HomeMy WebLinkAbout10/06/1992, C-3 - FINAL PASSAGE OF AN ORDINANCE REVISING CITY REGULATION OF DAY CARE FACILITIES. I`Ill�r�llll�llllln�l Il � � MEETING DATE:
111 I� ����� cIo San _JIS OBIspo
COUNCIL AGENDA REPORT ITEM NUMBER: .3
0
FROM: Arnold Jona Community Development Director
PREPARED BY: Whitney McIlvaine, Associate Planner
SUBJECT:
Final passage of an ordinance revising City regulation of day care
facilities.
CAO/STAFF RECOMMENDATION
Give final passage to Ordinance No. 1225 as introduced on September
15, 1992, amending the Zoning Regulations for day care facilities
and approving a mitigated negative declaration of environmental
impact.
DISCUSSION
The Planning Commission has recommended revisions to the Zoning
Regulations affecting day care facilities. The proposed amendment
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 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.
Where accessory to a church or school, day care centers of any size
will be allowed by right, with no permit necessary. Small day care
centers serving fewer than seven children as an accessory use to a
commercial business would also be allowed by right.
ALTERNATIVES
The Council may, by motion: (1) reject the ordinance; (2) continue
action; or (3) introduce other ordinance language which does not
conflict with State law, the General Plan, or sections of the
Zoning Ordinance which are to remain.
Attachments:
Ordinance No. 1225, as introduced
wm: daycare/R132-92F
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:
Ordinance No. (1992 Series)
Page 2
Mayor
ATTEST:
City Clerk
APPROVED:
'City A inistrative officer
Li. -411J�1�
t orn
Community Dev 1 pment Director
wm:13292ord.wp
EXHIBIT A
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 seQ. 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 Permits. Day care centers are subject to the performance
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 person.
C. Permit Approval. The Director is authorized to approve day care permits, subject
to the appeal provisions of Chapier 17.66 of this Title. In accordance with California
Health and Safety Code Section 1597.46(a)(3), the Director shall approve a daycare
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
Lj 3-s
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.
�3-6
Miscellaneous Changes to the Zoning Text
17.04 Definitions
Sema cz o Tt18 t.: .:Gor.0 >`Iczmes aiid n ers, CJrd. ,
17.04.150 F. Nursery school < . clYtx .
>
omit current lan 's .:
: 5ca#n::>; EI$_Q45<;:::: 7a : : n
( . Wiae)
gY.::::::::::: ::.: ::........ ............................ ............
17.08.040 Home Occupation.
D. Prohibited Uses
6. Gand eare ef more than six ehildr-eft er- instmefieft fer- more than three seheel age
elg4dr-ea er- adtdts at ene time (net eetta6ag residents of the home);
17.16.060 Parking space requirements.
Table 6
W.f � a .card. for" rellig "
:;;. ......
a:«'i ai3ue> rter30f s' tia:e:: f€a r aye >d ;: ed>aa
8 :::. .:::: :::: P ::: ::: ::::,:4.::.. r:.:. f ,grss.:.:.:.:v.::: .::.a:.eQt:... :::.
a ci tla °tr t sro;s> c £ar>th ::d:. 1h
l r C Iter# spade per 30. st{uare deet I.Xof grt�ss fi pr.step
Schools:
Nursery school, reIp; t'::s ' t'<;: .; care . - One ace per 300
P::::: E:::::::...:: P
square feet gross floor area
17.22.010 Uses allowed by zones.
Changes to Table 9 - Uses Allowed by Zone (Affected zones and changed approval
requirements are highlighted.)
R-3 R-4 C/OS O PF . N C-G C R C T C-S M
Current Listing:
Schools
-Nursery school, child day care 2"G D D A D D - D — D D
Proposed Listing:
Day care
-Family day care homes
(See Section 17.08.045)
J.
Day care center* D €:;::;fly D D A D ',D <':< D D
Schools
-Nursery school ::>:.:......:::::............
(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. Day care centers serving fewer than 7 children as an accessory use
to a commercial business are also allowed by right.
2
C'-3-8