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8$I <br />REPORT <br />To the Honorable Mayor and City Council <br />From the Planning Commission <br />August 25, 2003 <br />Subject <br />Proposed Amendments to the Zoning Ordinance Relating to Provisions of Child Care <br />Facilities. <br />Recommendation <br />When this item came before City Council on April 22, 2002, the Council indicated their <br />preference for the non - discretionary version of this ordinance — Option 2 listed under <br />"Background" in this report. The Planning Commission considered all three options <br />permitted under state law and decided to recommend Option 3, involving a modified <br />conditional use permit process with a public notice and hearing to approve large family day <br />care homes. <br />A draft ordinance will be prepared and placed on a future consent calendar, following <br />Council's decision of the Option you wish to use for review of large family day care homes. <br />Background <br />California State Law specifies that a local jurisdiction may not prohibit "large family child <br />care" homes' Cities have three options for their review: <br />Option 1 : to allow them by right; or <br />Option 2 : to require a "non- discretionary" permit, with no hearing and specifying <br />"prescribed reasonable conditions" related to only four potential impact factors: <br />parking, traffic, noise, and spacing concentrations of homes; or <br />Option 3 : to require a modified conditional use permit and process which: <br />• May only address the same four areas of potential impact noted above with <br />"prescribed reasonable conditions" <br />• Must only require noticing within 100 feet (to be conducted by the City); <br />• Must only hold a hearing if requested by an affected party (i.e. a neighbor or <br />the prospective licensee); <br />• The applicant or other affected person may appeal the decision. <br />On February 14, 2000, the City Council adopted an ordinance modifying regulations for <br />child day care, and particularly for accommodating "large family child care homes." (See <br />Attachment #1: City Council Minutes'of February 14, 2003, and Ordinance 1130 -304 <br />adopted on February 28, 2000). At that time the City Council introduced an ordinance that <br />permitted large family childcare homes, subject to approval by the Zoning Administrator, <br />with notification of neighbors by the applicant, and with an appeal process.to the Council. <br />' A "large family child care" home is a home that accommodates 7 — 12 children, and in some cases up to <br />14 children <br />