uses (except in the Avila Ranch area, where the issue is also not directly addressed) 9 Analysis –Airport Land Use Plan ◼Current ALUP allows for Day Care Facilities as a “Special Function”,allowable in Safety Area S-2 ◼ALUC currently updating the ALUP (anticipated to be adopted May 2021).Day Care Facilities are a compatible use within Safety Zone 6 (revised map has revised safety zones) ◼MASP and AASP amendments structured to comply with both existing and updated ALUP ◼Would only allow for Day Care Facilities in Safety Area S-2 (under the current plan)and Safety Zone 6 (under updated plan) 10 Analysis –SP Amendments ◼Margarita Area Specific Plan ◼Minor text changes in residential zone descriptions to allow for Day Care Centers ◼Eliminate language prohibiting Day Care Centers in commercial and business park areas ◼Update discussion of airport compatibility to be consistent with ALUP regulations ◼Airport Area Specific Plan ◼Update Table 4.3 (land use table)to allow for Family Day Care and Day Care Centers consistent with the Municipal Code ◼See Draft Ordinance Exhibits A and B for detailed language 11 Environmental Review ◼The project is exempt per CEQA Guidelines Section 15061(b)(3), the “general rule”exemption ◼The proposed amendments will have no possibility of a significant effect on the environment and will not cause impacts beyond those identified and evaluated within the EIRs of the AASP or the MASP. 12 Recommendation 13 Adopt the Draft Resolution recommending the City Council introduce an Ordinance to amend the Airport Area and Margarita Area Specific Plans to allow for day care facilities consistent with restrictions that apply citywide under the Municipal Code.