HomeMy WebLinkAbout09/15/1992, 3 - CONSIDERATION OF A PLANNING COMMISSION RECOMMENDATION TO AMEND THE ZONING REGULATIONS REGARDING DAY CARE FACILITIES (R 132-92). 1114INNI�V1$1lii
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM: Arnold Jonas, Community Development Director
PREPARED BY: Whitney McIlvaine, Assistant Planner
SUBJECT:
Consideration of a Planning Commission recommendation to amend the
zoning Regulations regarding day care facilities (R 132-92) .
CAO RECOMMENDATION:
Introduce an ordinance to print, in summary form, approving a
mitigated negative declaration of environmental impact, and
amending the Zoning Regulations for day care, as recommended.
DISCUSSION:
I
The Planning Commission has recommended revisions to the Zoning
Regulations affecting day care facilities. Current regulations do
not clearly distinguish between different types of day care, and
the permitting process specified in the regulations is inconsistent
with State law. Proposed revisions would ensure that regulation of
large family day care homes is consistent with State law and City j
child care policy.
Proposed amendments would define different types of day care and
clarify City requirements for each; reduce the cost of City review
for day care providers by reducing the required level of review;
establish more specific compatibility standards for day care
facilities in residential settings; and outline a use permit
procedure which meets State law requirements. Consistent with a
City Council resolution (adopted April 7 , 1992 , and attached to
this report) aimed at increasing day care opportunities throughout
the community, certain types of day care facilities would be
allowed in two zones where they are not currently permitted.
A draft text amendment as well as a summary of the proposed day
care permitting process is attached, as Exhibit A. j
City Policy and General Plan Consistency
Proposed changes to the Zoning Regulations are consistent with City
land use policy. Please refer to attached environmental initial
study. On April 7th, the City Council adopted a resolution
establishing a guideline for all City actions affecting child care.
The attached Council report and resolution focus on the need for
quality child care in the community, as a service increasingly in
demand for working parents.
State Law Consistency
The State of California also recognizes the need for expanded child
care opportunities, and has adopted legislation which limits the
extent to which a city can regulate family day care homes. A
discussion, prepared by the Assistant City Attorney, of the effect
of State legislation on the City's regulatory authority is
attached.
State law specifically defines "small family day care homes" and
"large family day care homes, " and outlines how local governments
may or may not regulate them. Small family day care homes,
providing care to 6 or fewer children, cannot be regulated by local
government. Large family day care homes can -be regulated, subject
to certain parameters. State law does not preempt a city's ability
to regulate "day care centers. " The existing Zoning Regulations do
not distinguish between family day care homes and day care centers;
nor are the use permit procedures for large family day care homes
consistent with state law.
In the case of large family day care homes, which serve up to
twelve children in a residential setting, State law provides cities
and counties with three options:
1. Classify the homes as permitted uses.
2 . Grant a nondiscretionary permit (like a building permit) to
any large family day care home which meets local ordinance
standards. With this option, noticing is not required and
decisions are not subject to appeal.
3 . Grant a discretionary permit to any large family day care home
which meets ordinance standards. This options allows for
noticing and appeals, subject to specific limitations. Public
hearings cannot automatically be scheduled, unless requested
by the applicant or other affected persons.
State law also specifically limits the scope of ordinance
requirements. Local ordinances can only prescribe standards
related to .spacing and concentration, traffic control, parking, and
noise control. In addition, local governments are required to
process any required permit as economically as possible.
Recommended changes to the Zoning Regulations are consistent with
the third option, thereby allowing the City to retain some
discretionary control without placing an onerous burden on
applicants. Director approval of an administrative use permit
would be required for large family day care homes. The Zoning
Ordinance would specify performance standards, and public notice
and hearing procedures consistent with State law.
Proposed Changes by Type of Day Care
Small Family Day Care - These facilities provide care to 6 or fewer
children in a residential setting and cannot be regulated by local
2
3-h
government. They are subject only to the same standards that apply
to any residential dwelling. Current regulations acknowledge this.
Proposed amendments would merely clarify the definition of this
use, distinguishing this type of day care from "large family day
care homes" and "day care centers. "
Large Family Day Care Homes - These facilities provide care for 7
to 12 children in a residential setting and can be regulated by
local government, within limits set by State law. In the current
regulations, this type of day care is classified as "nursery
schools" or "child day care. " A conditional use permit is
required, subject to public hearing and noticing requirements that
conflict with the procedure specified by State law.
Current procedures for any child care facility serving more than 6
children require a public hearing and mailed notice to occupants
and residents within 300 feet of the proposed day care site. State
law precludes a hearing for large family day care home
applications, unless requested by the applicant or other affected
person, and limits noticing to property owners within 100 feet. By
law, the scope of any ordinance requirements for family day care is
limited to four specific areas -- parking, traffic, spacing and
concentration, and noise control.
Proposed amendments would specifically define large family day care
homes and establish a conditional use permit process that is
consistent with State law. The Community Development Director
would review and act on applications, rather than the
Administrative Hearing Officer or the Planning Commission. An
application would be subject to specific standards related to
noise, parking, spacing and concentration, and traffic control.
Please refer to the attached draft amendment in Exhibit A.
Day Care Centers - Current regulations classify these as "nursery
schools" and "child day care. " Where permitted, a conditional use
permit is required, except in the Office zone, which is the only
zone where day care centers are allowed without a conditional use
permit. The only standard specifically applied to this use is a
parking requirement.
Proposed amendments to the Zoning Ordinance recommend the term "day
care center" in order to be consistent with the legal definition
offered by the State. The State does not limit a local
jurisdiction's authority to regulate day care centers. Proposed
changes would allow day care centers to be located in the Central
Commercial and Tourist Commercial zones, where they are currently
prohibited. Proposed changes would reduce the level of review
required for this use, but would subject day care centers to
additional standards related to noise, spacing and separation, and
traffic control.
For a summary of the proposed changes to the locations available
3
33
for day care centers and the level of review that would be
required, please refer to "Changes to Table 9 - Uses Allowed by
Zone" in the attached Exhibit A.
CITIZEN PARTICIPATION
On August 12, 1992 , the Planning Commission voted unanimously (5-0,
with 1 vacancy and 1 absence) to recommend approval of this
amendment. There was no public testimony and no written public
comment has been received.
ALTERNATIVES
The City Council may adopt any zoning provisions which do not
conflict with State law, the General Plan, or sections of the
Zoning Regulations which are to remain. Or the Council may
continue action with specific direction to staff.
Denial would not be appropriate since our present regulations must
be changed to be consistent with State law and the Council
resolution establishing a child care policy.
Attachments:
draft ordinance amending the zoning regulations, and summary
planning commission minutes 8/12/92
council report and resolution on child care
legal summary of state day care law
initial environmental study
wmL:daycare\r132-92
4
ORDINANCE NO. (1992 SERIES)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO
AMENDING THE ZONING REGULATIONS FOR DAY CARE FACILITIES (R132-92)
WHEREAS, the Planning Commission and the City Council
have held public hearings to consider appropriate zoning
provisions in accordance with the California Government Code; and
WHEREAS, the City Council finds that the proposed
zoning provisions are consistent with the general plan; and
WHEREAS, the City Council has considered the potential
environmental impacts of the new regulations, evaluated in
initial study ER132-92; and
WHEREAS, the proposed amendment promotes the public
health, safety and general welfare;
BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council determines that there will be
no significant environmental impacts as a result of amending the
regulations, and hereby approves a negative declaration of
environmental impact.
SECTION .2. The Zoning Regulations are hereby amended
by the addition of Section 17. 08 . 045, Changes to Table 9 - Uses
Allowed by Zone in Section 17 .22 . 010, and other miscellaneous
changes for internal consistency, all of which are fully
contained in the attached Exhibit: A, included in this ordinance
by reference.
SECTION 3 . A summary of this ordinance, approved by
the City Attorney, together with the votes for and against, shall
be published once, at least five (5) days prior to its final
passage, in the Telegram-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 AND PASSED TO PRINT by the Council of the
City of San Luis Obispo at its meeting held on the day
of , 1992, on motion of ,
seconded by and on the. following roll
call vote:
AYES:
NOES:
ABSENT:
3S
Ordinance No. (1992 Series)
Page 2
Mayor
ATTEST:
City Clerk
APPROVED*
City A inistrative officer
tt me
Community Dev 1 pment Director
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3-�
EXHIBIT A
Draft Zoning Text Amendment
17.08.045 Day Care Homes and Centers
A. Intent. The provisions set forth in this section are intended to enable child care
opportunities throughout the city, to ensure that day care facilities will be compatible with
residential uses, and to comply with Section 1597.30, et sea. of the Health and Safety Code
of the State of California.
B. Definitions.
1. "Child day care facility" means a facility which provides nonmedical care to children
under 18 years of age in need of personal services, supervision, or assistance essential for
sustaining the activities of daily living or for the protection of the individual on less than a
24-hour basis. Child day care facility includes family day care homes and day care centers.
2. "Family day care home" means a home which regularly provides nonmedical care,
protection, supervision, and/or instruction of 12 or fewer children, in the provider's own
home, for periods of less than 24 hours per day, while the parents or guardians are away,
and includes the following:
a. "Small family day care home" means a home which provides family day care to six
(6) or fewer children including children under the age of 10 who reside at the home.
b. "Large family day care home" means a home which provides family day care to 7 to
12 children, inclusive, including children under the age of 10 who reside in the home.
3. 'Day care center" means any child day care facility other than a small or large family day
care home, which regularly provides nonmedical care, protection, supervision, and/or
instruction to 7 or more children, for periods of less than 24 hours, and includes nursery
schools and preschools.
C. Permits Required.
1. Small family day care home. Small family day care homes are considered a residential
use for purposes of zoning regulation. They may be established in all zones where dwellings
are allowed. No use permit is required.
2. Large family day care home. The operation of a large family day care home requires
Community Development Director approval of a day care permit, consistent with the
provisions of this section. Large family day care homes may be established in any zone
where dwellings are,allowed.
3. Day care center. Operation of a day care center requires an administrative use permit
where not otherwise allowed or prohibited, consistent with Section 17.22.010 Uses Allowed
by Zone and Section 17.58 Use Fermirs. Day care centers are subject to the performance
3- 7
standards outlined below in this section. When day care centers are accessory to another
use requiring a permit, only one permit application need be filed and acted on. As
accessory uses to schools and churches, they are allowed by right, providing the primary use
meets City parking standards.
D. Day Care Permit.
1. Day care permits shall be required for large family day care homes only.
a. Noticing. Not less than 10 days prior to the Director's action to approve or deny a
day care permit, mailed notice of the proposed use shall be given to all property
owners within no more than a 100 foot radius of the exterior boundaries of the
proposed large.family day care home. If no questions or objections are received by
the Community Development Department within ten days from the mailing of these
notices, the Director may approve the day care permit request upon submission of
all required information and without further notice or public hearing.
b. Public Hearing. No public hearing shall be required for day care permits unless
requested in writing by the applicant or any other affected persona
C. Permit Approval. The Director is authorized to approve day care permits, subject
to the appeal provisions of Chapter 17.66 of this Title. In accordance with California
Health and Safety Code Section 1597.46(a)(3), the Director shall approve a day care
permit when he or she determines that the proposed facility:
1. complies with all applicable provisions of the Fire Department regarding
health and safety; and
2. complies with property development standards contained in Chapter 17.16 of
this Title and with city sign regulations; and
3. has been issued a large family day care home license from the State of
California, Department of Social Services; and
4. will satisfy performance standards of this'section relating to noise, traffic,
parking, and spacing and concentration.
E. Performance standards for large family day care homes and day care centers.
1. Noise. The day care facility shall be subject to all applicable provisions of the Noise
Ordinance (Chapter 9.12 of the San Luis Obispo Municipal Code). Where the day care
facility is adjacent to housing in a residential zone, outdoor play shall be prohibited prior
to 9:00 a.m.
2. Traffic. Designated delivery and pick-up areas shall not pose any traffic or safety
hazards. Operators of day care homes and centers shall provide.carpool matching services
to all clients.
3. Parking. On-site parking must be provided at a ratio of one space per 300 square feet
of the gross floor area devoted to day care use. ,Large family day care homes shall also
provide 2 spaces for the residential use. See Section 17.16.060 of this Title.
4. Spacing and Concentration. Large family day care homes and day care centers,
established after the effective date of this ordinance in a residential zone, must be located
a minimum of 200 feet from the perimeter of properties containing existing day care
facilities,except that large family day care homes and day care centers may be located closer
to small family day care homes.
F. Exceptions. Nothing in this section shall prohibit applicants from requesting exceptions
or variances from the strict interpretation of zoning regulations to the extent allowed by said
regulations. The Director may authorize minor exceptions to performance standards upon
finding that:
1. The modification is in accord with the intent and purpose of the zoning regulations, and
consistent with City child care policy.
G. Nonconforming status. All large family day care homes and day care centers licensed
by the State at the time of ordinance adoption shall be considered legal nonconforming uses,
consistent with Chapter 17.10 of these regulations, except that nonconforming day care
homes may not be changed to another nonconforming use.
�-9
Miscellaneous Changes to the Zoning Text
17.04 Definitions
See:SecriDn 17.OS:f)4S Day CarenIlome�'aid<Centers,x{Qrd , x,992
17.04.150 F. Nursery school '
...:tl:..>,>:;.:•_>tt i:n yp>:N>::v»:..,..��...:::.::.: ::::<:; ?:.:.......................
ir
(omt current language) See Settion i7 08045, day Care domes and Centers.
n.v.nn,,.
17.08.040 Home Occupation.
D. Prohibited Uses
6. aila ewe-er fner-ethansix ehildr-eft er iffitfuefieftt thaft three „h_„1
^o
ehil&ea eF a-41-13t; At ema ti (net residents ef the heme);
o
17.16.060 Parking space requirements.
Table 6
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�3
...!ray
..... M, Y..n *W� :.'�>:'. .IvY:n ::n�.v� n: y .::4n4J:.t x:Y1• .:v x�.n•w
.......... nvn..rv..::tn..`.:n:xn..::t:.v.;,•.Y
y3ay pare;ceder:= C3me'spar per3tQ squareeetryfl€grossYioor area
..n wM . .... .y:...w . :.�nvn.. w ov.
Schools:
Nurse school " escoo'I'' She '5t "iia"`"a "<` - One space per 300
Nursery � e�eafe � � Y ��
square feet gross floor area
/d
17.22.010 Uses allowed by zones.
Changes to Table 9 - Uses Allowed by Zone (Affected zones and changed approval
requirements are highlighted.)
R- .R=2 R-3 R-4 C/OS O PF C 1 C C C WO T C-S M
Current Listing:
Schools
-Nursery school, child day care PG PE D D A D D — D — D D
Proposed Listing:
Day care
-Family day care homes
(See Section 17.08.045)
Day care center' D "I7 D D A D '€': I3< ' D D
Schools
-Nursery school' PEA D D A D €< D€MA D D
..
(see Day care)
Notes:
"A" - Allowed
"D" - Director approval required
"A/D" - Director's approval required on the ground floor; allowed above
"PC' - Planning commission approval require.
Allowed by right where accessory to a church or school, providing the primary use meets
City parldng standards.
2
3W.
[SUMMARY]
ORDINANCE NO. (1992 Series)
Amending the Zoning Regulations for Day Care Facilities
On , 1992, the San Luis Obispo City Council
voted to to introduce Ordinance No.
(1992 Series) , which adds Section 17. 08 . 045, adds "day care" as a
new use category in Section 17. 22 . 010, and makes other
miscellaneous changes for internal consistency. Specifically,
the proposed amendment would:
1. Define different types of day care and clarify City
requirements for each type;
2 . Reduce the cost of City review for day care providers by
reducing the required level of review. (Use permit
applications would be subject to approval by the Community
Development Director rather than the Planning Commission) ;
3 . Establish more specific compatibility standards for day care
facilities in residential settings. (Standards are related to
noise, traffic, parking, and spacing and concentration) ;
4 . Outline a use permit procedure for day care in a residential
setting which meets State law requirements; and
5. Increase day care opportunities throughout the community, by
allowing day care centers in two zones : where they, are not
currently permitted - the Commercial Tourist and Central
Commercial zones.
This ordinance also determines that there will be no
significant environmental impacts as a result of amending the
regulations as recommended.
The Council must vote again to approve the ordinance before it
can take effect. That action is tentatively scheduled for ,
1992, at a regular City Council meeting to begin at 7: 00 p.m. in
the Council Chamber of City Hall, 990 Palm Street.
Copies of the complete ordinance are available in the City
Clerk's office (Room #1) at City Hall, 990 Palm Street. For more
information, contact the Community Development Department at 781=
7171.
AUGUST 12 , 1992
DRAFT PLANNING COMMISSION "IINUTES
Arnold Jonas adv, _d conditions not be place;'': )n denials , but
that that recommendation could be made to the Architectural
Review Commission for consideratio .
Commr. Karl-eskint asked if staff ver conditioned a secondary
unit to 10-amp circuits to preveit a secondary residence.
Arnold Jonas said he did not kn w if that would be possible, but
that it might be if the additi was a storage unit .
Commr. Settle said a legal li itation allowing granny units might
be a factor.
Arnold Jonas explained the tent of the State action was to
generate affordable housin by allowing a second unit on a lot
precluded by R-1 zoning. a said state standards would override
single family zoning. He . xplained the City adopted standards in
conformance with state st: ndards , when it* required granny units
to be attached to main s uctures .
VOTING: AYES - Co rs . Settle, Peterson, Cross , Williams ,
an Karleskint .
NOES - N e.
ABSENT - mmr. Hoffman.
The motion passed.
Commr. Cross sugg ted that a recommendation be sent to the
Architectural Rev ew Commission regarding the review of the
project .
Commrs . Settle nd Karleskint agreed.
-----------------------------------------------------------------
Item 3 . Rezoning R 132-92 . Consideration of an amendment to
the Zoning Regulations regarding day care facilities ;
City of San Luis Obispo, applicant .
-----------------------------------------------------------------
Whitney McIlvaine presented the staff report and recommended the
Commission approve the amendment to the Zoning Ordinance which
would ensure that City regulation of large day care homes would
be consistent with State law and City child care policies .
Commr.' Cross expressed concern that increased traffic might be a
concern and the Circulation Element should be considered.
Whitney McIlvaine explained that staff examined the Circulation
Element and determined that large day care homes would not cause
traffic to significantly increase. She explained that the
highest increase in traffic per day would be 24 trips , if each
child arrived and left the day care home individually, which was
not a high enough volume to impact daily trips on the street .
She said the spacing requirement for large day care homes would
help to alleviate cumulative traffic impacts .
�l3
Commr . Karleskint -felt the increased traffic driving past the
homes of other residents was not as significant a problem for adjacent
neighbors as 24 stops at the center to drop and pick up children.
Whitney McIlvaine said carpooling would be encouraged and some
children who live nearby might be able to walk to the day care
center.
Cindy Clemens said as proposed, the Zoning Regulation Amendment
complied with State standards .
Arnold Jonas said that the amendment was unclear as to whether
the 200-foot spacing between large day care facilities should be
measured from property lines or from buildings containing day
care facilities .
The Commission indicated that it preferred the 200-foot spacing
to be measured from property lines .
Arnold Jonas suggested that the words "existing day care sites"
under E-4 of the Day Care Amendment be replaced with the words
"property containing existing day care facilities . "
In answer to a question by Commr . Karleskint , Whitney McIlvaine
said spacing and concentration standards cannot be applied to
small family day care facilities .
Cindy Clemens said that State guidelines require day care
facilities for six or fewer children to be treated as single
family residences without any restrictions being placed upon
them. She said small family day care facilities could be located
next door to each other .
Cindy Clemens suggested that a statement under A be added which
said that it was also the intent to comply with State Law on day
care facilities.
Whitney McIlvaine confirmed that the changes the Commission was
making to the draft zoning text amendment would also be made in
the environmental study.
Commr. Karleskint suggested that every time the 300 square feet
was mentioned for parking requirements , it should specify that
the 300 square feet was the area of the residence being used for
day care facilities .
In answer to a question by Commr. Cross , Cindy Clemens explained
that State Law does not allow water use to be regulated for day
care facilities .
Commr . Williams moved to concur with the Environmental Initial
Study and to recommend that the City Council adopt the proposed
changes to zoning regulations for day care as amended by the
Commission.
Commr . Settle seconded the motion .
J-A�
VOTING: AYES - Commrs . Williams , Settlt- . Cross , Peterson ,
and Karleskint .
NOES - None .
ABSENT - Commr . Hoffman.
The motion passed.
Cindy Clemens and the Commission thanked staff for its work on
the drafting of the amendment .
COMMENT AND DISCUSSION
In answer to a question by Commr. .�Peterson, Arnold Jonas said a
resident of the Crossroads complained and requested a noise study
be done regarding the gym studi
Commr. Cross suggested that th Commission meet to discuss the
intent behind planned develop nts . He expressed concern about
recent planned developments , uch as Stoneridge.
Commr. Settle felt that the ' ommission should examine
performance standards and rmit conditions of PD applications .
Commr. Cross said he foun it difficult to make the findings
required for PD designat ' ns .
In answer to a question y Commr. Williams , Arnold Jonas said
staff was looking into roperties adjacent to the Villa Rosa for
possible rezoning. H said a request has been received to
rezoning an adjacent iece of property.
The meeting adjourne at 8 : 55 p .m. to a special meeting of the
Planning Commission cheduled for Wednesday, August 26 , 1992 , at
4 : 00 p .m.
Respectfully submitted,
Diane Wright
Recording Secretary
J-/Ci
MEETING OATS__.___-.
COrN 1411u y� 1 7. 992---
i � Cly 0� SG11 1 L�..I S �B�Sp� ITEM NUMBER: , -.
COUNCIL"AGENDA REPORT -
FROM:L:-: -. Ann.McPike, Director.of Personnel ;r.��
SUBJECT: Adoption of'a Child Care Policy
'iii::• . � _ , ...,.. .. �L..
'n
CAO RECOMMENDATION: Adopt a Resolution Establishing a Child Care Policy for
�; :.. the City of San Luis -Obispo
DISCUSSION_
BACKGROUND
The City Council of San Luis Obispo has understood for many years that good child care is
an asset to the community, a stimulus to the local economy, a source of strength and
support for families, and a positive experience for children.
They have recognized that the community's children are its future. If San Luis Obispo is to
continue to be a vital and viable City, young families must be encouraged to live and work
in San Luis Obispo and the City's success in this effort will depend greatly on insuring the
safety and well-being of the children in our community.
Responding to the urgency of the community's child care needs, many California cities have
in recent years adopted new child care policies- and programs. These agencies have
discovered that child care policies are a benefit not only to employees but also to employers
who can expect to see reduced turnover, less absenteeism and tardiness, improved i
recruitment, increased productivity, and less stress for working patents. These kinds of
bottom line results serve as economic incentives for employers. Although San Luis Obispo
has been aggressive in addressing the child care needs of its own City employees as well
as the child care needs of the community, the City has no formal child care policy.
i
On April 29, 1991 , the City Council directed staff to develop formal policies related to child
care...The intent of the policy is to acknowledge what the City is currently doing to support
child care, to provide direction for future activities the City can undertake as an employer
and as a community leader, and to stimulate action on the part of employers throughout the
community to get involved in child care assistance for their dmployees. By adopting a formal
policy the City will demonstrate its commitment to the families of the community by clearly
articulating its support of.child care. .
A-committee comprised_ of key staff from the Administration, Recreation and. Personnel
Departments met to discuss what the City is currently doing in the area of child care and
what options are available for future opportunities. The questions they sought to answer.
were: _ -
9!.-. .What is the City. of San Luis Obispo doing as an employer? ,
What is the City of San Luis Obispo doing for the community?-r---
What can the City of San Luis Obispo do in the future?
In„seeking the answers to those questions, it has become clear that the City's role as an
��. ,� -City of San t oBIspo _
�._
Ami
COUNCIL AGENDA'REPORT° '
amployer�can be a model for other employers to follow. The current level of involvement
demo`nsv_aies�City commitment to .the provision -and support of child care services. as
essential to the well-being of a community.
What is`the'City of San Luis Obispo doing as an employer?
is
TheeCity_of..San Luis Obispo strives to be a model employer in terms of responding to
employee :child care needs. Although employer assisted child care support systems are an
employee benefit and as such subject to state law governing the City's duty to negotiate_ .
with employee associations, the City currently has a number of programs in place that are
indirect response to child care needs. The list includes: _
Flexible Spending Accounts (FSA)
Employees are able to set aside a specified amount of salary held in an account-
to be used to reimburse child care expenses with pre-tax dollars. This benefit
• provides employees who have child care expenses with a tax advantage.
F >L Flexible Scheduling
In many departments, employees are allowed flexible schedules not only in starting
Zer and-quitting times ; but also in - some cases, compressed work weeks to
'a;,accommodate special family schedules.
-' •i ' L Family Care Leave i
Currently, City employees can use a portion of their sick leave if they are required
to be away from the job to personally care for a member of their immediate family.
The California Family Rights Act of 1991 became effective January 1 , 1992.
Under the Act, all employers with 50 or more employees will be required to allow i
= employees to take family leave for up to a total of four months within a twenty-
. .-.;--"-: ..four month period. Although the City has an informal policy of allowing mothers
--to take unpaid leave for typically four months after the birth of a child, this
y ` .legislation will enable the City to formalize its practice. ;
YhA4.1 IThe-Fair Employment and Housing Commission charged with enforcing the Act is-
__. Jn7the process of developing regulations that should be enacted after a- public
comment period. Once the regulations are finalized, the City will enter into
'•' negotiations with our employees to implement the mandated benefits. .-
'IWOi -Child Care Assistance -
-- The Employee Assistance Program provides child care assistance to help
employees assess their child care needs;.identify and evaluate appropriate child
"�"—M care options. Employees access this benefit through a twenty-four hour 'hotline'
telephone number and can receive immediate assistance if faced with a crisis
situation and/or a timely response to non-crisis inquiries about child care services.
_�....--. .... _ _
Assessing the employees' needs is a critical task that has been undertaken by the
Association as:well as City management. The Recreation Department conducted a survey
last Fall. That survey indicated that of the 54 employees with children who responded there .
are 23 children of employees from infant to three years old, 20 children within the ages of
2
3-1r
city o� San Is OBISp0
COUNCIL AGENDA REPORT
three to five years and 47 children six to twelve years old. Of those parents who have the
younger preschool children (infant to five years of age) almost 75% reported an interest in
a 66
.y. child care program. The Recreation Department reports that the community
currently has adequate child care programs for toddlers but has inadequate infant care
programs. The department through its involvement with Community Partners in Child Care
is_ezploring ways of meeting that need.
What is� the City of San Luis Obispo doing for the community?
Z.
The City of San Luis Obispo responds to the community's child care needs in three major
areas:. child care permitting and land-use regulations, child care programming in the
Recreation Department, and child care as a Human Relations Commission concern.
Child Care Permitting_and Land-Use Issues
Beyond the role. of employer, the City Council as policy makers has taken further steps to
support child care assistance throughout the community. The Draft Land Use Element of the
General Plan takes a policy position to promote child care by stating: "New, major employers
should contribute to provision of child care and elder care for their employees."
- I
Withiri the last year, the Council revised the zoning ordinance to broaden regulations to
include on site child care as an acceptable use in service commercial and manufacturing
zones (C-S and M). This step allows employers to locate child care facilities near
concentrations of employment. Blake Printery was the first private sector employer in San
Luis Obispo to develop such a facility and other major employers in commercial and industrial
areas' are also expressing interest in on-site facilities. Currently, child care facilities are
allowable in every zone with the exception of conservation/open space, central commercial
and tourist commercial. Under the "planned development" approach, however, child care
facilities could be allowable within all commercial zones.
Acquiring a use permit for a child care facility requires approval of the hearing officer in the
Community Development Department, which is the City's least administratively intense
process. It does not require Planning Commission nor City Council approvals which reduces
costs"and time for the applicant.
.-Fa-"-err-� -examp. ,
These are les of how the City Council has intended to increase the accessibility of
child:care facilities and services through the development of partnerships between the public
and''private sectors for those who reside and work within the City. These approaches do
not-.actually generate funds to support child care programs, but instead, produce cost
savings and make it easier for private individuals or organizations-interested in providing child i
ca;ei ,the City.
Child Care Programming in the Recreation Deoartment
In�add.ition to supporting child care assistance by adopting processes and policies that
expedite the development of child care facilities within the City, the City Council funds
programs in the Recreation Department that provide licensed child care to over five hundred
childten'in the community. The "Little Rec'ers" program daily serves approximately thirty
pre-School youngsters while "Sun and Fun" serves 500 school age children at various school
sit iKroughout the City. These are licensed programs that provide working parents with
safe::reliable and attentive child care. The City funds approximately $200,000 per year for
Sun. and Fun, and $45,000 annually for Little Rec'ers excluding indirect costs.- Currently,
3
-city of San L 6 OBISPO
COUNCIL AGENDA REPORT-
5A-df
EPORT"5096of.the program costs are recovered through fees.
Child Cgre-as a Human Relations Commission (HRC) Concern
As,^part of the human relations program, the HRC provides grants-in-aid to various`social
services organizations. The category of children's services received grants totalling $1 1,000.
Funds were granted to organizations to assist with the coordination of child care services,
e:g: EOC Community Partners in Child Care and EOC Child Care Resource Cdnnection whose
grants will be devoted to child care provider training, recruitment and licensing._
1.C1 I
Additionally, HRC funded the majority of the materials and supplies for San Luis Obispo Child.
Development Center for their daily therapeutic child care program. The Child Development
Center targets-low income and at risk children.
i
The HRC as part of its work program conducted a human needs assessment to get a better
understanding of the problems affecting the community and to find which social services are
most needed. Adequacy and availability of quality child care was one area surveyed. The i
needs assessment pointed to the lack of affordable, quality child care as one of the most
pressing problems facing the community. The City Council will be reviewing the.assessment i
in .the next few months and will use the information generated as ,a guide to evaluating j
futur'e'programs and policies. i
What can the City do in the future?
There are a number of options the City Council may want to consider that would serve to
expand its role as a supporter of child care as it seeks to meet the needs of its employees
and the community at large.
Meeting the Needs of Emolovees
Last month, the City entered into negotiations with the San Luis Obispo City Employees
Association, the City's largest bargaining group. In that forum, other child care options will
undoubtedly be explored and agreed upon as part of the negotiated agreement. Job sharing,
voluntary reduced time, parental leave, dependent care assistance plans, parental education i
programs.- reimbursement/voucher programs, family day care home networks, and on-site I
centeirs`'are options that are possible and may be evaluated in the context 'of, cost-
effectiveness and employee.need. _ _-
Mekina the Needs of the Community
"K: _
The City can seek to develop and enhance partnerships that will lead to the development of
more-affordable and quality childcare. The following options are currently in place in other
California agencies. Some of these options are similar, but all have unique elements that
deal with the meeting the need for more child care. .
r4Ffz-:a:.,. .. _.. . .. _ .. ... •v it 4 .:o vi .evsJ.✓raa ...
• Develooer Incentives or Bonuses '
- =' In order to encourage developers to include child care facilities in:their.projects,
ter.
incentives can be designed with the goal of increasing the supply *of childcare.
particularly in areas where there are high concentrations of employment.
Incentives can range from reductions in development requirements' to . City
participation in industrial revenue bonds for industrial developers willing to provide
child care facilities.
4
-city-c� of san L.AIs ogIspo
'Am
MMZa COUNCIL AGENDA REPORT
,.�►:: ;;`Linkage
definition, linkage, as related to child care, is a requirement, usually in the form i
of;an ordinance, that developers construct child care facilities on or near their
development site or pay a fee into a community fund for child care purposes.
Proponents of this option argue that developers should bear some of the
responsibility for the increased demand for services their projects generate, such
as child care. The consideration of any linkage ordinance is likely to be
controversial. There must be a direct connection between a new development and
- - the need for additional community child care facilities. Governments typically ;
implement linkage to address the supply or quality of child care, or to improve its
'a-accessibility to targeted groups.
• Development Agreements
This alternative represents a potential mechanism for the construction of child care
- - - -- _ facilities, and would complement the 'linkage' option. Development agreements
between the City and a developer set forth the basic outline of a particular
development. They are designed to allow the City and a developer to enter into
an agreement corresponding to the specific problems that are raised by a particular f
development. Such agreements could provide for dedication of property for child
=-T care facilities, payment of child care fess or actual construction of child care
facilities as part of the project.
e!' .Sn I
...: No Fee Child Care Ordinance
Some cities require developers to mitigate the impact of development on child care
services. The requirement is referred to as "no fee" because it contains no in-
lieu fee requirement. The developer may choose the method of meeting the child
care needs caused by the project. Some agencies require that any business of
- - 100 or more employees make provisions for child care. These agencies encourage
the integration of child care facilities with other uses such as schools, recreation
areas and churches.
• Financing for New Facilities and Programs
-�--An option some California cities have exercised revolves around developing
&n=financing vehicles that generate funding for child care projects. These include j
44�isyrcharges on Business License Fees, developer fees, Mello-Roos bonds, and
grants available to the City through state, federal and foundation sources.
Although the options listed above may provide opportunities to expand child care services
in the community, given the current rate of growth, the City's practice of addressing impacts
on.child..care: as projects are proposed on a case-by-case basis is appropriate. As an
example',1ttie'Margarita Specific Plan will include uses that allow child care facilities. As
largeresid-erttial "and commercial developments are proposed in the future and the- City's
resident--rpulation and workforce expands, the City may want to consider these options.
Asa�provider,of child care through its Recreation Department, the City is unable to expand
the near capacity "Sun and Fun" after school programs. Limited by the available facilities
to the'four school sites where the program is currently operating, expansion is dependent
upon the development of new facilities by the School District. With the passage of a recent
school bond, funding will be available to the schools'and as they develop new facilities, it
IL 5 �
City o� San t OBISpo :. - - - --_- - ------ -
COUNCIL AGENDA REPORT-
is
EPORT is anticipated that the "Sun and Fun" program will expand. i
Additionally, the new Recreation Center has space that is designated for a licensed.pre-
school_ program.that will be similar to the. existing "Little .Rec'.ers" program .: :The facility
could- accommodate an expanded, full-time preschool program. Dependent upon demand,
the.,Department may move in this direction. _ - -
CONCLUSION: _
i
This report has outlined what the City is currently doing in support of child care in San Luis
Obispo. Additionally, it discusses a number of options that cities and counties throughout
the state.and nation have implemented or are considering. Child care is clearly an issue of
growing concern, for parents faced with the challenge of juggling their work. and family
responsibilities, for employers concerned with the quality of their labor force and the
retention of experienced employees, and for government.
The City Council is faced with meeting not only the needs of City of San Luis Obispo
employees through competitive and equitable benefit packages that include child care support
but also the needs of a community who looks to public leaders to provide community
services, child care prominent among them.
Staff; recommends that Council adopt the attached resolution which. clearly articulates the
City's commitment to continuing to place a high priority on children and their safe and
attentive care and to demonstrating its willingness to be a role model to other major
employers in the community by endorsing child care support systems as a positive,
beneficial, and cost-effective influence on the work force.
CONCURRENCE:
i
The Directors of Recreation, Community Development and Finance concur with this report
as the various options for future activities may have impacts on their departments'
operations.
FISCAL IMPACT: j
Therei ds no fiscal impact associated with the adoption of this resolution. There may be j
some minimal administrative. costs that arise from the implementation of.any of the options i
outlined-above. In addition, any expanded child care assistance benefit granted by the
Council to employees as part of the current meet and confer process will be analyzed in the
context of the total economic package agreed upon through negotiations.
ALTERNATIVE:
ae,
By.not adopting a formal policy that signals the City's ongoing commitment to child care and
the,children of the community, the City can continue to provide the kinds of assistance and
services:at the current levels. However, the City Council has an opportunity to not only
acknowledge current efforts but also stimulate future expanded efforts by the.City and other
employers.in the community.
- =.13E-
ATTACHMENT
Resolution: "Establishing.a Child Care Policy."
- 6
i
J
RESOLUTION NO. (1992 series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A CHILD CARE POLICY
WHEREAS, the City Council of San Luis Obispo recognizes good quality child care
services are an essential service for working parents which contribute to a child's emotional,
cognitive, and educational development; and
WHEREAS, the need for affordable, reliable child care is increasing as the workforce of
the 1990's continues to be characterized by having both parents in the family working
outside the home; and
WHEREAS, the commitment to employer supported child care assistance will pay
dividends in the recruiting, retention and attendance of skilled and productive employees; and
WHEREAS, if the City of San Luis Obispo is to continue to be a vital and viable City that
offers a special quality of life, young families must be encouraged to live and work in San
Luis Obispo and the City's success in this effort will depend greatly on insuring the safety
and well-being of the children in our community; and
WHEREAS, the City Council of San Luis Obispo places a high priority on children and see
them as the future;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo
establishes a Child Care Policy as follows in Exhibit A:
Upon motion of , seconded by and on the
following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of April, 1992.
j;P2A
Resolution No. (1992 Series)
Mayor Ron Dunin
ATTEST:
Pam Voges, City Jerk
a • a s a • a •
4ityAWinistrativ!e�Officer
i tto ey
G &C,
Personnel Director
• 3"02 3
EXHIBIT A
THE CITY OF SAN LUIS OBISPO CHILD CARE POLICY
By adoption of this policy, the City of San Luis Obispo demonstrates its willingness to
address the child care needs of its employees and the community. The policy will be the
guideline for all the actions taken by the City in the area of child care.
■ AS AN EMPLOYER
The City of San Luis Obispo will continue to assist its employees with child care by
maintaining the current programs that are in place (flexible spending accounts, flexible
scheduling, family care leave, and child care assistance through the Employees'
Assistance Program). The City pledges to support new programs as they are presented
in the context of employer/employee relations consistent with the City's obligation to
negotiate in good faith employee benefits, of which child care assistance is one. In this
way, the City will strive to be a model employer that through its own programs and
policies will encourage and stimulate other employers to assist their employees with child
care.
■ AS A COMMUNITY LEADER
The City of San Luis Obispo will continue to address the needs of the community in the
area of child care by considering the direct and indirect impact of its actions on the
current status of child care in this community. This is evidenced by recent revisions to
the zoning ordinance, inclusion of a policy position promoting child care in the draft Land
Use Element of the General Plan and the consideration of public private partnerships
designed to enhance child care in the community.
The City of San Luis Obispo through the Recreation Department will continue to provide
child care services to the community in its pre-school and after school recreation
programs. Although program costs are in part fee supported the City will continue to
fund a portion of the operational costs in support of child care services.
The City of San Luis Obispo will encourage the Human Relations Commission to continue
to place a high priority on granting aid to various children's services and to identify
community needs so that the City will remain informed about the adequacy of child care
services and responsive to the residents of San Luis Obispo.
,ql�l, ►► ►,,II city of sAnIUIS OBISPO
990 Palm Street/Post Office Box 8100 • San Luis Obispo, CA 93403.8100
January 27, 1992
TO: Planning Commission
FROM: e(LCindy B. Clemens, Assistant City Attorney
RE: Family Day Care Homes
At the December 18, 1991 Planning Commission Meeting,- you requested
that I submit a written legal opinion regarding the City of San
Luis Obispo' s ability to regulate. a family day care home at 330
Mira Sol. Specifically, you asked me to address 5 questions,
which are:
1. To what extent has the state chosen to preempt a City' s
ability to regulate family day care homes?
2. To what extent may the City of San Luis Obispo regulate the
family day care home in question?
3 . Is the general plan an ordinance prescribing reasonable
standards relating to family day care homes?
4 . Should the applicant's project be considered a school rather
than a day care home?
5. Would the tract CC&R' s prohibiting businesses such as family
day care homes provide a basis for denial of the application?
I have continued to research these issues and my conclusions are
as follows:
1. To what extent has the state chosen to preempt a City' s
ability to regulate family day care homes?
Answer: In 1981 the California Legislature adopted the Family
Day Care home legislation, which can be found at Health and
Safety Code Section 1597.30, et sec. A copy of the pertinent
provisions of that legislation has been attached to this
memorandum. Two provisions of that legislation are
particularly pertinent to your questions. First, Section
1597.40(a) states that the legislature intends to have family
day care homes situated in normal residential surroundings.
Further, the provision clearly states that the legislature has
1
chosen to occupy the field to the exclusion of Municipal
Zoning Regulations governing the use or occupancy of family
day care homes except as specifically provided in the
legislation. This is very strong language and it evidences
a clear expression of preemption by the state legislature.
The second pertinent provision is Section 1597. 46. This
states the possible regulatory provisions which a City can
apply to large family day care homes. (Incidentally, a large
family day care home is defined at Health and Safety Code
Section 1596.77 (a) as a home which provides family day care
for 7-12 children. ) Section 1597 .46 provides three options,
which are:
1. A City may classify these homes as a permitted use
of residential property for zoning purposes; or
2. Grant a nondiscretionary permit to any large family
day care home which complies with local ordinances
prescribing reasonable standards, restrictions and
requirements concerning spacing and concentration,
traffic control, parking and noise control relating to
such homes; or
3 . Require any large family day care home to apply for
a use permit which may trigger a public hearing. The
provision states that the use permit shall be granted if
the large family day care home complies with local
ordinances, if any, prescribing reasonable standards,
restrictions, and requirements concerning spacing and
concentration, traffic control, parking, and noise
control relating to such homes.
2 . To what extent may the City of San Luis Obispo regulate the
family day care home in question?
Answer: The procedure for processing family day care home ,
applications in the City of San Luis Obispo most closely
resembles the third option provided in Section 1597. 46, i. e. ,
the full use permit process. However, as stated in Section
1597 . 46, the use permit shall be granted if the large family
day care home complies with local ordinances prescribing
reasonable standards and restrictions concerning spacing
concentration, traffic control , parking and noise control
relating to such homes. At the present time, the City of San
Luis Obispo does not have a comprehensive ordinance
prescribing such standards. Of course, the general zoning
regulations regarding parking and the municipal code
provisions on noise apply to all single family residences and
would apply to this application. Therefore, it is my opinion
at this time that the only conditions or regulations which may
2
be placed on this application are those pertaining to parking
and noise.
3 . Is the general plan an ordinance prescribing reasonable
standards relating to family day care homes?
Answer: No. The general plan should not be considered an
ordinance prescribing reasonable standards relating to such
homes. This is for two reasons. First, Section 1597 .46 (3)
specifically states that there must be local ordinances
prescribing the standards. This is very clear language which
the legislature used and there is no indication that a general
plan was intended to be deemed an ordinance. Second, the
general plan is not an ordinance, but rather is adopted. by
resolution. It does not appear anywhere in the San Luis
Obispo Municipal Code, which is the official compilation of
all the City' s ordinances. Further, any amendments to the
general plan are adopted by resolution, not by ordinance.
(San Luis Obispo Municipal Code Section 17.80. 070. )
4 . Should the applicant' s project be considered a school rather
than a day care home?
Answer: I do not believe so for the following reasons.
First, I understand that this facility has been certified and
classified by the State of California as a family day care
home. Second, this facility seems to meet the definition of
a "family day care home" specified in Section 1596.78 , which
is a "home which regularly provides care, protection, and
supervision for 12 or fewer children. " Third, and finally,
the program serves children who are of pre-school age, that
is 2-1/2 to 5 years of age. Presumably, older children cannot
attend since they must be in an officially recognized public
or. private schools. Thus, I do, not believe this operation
should be deemed a school.
5. Would the tract CC&R' s prohibiting businesses such as family
day care homes provide a basis for denial of the application?
Answer: No. The legislature has specifically addressed the
question of whether any private covenant can prohibit or limit
the use of property for a family day care home. Specifically,
Section 1597.40 (c) states:
The City of San Luis Obispo may place restrictions on
building heights, setbacks or lot dimensions of family day care
homes as long as such restrictions are identical to those applied
to other single family residences. (See Section 1597.47. ) I am
assuming that the applicant meets those requirements.
3
3��
"Every restriction or prohibition
entered into, whether by way of
covenant, condition upon use or
occupancy, or upon transfer of title
to real property which restricts or
prohibits directly or indirectly
limits the acquisition, use, or
occupancy of such property for a
family day care home for children is
void. "
Therefore, I firmly believe that any language in the tract
CC&R's which would limit the applicant's ability to establish
the large family day care home should be considered null and
void.
CONCLUSION•
I have spent considerable time researching and reviewing these
questions. Both the case law and the legal commentaries, although
somewhat scant on this issue, do agree with my conclusions. If
you wish to discuss this with me further, please do not hesitate
to contact me directly.
CBC/sw
attach.
cc: Arnold Jonas
Whitney McIlvaine
4
��d0
CTCy Of San LUIS OBISPO
A.lljj',�
INITIAL STUDY OF ENVIRONMENTAL IMPACT
SITE LOCATION l�I APPLICATION NO. e2i
PROJECT DESCRIPTION
/W ape obllxrlri�
APPLICANT (/Ir �� SAN LUIS R�5 P
STAFF RECOMMENDATION:
NEGATIVE DECLARATION MITIGATION INCLUDED
EXPANDED` INITIAL STU Y RE UIREIn D ��j ENVIRONMENTAL IMPACT REPORT R O IRED
PREPARED BY \ f)l /
� C I L V n I'`�y DATE
COMMUNITY DEVELOPMENT DIRECTOR'S ACTION: / DATE
lled � I
't I lj C C 4 t2C4 T te)ru w/m iT<$ e1 i(CA,2 '&S .
SUMMARY OF INITIAL STUDY FINDINGS
I.DESCRIPTION OF PROJECT AND ENVIRONMENTAL SETTING
11.POTENTIAL IMPACT REVIEW POSSIBLE ADVER;p EFFECTS
din I�
A. COMMUNITY PLANS AND GOALS .................................. ............ .... . � •.�.1
B. POPULATION DISTRIBUTION AND GROWTH..........................................
C. LAND USE .......................................................................
D. TRANSPORTATION AND CIRCULATION �f.......................................... ..
E. PUBLICSERVICES ................................................................. �ONG
F. UTILITIES........................................................................
Now
G. NOISE LEVEuS .................................................................. Q
H. GEOLOGIC 3 SEISMIC HAZARDS&TOPOGRAPHIC MODIFICATIONS ....................
I. AIR QUALITY AND WIND CONDITIONS...............................................
J. SURFACE WATER FLOW AND QUALITY ............................................... C�,
K PLANT LIFE...................................................................
tleL ANIMAL LIFE................................................................:......... o
M. ARCHAEOLOGICALIHISTORICAL ..................................................a v
N. AESTHETIC ...............................................................
O. ENERGYIRESOURCEUSE ..........................................................
P. OTHER .......................................................................... l VIJI iC�
III.STAFF RECOMMENDATION
HI 164169
'SEE ATTACHED REPORT saes
INITIAL ENVIRONMENTAL STUDY, ER 132-92
Amendment to Day Care Zoning Regulations
August 1992
I. DESCRIPTION OF PROJECT AND SETTING
Proposal Summary
The City of San Luis Obispo proposes to amend its zoning regulations regarding day care
facilities. Currently, zoning regulations do not clearly distinguish between different types
of day care, and the permitting process specified in the regulations is inconsistent with State
law.
Proposed amendments would define different types of day care and clarify City requirements
for each; reduce the cost of City review for day care providers by reducing the required level
of review; establish more specific compatibility standards for day care facilities in residential
settings; and outline .a use permit procedure which meets State law requirements.
Consistent with an adopted City Council resolution aimed at increasing day care
opportunities throughout the community, certain day care facilities would be allowed in two
zones where they are not currently permitted.
A draft text amendment and summary of the proposed day care permitting process is
attached.
State Law Consistency
State law specifically defines small family and large family day care homes, and outlines how
local governments may or may not regulate them. Small family day care homes, providing
care to 6 or fewer children, cannot be regulated by local government. Large family day care
homes can be regulated, subject to certain parameters. State law does not preempt a city's
ability to regulate day care centers. The existing zoning regulations do not distinguish
between family day care homes and day care centers; nor are the use permit procedures for
large family day care homes consistent with State law.
Proposed Changes by Type of Day Care
Small Family Day Care -These facilities provide care to 6 or fewer children in a residential
setting and cannot be regulated by local government. They are subject only to the same
standards that apply to any residential dwelling. Current regulations acknowledge this.
Proposed amendments would merely clarify this use by definition, distinguishing this type
of day care from "large family day care homes" and "day care centers."
Large Family Day Care Homes - These facilities provide care for 7 to 12 children in a
residential setting and can be regulated by local government, within limits set by state law.
In the current regulations, this type of day care is classified as "nursery schools" or"child day
care." A conditional use permit is required, subject to public hearing and noticing
J-26
requirements that conflict with the procedure specified by State law.
Current procedures for any child care facility serving more than-6 children require a public
hearing and mailed notice to occupants and residents within 300 feet of the proposed day
care site. State law precludes a hearing for large family day care home applications, unless
requested by the applicant or other affected person, and limits noticing to property owners
within 100 feet. By-law, the scope of any ordinance requirements for family day care is
limited to four specific areas-- parking, traffic,spacing and concentration, and noise control.
In addition, State law requires any permit for a large family day care home to be processed
as economically as possible.
Proposed amendments would specifically define large family day care homes and establish
a conditional use permit process that is consistent with State law. The Community
Development Director would review and act on applications, rather than the Administrative
Hearing Officer or the Planning Commission. An application would be subject to specific
standards related to noise, parking, spacing and concentration, and traffic control.
Day Care Centers - Current regulations classify these as "nursery schools" and "child day
care." Where permitted, a conditional use permit is required, except in the Office zone,
which is the only zone where day care centers are allowed without a conditional use permit.
The only standard specifically applied to this use is a parking requirement.
Proposed amendments to the Zoning Ordinance recommend the term "day care center" in
order to be consistent with the legal definition offered by the State. The State does not
limit a local jurisdiction's authority to regulate day care centers. Proposed changes would
allow day care centers to be located in the Central Commercial and Tourist Commercial
zones, where they are currently prohibited. Proposed changes would reduce the level of
review required for this use, but would subject day care centers to additional standards
related to noise, spacing and separation, and traffic control. In some cases a day care center
would be allowed where an administrative use permit is now required; in others an
administrative use permit would be required rather than a Planning Commission use permit.
II. POTENTIAL IMPACT REVIEW
A. Community Plans and Goals
General Plan Consistency
The General Plan Land Use Element states that uses such as child care should be
considered conditionally compatible with residential environs, subject to evaluation of site
development plans.
The 1992 draft update of the Land Use Element states that neighborhoods shall include a
2_
,�-3 /
mix of uses to serve the daily needs of nearby residents, and that residential areas may
accommodate nonresidential activities such as child day care. The draft includes the stated
goal of encouraging opportunities for elder care and child care within the community.
City Child Day Care Policy
Proposed changes to-day care regulations are consistent with the attached City resolution,
which acknowledges the need for affordable and reliable child care, and the willingness to
evaluate and revise City action regarding child care in order to be responsive to the child
care needs of its employees and the community.
Significant Impact: None.
D. Transportation and Circulation
Traffic
One of the primary concerns with locating day care homes in residential neighborhoods is
the perceived traffic impact. A large family day care home is by definition limited to 12
children. Assuming each of the 12 children are from different families, and all are delivered
and picked up at the same time, by car, with no carpooling, the worst case scenario would
generate 24 trips a day plus any employee trips. Even that maximum amount of additional
traffic is too minor to affect the level of service on any residential street in the city.
In reality, it is unlikely that the maximum number of children would be present on a daily
basis, and less likely that they would all arrive and depart at the same time by car. It is not
unusual for day care homes to provide before and after school care, within walking distance
of an elementary school, nor is it unusual for parents to take turns carpooling. Day care
centers, which by definition can accommodate many more than 12 children, have the
potential for generating more traffic than day care homes and would have to be evaluated
on an individual basis.
For day care centers or homes, no permits would be issued unless either the applicant or
staff demonstrates that the amount of traffic generated will not significantly reduce the level
of service in the vicinity, and that parking and drop off areas will not pose any traffic or
safety hazards. To encourage trip reduction, day care facility operators would be required
to provide carpool matching services to all clients.
Parking
Deliveries and pick-up's associated with day care tend to be of short duration, and staggered
with peak morning and afternoon periods. Therefore, a requirement of one off-street
parking space per 300 square feet of gross floor area, in addition to two spaces for the
residential use, should adequately accommodate necessary parking for a day care home. A
3
more stringent requirement could be construed as "unreasonable" and subject to legal
challenge.
Day care centers, either stand alone or accessory to other uses, would be required to
provide parking at the current ratio of 1 space per 300 square feet of floor area. Because
it is a service traditionally offered by churches and schools, no additional parking should be
required where day care is directly associated with either of these uses, as long as the
minimum parking requirement for the primary use is met.
Cumulative Impact
Because a concentration of day care facilities would potentially increase parking and traffic
conflicts in residential neighborhoods, staff is recommending that any new day care center
or large family day care home in a residential zone be located a minimum of 200 feet from
arty other day care home or center, except that it may be located closer to small family day
care homes, which are limited to six or fewer children.
Significant Impact: None, provided that:
1. On-site parking is provided at a rate of one space per 300 square feet of gross floor
area of day care use. Large family day care homes shall provide an additional two
spaces for the residential use.
2. Large family day care homes or centers, established after the effective date of this
ordinance in a residential zone, must be located a minimum of 200 feet from the
perimeter of properties containing existingday care facilities, except that large family
day care homes and day care centers may be located closer to small family day care
homes.
3. Designated delivery and pick-up areas shall not pose any traffic or safety hazards.
4. Operators of day care homes and centers shall provide carpool matching services to
all clients.
G. Noise Levels
Day care facilities are subject to all applicable provisions of the Noise Ordinance. State law
provides that any additional noise standards for day care homes cannot preclude the noise
levels typically generated by children in a residential setting. In staffs estimation, the
greatest chance for noise conflicts would be in the morning when neighbors might still be
asleep. To reduce the possibility for early morning conflicts, staff recommends that outdoor
play activities not be allowed prior to 9:00 a.m.
4
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Significant Impact: None, provided that:
1. Where a large family day care home or day care center is adjacent to housing,
outdoor play shall not be allowed prior to 9:00 a.m.
III. STAFF RECOMMENDATION
Staff recommends the Director grant a mitigated negative declaration to the proposed
Zoning Ordinance changes related to the permitting of day care facilities, subject to the
following finding and mitigation measures:
Finding:
1. The proposed changes to the zoning regulations related to the permitting of day care
_ facilities are consistent with community plans and goals, and will not have a
significant negative impact on the environment.
Mitigation:
1. On-site parking shall be provided at a rate of one space per 300 square feet of gross
floor area of day care use. Large family day care homes shall provide an additional
two spaces for the residential use.
2 Large family day care homes or centers, established after the effective date of this
ordinance in a residential zone, must be located a minimum of 200 feet from the
perimeter of properties containing existing day care facilities, except that large family
day care homes and day care centers may be located closer to small family day care
homes.
3. Designated delivery and pick-up areas shall not pose any traffic or safety hazards.
4. Operators of day care homes and centers shall provide carpool matching services to
all clients.
5. Where a large family day care home or day care center is adjacent to housing,
outdoor play shall not be allowed prior to 9:00 a.m.
Attachments:
Summary table
Council resolution 4/7/92
Draft amendment
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